The Indenture of Murdoch McLean (Lot 57/58)


Land Conveyance to Murdoch McLean, Lots 57 & 58, (Point Prim)

THOMAS EARL OF SELKIRK
TO
MURDOCH MCLEAN

CONVEYANCE

DATED: 7TH DAY OF APRIL, 1806

REGISTERED: 22ND DAY OF AUGUST, 1818 AT 2 O’CLOCK IN THE AFTERNOON

C. BINNS-D.Registrar

Church of LDS, Microfilm no1630045, Liber 25 Folio 197

This Indenture made on the seventh day of April in the year of our Lord one thousand eight hundred and six (1806) between the Right Honorable Thomas Earl of Selkirk by James Williams of Prince Edward Island Esq. His Attorney, lawfully constituted and appointed as hereinafter mentioned of the one part, and Murdoch McLean of the Parish of Saint John in the Queen’s county in the said Island, farmer of the second part.

Witnesseth that for and in consideration of the sum of Fifty Six Pounds lawful money of said Island by the said Murdoch McLean to the said Thomas Earl of Selkirk in hand at and before the sealing and delivery of these presents/ being the consideration for the complete Purchase of the absolute Estate of Inheritance in fee simple of and in the tract of Land , Hereditaments, and Premises herein aftermentioned to be hereby Released/the Receipt whereof He the said Thomas Earl of Selkirk doth hereby acknowledge and ? and of and from every part and parcel thereof doth acquit, Release and discharge the said Murdoch McLean his Heirs, Executors, and Administrators and every of them forever. By these presents He the said Thomas Earl of Selkirk hath granted bargained sold aliened released and confirmed and by these presents doth grant, bargain sell,alien, Release, and Confirm unto the said Murdoch McLean and to his heirs and assigns all that Tract or Parcel of Land situate, lying and being in the Parish of St. John, aforesaid and in part and Parcel of Lots or Townships numbers Fifty Seven and Fifty Eight in the said Island of Prince Edward. Commencing at a stake fixed in the edge of the Woods and Marsh between John McDonald and the said Murdoch McLean and running from thence West two chains and fifty links from thence due North Three chains from thence West Ten chains from thence South to the Pinette River from thence South Fifty four degrees East along the Shore fifteen chains to John McDonald’s West boundary line and from thence due North on said line to the place of beginning.Containing in the whole One Hundred and Thirteen Acres of Land, a little more or less agreeable to the Plan thereof hereunto annexed which said premises have been for some time and now are in the actual possession of said Murdoch McLean/ togetherwith all and singular houses, outhouses, buildings, fences, yards, gardens, orchards, meadows, marshes, woods, underwoods?, ways . waters, watercourses, privileges, profits. advantages, hereditaments, and appurtenances whatsoever to the same belonging or in any wise appertaining and the inversion? reversions, remainder and rents and profits thereof and the estate, right, title, interest, use, trusts, property claim and demand whatsoever both at law and at equity of him the said Thomas, the Earl of Selkirk, of into and out of the same every or any part and Parcel thereof. To Have and To Hold the Tract, Piece, Or Parcel of Land and All the Singular Other Premises abovementioned to be granted and released with the appurtenances unto the said Murdoch McLean his Heirs and Assigns to the only proper use and behoof of the said Murdoch McLean His Heirs and Assigns Forever. Subject to the payment of his Majesty’s Quit Rents from the first of May In the Year of our Lord One Thousand Eight Hundred and Three(1803) and to the several other conditions reservations and provisions mentioned and contained in the original grants of said Lots or Township Numbers Fiftyseven and Fiftyeight from the Crown so far and in proportion as the Premises hereby granted and released to the whole of the premises contained in the original grants and the said Thomas Earl of Selkirk doth hereby for himself and his heirs covenant and grant to and with the said Murdoch McLean his heirs and assigns in manner and form following that is to say that He the said Thomas Earl of Selkirk now at the time of the Sealing and Delivery of these presents is lawfully and rightfully ? of and in the Tract or Parcel of Land and all singular Premises above mentioned to be granted and released with the appurtenances of a Good Perfect and absolute Estate of Inheritance in fee Simple and hath good right full power and lawful authority in his own right to grant and release the same to the same Murdoch McLean his heirs and assigns to the only proper use and behoof of the said Murdoch McLean his heirs and assigns forever According to the Indenture and meaning of these presents and also that he the said Murdoch McLean his heirs and assigns shall and may from time to time and at all times from henceforth forever Peaceably and quietly hold and enjoy said Tract or Parcel of Land and all and singular other the premises above granted and Released with the appurtenances without the suit trouble hindrance interruption or denial of him the said Thomas Earl of Selkirk his heirs and assigns or by any other Person or Persons whatsoever Lawfully claiming or to claim by and from or under or in trust for or them And that freed and discharged or otherwise well and sufficiently saved harmless and kept indemnified of from and against all former and other Gifts Grants Bargains Sales Judgments Executions Rents and ? of and from all other charges, Estates, Rights, Titles, and encumbrances whatsoever had made committed done or suffered or to be made committed done or suffered by the said Thomas Earl of Selkirk or any other Person or Persons whatsoever lawfully claiming or to claim the same Premises or any part thereof And lastly, that he the said Thomas Earl of Selkirk and all and every person or persons having or lawfully claiming any Estate Right Title or Interest of in or to the said Tract of Land Hereditaments and Premises or any part thereof by from or under or in trust for him or them shall and will from time to time and all times hereafter upon the reasonable request costs and charges in the Law of the said Murdoch McLean his heirs and assigns

2

make do and Execute or cause and promise to be made done and Executed all and every other and further Lawful and Reasonable Act or Acts thing and things Deeds Devices and Conveyances in the Law whatsoever for the further better and more perfectly granting conveying and ? of all and singular Premises abovementioned to be hereby granted and released with the appurtenances unto and to the use of the said Murdoch McLean his heirs and assigns forever by him or them his or their counsel shall reasonably devised or advised and required. In Witness Whereof the aforenamed James Williams hath hereunto set the hand and affixed the seal of the said Thomas Earl of Selkirk by virtue of a letter of attorney for that purpose and under his hand and seal duly Executed and Register in the Register’s office at Charlottetown in the said Island of Prince Edward and the said Murdoch McLean hath hereunto set his hand and seal the day and the year first before written.

Signed:

SELKIRK(LS) BY JAMES WILLIAMS, HIS ATTORNEY

MURDOCH(his X mark) MCLEAN

SEALED AND DELIVERED IN THE PRESENCE OF

C. STEWARD JOHN MCKENZIE ROBERT FOX

RECEIVED the day and year first written of and from the within named Murdoch McLean the sum of fiftysix pounds currency being in full consideration money to be paid to me. SELKIRK BY JAMES WILLIAMS HIS ATTORNEY WITNESS; C.STEWART JOHN MCKENZIE ROBERT FOX


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