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Brandywine Deed, 1773

This is the second of the three Brandywine deeds, which became the Lea-Tatnall Mills. This document is being returned to the care of the Delaware Archives, 2011.

This INDENTURE made the fifteenth day of May in the thirteenth year of the reign of Our Sovereign George the Third over Great Britain, etc., King, etc., and in the year of Our Lord One thousand seven Hundred and seventy three BETWEEN John Lea of the Borough of Wilmington in the county of Newcastle upon Delaware Yeoman of the one part and James Marshall of the same place, miller of the other part WHERES the sd John Lea by virtue of an indenture of Bargain and Sale duly Executed under the hands and seals of James Gilmore and Esther his wife for the Consideration therein mentioned became Lawfully Seized in feel of and in the following described Lot or piece of Situate and being on the West side of Market Street between Queen Street and Hanover Street In the Borough and County afsd. and bounded as followeth to wit BEGINNING at a stake standing on the west side of Market Street as laid out at three perch Board being also the North East corner of a lot formerly of Jeremiah Cloud thence with the said Clouds line North fifty Eight degrees West One Hundred thirty three⇑feet and six inches to Shipley Street as laid out at the perch board home up the sd Street and bringing thereof North thirty four Degrees East thirty feet to a corner stake from thence with a new line dividing this from the remaining part of the S. James Gilmers Lot South fifty Eight degrees East Ninety nine feet six inches to a corner stake, thence south thirty two degrees West nine feet four inches to another corner stake thence south fifty Eight degrees East and passing through the middle of the end wall of the said James Gilmers Brick House thirty four feet to Market Street thence down Market Street South thirty two degrees West Twenty feet and Eight inches to the place of Beginning Containing by Computation three thousand six Hundred and Eighty Eight feet of Land be the same more or less with all the buildings And improvements thereon as by the sd Indenture Residing as is therein Resited bearing date the Twentieth day of the Seventh month in the year of our Lord One Thousand Seven Hundred and Sixty Eight and recorded In the Rolls office at Newcastle in Lib Page etc., Reference thereunto being had may more fully and at Large appear NOW THIS INDENTURE WITNESSETH that the said John Lea for and in Consideration of the Rents and Covenants therein after Reserved and Obtained on the part and behalf of the sd James Marshall his heirs Executors Administrators and Assigns are and ought to be paid performed and done he the said John Lea HATH Demised Granted Betaken and to form Letter and by these presents DOTH Demise Grant Betake and to form let unto the said James Marshall his heirs Exed Admn and assigneth and Singular that the above described Lot peice of Land Situate lying being and bounded as above said and Containing three thousand six hundred and Eighty Eight feet of Land be the same more of less TOGETHER with All and Singular the Houses out Houses Gardens fences, Rights Liberties Priviledges waters water courses ways Easments proffits Heriditaments and Appertenances whatsoever thereunto Belonging or in any way Appertaining TO HAVE AND TO HOLD all and Singular that the above Described Lot or peice of Land and premises with every the Appurtenances unto the said James Marshall his Heirs Excs. Adms and Assigns from the Day of the Date heretofor and During and untill the full Term of Nine Hundred and Ninety nine Years next Ensuing and fully to be completed and ended YEILDING and paying therefore yearly abd Every year during the sd Town unto the sd John Lea his Heirs Executors Administrators or assigns the Rent or sums of Six pounds Current Lawfull money of this Government on the fifteenth day of March in every year during the sd term with⇑out any deductions or alterment for any Suit Rents now due or hereafter accruing and becoming due for the same to the Cheif Lord or Lords of the feel or for any other matter or thing whatsoever AND if it shall happen that the sd yearly rent of Six pounds or any⇑part thereof shall be behind and unpaid by the space of Ten Days next after any of the Days on which the same ought to be paid as also being Lawfully Demanded and not sufficient Distress to be found in and upon the Premises that then and at all Times thereafter it Shall and may be Lawfully to and for the sd John Lea his Heirs Execs Admns and assigns Into the sd Demised Lot or peice of land and premises or into any part thereof in the name of the whole to Rented and the same to have again Repossess and enjoy ⇑the said James Marshall his Execs" Adm" and Assigns" as in his or their former Estate and from thence to Expell And put out any thing herein Contained to the Contrary in any ways notwithstanding AND the sd James Marshall for himself his Heirs Excs Adms and Assigns doth Covenant promise and grant to and with said John Lea his Executors Administrators or Assigns shall and will during the sd Term hereby Demised well and truly pay, or Cause to be paid unto the said John Lea his Heirs Execs Administrators or assigns the Said yearly rent of Six pounds on the fifteenth day of may in every year of the said Term without any deduction or abatement as afsd and according to the Reservation thereof as afsd and the true intent and meaning of these Presents And further it is Covenanted by and between the said parties by these presents that if the said James Marshall his Heirs Executors Administrators or Assigns shall at any time hereafter Tender and pay to the said John Lea his heirs Execs Admns or assigns the sum of One Hundred and Twenty Pounds money afsd at one conter payment over and above any rent then due on the said Demised Lot or peice of Land that there and immediately upon the same the said John Lea his Heirs Executors Adms or Assigns shall upon the reasonable request Proper costs and Charges of the sd James Marshall his Heirs Exec Adms or assigns by some Lawfull ways and means in the Law further convey and assure to the sd James Marshall his Heirs and Assigns all and Singular that the above described Lot or peice of Land & premises with every The Appurtenances Clear of the above mentioned yearly ground east (which shall then after Cease and determin any thing herein Contained to the Contrary, Nothwithstanding) as by the sd James Marshall his Heirs or Assigns or for his or their Councel Learned in the Law shall be thereunto Reasonably Devised Advised or Required AND Lastly that the sd James Marshall his Heirs Executors Administrators or Assigns Paying the said yearly rent of Sixty Pounds above reserved in manner aforsaid, and performing all and every the Covenants and agreements herein before Contained Shall & may Peaceably and Quietly have hold use Occupy Possess and enjoy all the said Lot or peice of Land and premisses for and during the Term hereby Granted with⇑out any Lawfull Let Suit, Trouble, or interruption of or by the sd. John Lea his Heirs Execs Administrators or Assigns or any of them or by or through his their or any of their Acts means or Procurement In Witness whereof the said John Lea hath thereunto put his hand & Seal and Dated The Day and year first above Written

Jas Marshall
SIGND SEALD & DELIVERD
IN THE PRESENCE OF US


gouldsmith Falwell
Jno Hapled

A perch is as a unit of measurement used for length, area, and volume in a number of systems of measurement. In ancient Rome, a perch was 10 feet (3.05 m). Though in Britain use of the perch was discouraged in favor of the rod, the perch was standardized in 1607 as 5.50 yards long.



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