ERIC KRAUSE

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The Jost House, 54 Charlotte Street, Sydney, Nova Scotia

SAMUEL SPARROW ~ 
18TH-CENTURY CAPE BRETON ISLAND 

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TRANSCRIBED DOCUMENTS 
 

[Source Required]

          This Indenture made the Twenty sixth day of September One Thousand Hundred & Eighty Seven & in the twenty Seventy Year of the Reign of George the Third of Great Britain King, between John Smith of Sydney Island Cape Breton Mercht. of the one part, and Samuel Sparrow of said town of Sydney Mercht. of the other Part, Witnesseth that for and in Consideration of the Sum of Five Hundred Sixteen Pounds thirteen Shillings Nova Scotia Currency to the said John Smith in hand paid by the said Saml Sparrow at & before the Sealing & delivery of these Presents the receipt where of the said John Smith hath hereby Acknowledged & [confesss?] & thereof and every [Inast?] & [have?] thereof doth freely fully & Absolutely [Request?] exonerate & discharge the said Samuel Sparrow his Creditors, Administrators and [Aligning?] by these Presents He the sd. John Smith Hath desmised granted [an?] to form Letter & by these [Ineseal?] Doth demis [Grant?] & to [form?] let unto the sd. Saml. Sparrow his Exc Adminr & Assign. All that [piece or Part?] of Land being Lot Eight in Block A. in the street or Place called the [esplanade?] situated & being in the Town of Sydney & Island aforesaid extending & measuring in front on the said Street or Place forty feet & [carring?] the same extent of Front backwards to the Depth of one Hundred feet with all the Rights Privileges & [?] [?] [?] [?] or [App?] which was Present the said John Smith [didinan?] by a Grant under the great Seal of the Island [Cape?] Briton Aforesaid bearing date the Seventeeth day of [May?] 1786 and entered in the Register Office for said Plan in Book A page 17, [18, 19?] [become] legally Probated & [?] All that [tract] or [?] of Land being [forty?] 7. or 49. situated on the south [?] branch of Sydney River Island Cape Breton cont by estimation Eighty six long and half more or less with all the Wood underwoods, Timber & Timber trees, Lakes Ponds Fishings Water & Water courses Profit Commodities Appurtances & heriditaments there unto below [?] [?] way & [Aff ?] [?] which said [Resmains?] the sd. John Smith did in and by a Grant under the great Seal of the Island [dsose?] bearing date the Twenty First day of Augt. 1786 & entered in the Registry Office for said Island in book A Page 102.103.104. become legally Possessed of, Also all that [?] or [?] of land being Lot six in Block K in the street called South Charlotte Street, situated & being in that Part of Sydney called [Bladein?] [?] [?] in Front on the said Street Forty feet and carrying the same extent of front backwards to the Depth of One Hundred feet with a Messuage thereon & all the Appurtenances to the same belonging or in any [wise?] Appertaining which said Premier the said John Smith did in and by a Bill of Sale dated 24th. June 1786 to him Granted by Thomas [Garsoiss?] the [?] Proprietor these of for a Valuable Consideration become Legally [I?] of, all which said Ponds or Tracts of Land Messuage Rights Privileges Benefits Woods underwoods Timber & Timbers Trees Lakes Ponds Fishing, Water & Watercourses Profits, Commodities Appurtances [these] belongg or Appurtances Together with all the buildings, Dwellings, Houses, [?] [?] & [?] every other Improvement [asso?] them therein or better, thereto [?ssdt.] & Reversion & Reversion Remainder & remainders [?] and all right title Interest Property claim or [Demon?] whatsoever of them the said John Smith in and to the same & all Deeds Writings [or?] [Coiden?] [or?] [tr?] & [?] the [sd?] several recited Promises which He the sd. John Smith hath in his hands or [?]. To Have to hold all and Singular the said [Isands?] & tracts of Land Messuage Tenements & heriditaments or [Jnemier?] hereby [demised?] [meant?] mention on [intented?] to be hardly desmised with these & every of their rights Members & Appurtances unto the sd. Samuel Sparrow his Executor Administrators & Assign from the day of the state here of unto the full end & term of One thousd. [?] next ensuing & fully to be compleated & ended [?], & Laying therefore [?] and every Year during the sd. term unto the said John Smith His Heirs or Assign the Yearly rent of one pepper corn at the Feast of St. Michaels of [Late?] be lawfully demanded, Provided always, and upon this Condition that if the said John Smith his Heirs Execution or Administrators [?] [?] [?] truly Lay or came to be Laid us to the said Saml. Sparrow his Executors Administrator or Assign, the sum of five hundred Sixteen pounds thirteen Shillings, Nova Scotia Curcy on the 28th day of Sept next ensuing the day of the date hereof, without any deduction or [Abstenment?] on any Amount or Interest whatsoever. That then this Interest, Indenture or any matter clause or thing herein contained to the contrary there of in any way not withstand. [and?] the said John Smith for himself his Heirs Executor & Administrator doth hereby Covenant Grant & Agree to and with the said Saml Sparrow his Exect. Administrator & Assign by these [Pr?] that he the sd. John Smith his Heirs Exect. Administrator, shall and [?] and [treaty?] lay or come to be laid onto the said Saml. Sparrow his Executor Administrator or Assign the said Sum of Five hundred Sixteen Pounds thirteen Shellings at the day which before mentioned for [?] [?] these According to the true interest & [uncarring?] of these Presents And [?] said John Smith [?] [Lath?] good night Careful & Absolute [?] and Authority [in] himself to Grant [Also?] and convey Singular the said [?] on [?] [?] Lands Messuage Tenements and [Premisses?], hereby Granted or mentioned on [?] [led?] to be hereby Granted [?] to the sd. Saml Sparrow to the only use of him the said Samuel Sparrow his Executors, Administrators & Assign in manner & [?] [?] and that the sd. Saml Sparrow his executioners, Administrators or Assign and every [?] [?] shall or lawfully may from time to time and at all time [reversion?], have had [simple?] use [?] & [?] all & singular the sd. [?] & tracks of land Massuage Tenements & [Premisses?] hereby granted or [?] & any every part & land thereof with all singular every of these Appurtances & all every of the [Rents?] & profits [?] [?] & [?], to have [received?] & take without any [?] of [?] [?] trouble [?] [?] hindrance or molestations whatsoever of or by the said John Smith his Heirs or Assigns or any other [?] or [?] [?] [?] lawfully [?] or to [?] the [lands?] Messuage & [?] or any [?] or [?] thereof [?] that [?] John Smith and [?] [?] the sd. hereby Granted herein unto & upon the sd. Saml Sparrow his executor [?] & Assign for & [?] [?] [term?] agt. him the sd. John Smith [his Heirs?] and all [?] other [?] or [?] lawfully [?] or which shall at any time or times [?] [?fully] [claim?] [?] by or [?] [?]. [?] & [?] warant & defend by those Present [?] [?] [?] of the sd John Smith & Saml Sparrow have here unto [?] [?] this land [?] [?] above written                                            John Smith [?]
                                                                                      Saml Sparrow [?]

[Sealed and delivered in the presence of]

Arch. Chas. Dodd
William Brown             enter'd 26th Sept 1787 A Cuyler Register

          Be it remembered that I the within Named John Smith, for and towards satisfactors of their sum of five Thousand Pounds thirteen Shillings Nova Scotia Currency by [?] & [?] unto Saml Sparrow of Sydney Island of Cape Breton as Specified in certain & distinct [Security?] of Bond and Indenture bearing [?] date with this Indement, [?] for me my Heirs executor and Administrator, Granted Bargained and Assigned and let over, and by those Present Do Grant Bargain [?] Assign and [set?] over with the said Samuel Sparrow his Executors Administrators and Assign as well this Instent Indorsement on the written Bill of Sale as also the Messuage Tenement heriditaments and Promises within [mention?] to he Granted and Dismissed to me, Likewise all my Estate right Title Interest claim Property and Demand of in or to the same which I [now have?] or hereafter may have or claim of [?] or to the same by some Virtue or means of the within Written Bill of Sale or otherwise Whosoever, Witness my Land and seal this [treaty] [said?] day of September 1787 & in the Twenty Seventh Year of the Reigh of George the third of Great Britain King.

Sign'd Sealed and delivered                                                John Smith [Seal]
in our Presence

Ant. Chars Dodd
William Brown

I john Smith Aforesaid Do Confess, Acknowledge and Agree that this Instrument now annexed to the above mentioned Bill of sale be an Impression of [?] shall be considered as a [fact?] of and [belay?] to said Bill of Sale to all and the same [intials?] and Purpose it had been written on the same sheet of Paper with the [saning] of sale, and [Jols?] hereby Consider it in ever [respect?] to have [?] same meaning [some?] and Virtue as if it had been so written.

                                                                                    John Smith [Seal]

Witness

Arch. Chars Dodd
William Brown

                                   entered 26th Sept 1787
                                                                                A Cuyler Register

[Source: ?, pp. 246-248] Note: Public Archives of Nova Scotia, RG 47, Registry of Deeds, Volume B, pp. 247-252 - Microfilm 17278 - is similar but nevertheless different.

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