DRO 53/6 Box 38/25 (transcribed from copy)
This Indenture Tripartite made the seventh day of September in the sixteenth year of the reign of our Sovereign Lord George the third by the grace of God of Great Britain France and Ireland King Defender of the Faith and soforth and in the year of our Lord one thousand and seven hundred and seventy six Between Robert Clapp of Lympston in the County of Devon Gentleman of the first part Thomas Bass of Bitton within the parish of West Teignmouth in the said County of Devon Shipwright of the second part and Joseph Richards of Lympston aforesaid mariner of the third part
Witnesseth that for and in consideration of the sum of five shillings to him the said Robert Clapp in hand paid by the said Joseph Richards and also in consideration of the sum of sixty pounds of lawful money of Great Britain to him the said Thomas Bass in hand also paid by the said Joseph Richards at and before the Sealing and Delivery hereof the receipts whereof are hereby acknowledged and the receipt for the said sum of sixty pounds is hereon endorsed The said Robert Clapp (at the special instance and request and by and with the direction and appointment of the said Thomas Bass testified by his being a party hereto and expecting hereof) Hath bargained sold aliened released and conveyed and by these presents Doth bargain sole alien release and convey And the said Thomas Bass Hath granted bargained sold aliened released directed limitted appointed and confirmed and by these presents Doth grant bargain sole alien release direct limit appoint and confirm unto the said Joseph Richards (in his actual possession now being by virtue of a Bargain and Sale to him thereof made by the said Robert Clapp and Thomas Bass for one whole year by Indenture bearing the date the day next before the day of the date hereof and executed before the execution of these presents and by force of the Statute for transferring uses into possession) his heirs and assigns
All that Messuage and Dwelling House with the two small garden plots thereto belonging Situate lying and being in Lympston aforesaid late in the possession of Andrew Lock as Tenant thereof
Together with all Outhouses Edifices Buildings ways paths passages [L?]oaters lights Easments profits priviledges Commodities Hereditaments and appurtenances to the said Messuage or Dwelling House and premises belonging or in any wise appertaining or accepted reputed taken known used occupied or enjoyed to or with the same as part parcel or member thereof
And the reversion & reversions remainder and remainders rents and services thereto and of every part thereof and all the Estate right Tithe Interest use Trust property claim and demand whatsoever of them the said Robert Clapp and Thomas Bass respectively of in and to the same premises and every part thereof and also Deeds Evidences and Writings whatsoever touching or concerning the said premises only or only any part thereof Together with true copies of all other Deeds Evidences and Writings which do concern the said premises or any part thereof jointly with any other Lands or Tenements now in the hands custody or power of the said Robert Clapp or Thomas Bass or either of them or which they or either of them can or may come at or by without suit in Law or Equity such copies to be written out and transcribed at the request costs and charges of the said Joseph Richards his Heirs or assigns
To Have and To Hold the said Messuage or Dwelling House Gardens & premises hereby [panted?] released appointed and confirmed or intended to be with their and every and every of their appurtenances unto the said Joseph Richards his Heirs and Assigns for ever To the only absolute use and behoof of the said Joseph Richards His heirs and Assigns for evermore
And the said Robert Clapp doth hereby for himself his heirs and Assigns covenant promise and agree to and with the said Joseph Richards his Heirs and Assigns That he the said Robert Clapp hath not at any time or times heretofore made done or committed any Act Matter or Thing whatsoever whereby or wherewith or by reason means or occasion whereof the Premises hereby granted released and appointed are is can shall or may be anywise impeached charged or incumbered in Title Charge Estate or otherwise howsoever
And the said Thomas Bass doth hereby for himself his Heirs and Assigns covenant promise and agree to and with the said Joseph Richards his Heirs and Assigns That (for and notwithstanding any Act Matter or Thing whatsoever done committed or suffered by the said Robert Clap and Thomas Bass or either of them to the contrary thereof) they the said Robert Clapp and Thomas Bass now are and stand or one of them now is and standeth lawfully and rightfully seised of a good Estate of Inheritance in Fee Simple of and is in the said Premises hereby granted released and appointed without any manner of condition Power of Revocation Limitation of any Use or Uses or other Matter cause or thing to alter change charge or determine the same And now have or hath in himself or themselves good right full power and lawfull authority to grant release and appoint the aforesaid Messuage or Dwelling House and Premises with the Appurtenances unto and to the Use of the said Joseph Richards his Heirs and Assigns for ever in manner and formaforesaid according to the true Intent & meaning of these Presents
And Also that (for and notwithstanding any such Act Matter or Thing done or committed as aforesaid) it shall and may be lawful to and for the said Joseph Richards his Heirs and Assigns peaceably and quietly to enter into have hold and enjoy the Premises hereby granted released & appointed or intended to be with the Appurts
And to receive and take the Rents Issues and Profits thereof to his and their own use without the let suit Trouble [Ob?]jection or Denial of the said Thomas Bass his Heirs and Assigns or of any other Person or Persons whomsoever lawfully claiming or to claim by from or under or In Trust for him them any or either of them
And further that the said Messuage or Dwelling house Gardens and [???]es hereby granted released and appointed with the Appurtenances now are and be [.......] from time to time and at all times hereafter shall remain continue and be free and clear of and from all former and other Gifts Grants Bargains Sales Leases Mortgages Jointures Uses Trusts Dowers Wills Intails Judgments Extents Executions Burthens Charges and Incumbrances whatsoever had made done committed occasioned or suffered or to be made done committed occasioned or suffered by the said Thomas Bass his Heirs or Assigns or by any other Person or Persons whomsoever lawfully claiming or to claim by from or under or in Trust for him them or any of them or by his their or any of their Acts Means assent Consent or Procurement
And moreover that the said Thomas Bass his Heirs and Assigns and all other Persons having or lawfully claiming or who shall or may have or lawfully claim the said Premises hereby granted and released and appointed or any part thereof shall and will at any time hereafter at the request costs and Charges of the said Joseph Richards his Heirs or Assigns make do and execute or cause or procure to be made done and executed all and every such further and other Conveyances and Assurances thereof unto and to the use of the said Joseph Richards his Heirs and Assigns for ever as by the said Joseph Richards his Heirs or Assigns or his or their Counsel learned in the Law shall be seasonably devised or advised and required
In Witness whereof the said Parties to these Presents their hands and Seals have hereunto set the day and Year first above written
Robert Clapp
(Indorsed) Thomas Bass Sealed and delivered by the within named Robert Clapp and Thomas Bass in the presence of us
Joan Edwards
William Pannell
Received the day and year first written of and from the within named Joseph Richards the within mentioned sum of sixty pounds being the full consideration money within expressed to
be paid by him unto me - Witness £60
Witneses hereto
Joan Edwards
William Pannell Thomas Bass