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301) Tenant of the Freehold of all the Said Lands and Premisses untill one or more good and perfect Recovery or Recoverys may be had against him the Said James Maccubbin of the Said Lands and Premisses And it is Covenanted Granted Concluded and Agreed by and between all the Said Parties to these presents that it shall and may be Lawful for the said Zachariah Hood before the first day of the Provincial Court next ensuing the Date of these premisses to prosecute out of the High Court of Chancery one or more Writ or Writs of Entry Sur Disseisin en le post against the Said James Maccubbin whereby the Said Zachariah Hood shall and may Demand against the Said James Maccubbin all and singular the before mentioned Lands and Premisses with the Appurtenances by such Name or Names, Quantity or Quantities, Quality or Qualities, Numbers or Content of Acres as shall be thought fit and requisite unto which Said Writ or Writs the Said James Maccubbin shall appear in proper person and Shall Vouch over to Warranty the said James Baldwin who shall appear gratis upon the Voucher and shall enter into Warranty, and Shall Vouch over to Warranty the Common Voucher and the Common Voucher shall appear and Imparle and afterwards make default whereby one or more Recovery or Recoverys Judgment or Judgments may be had and given for the said Zachariah Hood for Recovery of the Lands and Premisses aforesaid against the Said James Maccubbin and for the said James Maccubbin to Recover over in Value against the said James Baldwin and for the Said James Baldwin to recover over in Value against the Common Vouchee according to the manner and form of Common Recoveries in such Cases used, And it is further Covenanted granted Concluded agreed and declared by and between all and every the said Parties to these presents and the true intent and Meaning of the Parties to these presents is that from and immediately after the Said Common Recovery or Recoveries shall be had prosecuted (and) |
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