Mortgage Francis Garrigues & wife to George Emlen

Date: 18 Nov 1747 to 20 Nov 1747
Location: Philadelphia, Philadelphia, Pennsylvania
Surnames/tags: Garrigues Emlen

[ Transcribed from microfilm of records held by the City of Philadelphia. there are certainly errors herein ]

This indenture made the eighteenth day of November in the year of our Lord one thousand seven hundred & forty seven between Francis Garrigues of Wiccacoe Township in the County of Philadelphia Carpenter & Mary his wife late Mary Knowles she being one of the daughters of Christopher Swenson late of Wiccacoe Township af’d Yeoman diced of the one part and George Emlen of the City of Philadelphia Brewer of the other part Whereas in deed why a certain indenture bearing date ye Sixth Day of December in the year 1744 made between Joseph Knowles of Wiccacoe af’d Cooper who is lately deceased & the said Mary then his wife of ye one part & Joseph Wharton of ye sd City of Philada Cooper of ye other part then the said Joseph Knowles & Mary his wife for ye consideration of ye payment of the Rent & Performance of the Covenants & Agreements in ye sd index mentioned & reserved which on the Part & Behalf of ye sd Joseph Wharton his heirs & assigns were or ought to be paid & performed did grant release & confirm unto ye said Joseph Wharton a certain lot or piece of ground situate in Wiccacoe afd containing in breadth throughout seventy six feet six inches & in depth two hundred feed Bounded Westward with Front street continued southward from Phlad’a City Northward with land of Charles Cox & Ann his wife Eastward with other Land of the sd Joseph Knowles & Mary his wife & southward with fifteen foot of ground which the said Joseph & Mary had agreed to add to the Swede’s Church Lane to be left open & to make a street as well for the accommodation of the Premises as for other grounds adjacent & for Publick use for ever the street to extend from Second street continu'd unto ye river Delaware Together with all & singular ye hereditaments & appurtenances thereunto belonging & the reversions & remainders thereof to hold to him the sd Joseph Wharton his heirs & assigns for ever subject to a proportionable part of ye Quit Rent thenceforth accruing to ye proprietary or Chief Lord or Lords of ye ffer thereof and Paying unto ye said Joseph Knowles & Mary his wife their heirs & assigns the yearly Rent of Eight Pounds eighteen shillings & six pence lawful money of Pennsylvania on every twenty fifth day of March yearly forever in which indenture and contained clauses of Entry & Distress for non payment of ye same Rent & of Reentry for want of distress & a covenant for payment of ye same Rent as in and by the sd indenture (among diverse other covenants & clauses therein contained) relating being thereunto had more at large appears And whereas the said Francis Garrigues in and by a certain obligation or writing obligatory under his hand & seal bearing even date herewith standeth bound unto ye said George Emlen his the sum of one hundred and twenty pounds lawful money of Pennsylvania conditioned for ye payment of Sixty Pounds lawful money aforesd on the eighteenth day of November which will be in the year of our Lord one thousand seven hundred & forty eight together with lawful interest for ye same as by the said recited obligation & condition thereof relation being thereunto had more at large appears for this indenture

Witnesseth that the said Francis Garrigues & Mary his wife for and in consideration of the aforesd debt or sum of Sixty Pounds & for the better securing the Payment thereof with its interest unto ye said George Emlen his Executors Admin & assigns in discharging of the sd recited obligation and for and in consideration of the further sum of five shillings unto them ye said Francis Garrigues and Mary his wife paid by the sd George Emlen at and before the sealing & delivery hereof the receipt whereof is hereby acknowledged have granted bargained wed assigned and set over and by these presents do grant bargain sell assign and set over unto ye sd George Emlen and to his heirs & assigns all that the af’d yearly rent of Eight Pounds eighteen Shillings & six pence reserved by the sd recited indenture and ye same shall hereafter grow due & payable and all the ways means & remedies for ye necessary share of which they ye said Francis Garrigues & Mary his wife or either of

them or the heirs of the said Mary have or may or can have air take by virtue of the same indenture or otherwise to have held and yearly to receive take & enjoy the said yearly Rent of Eight Pounds eighteen Shill’s & six pence and all other the Preises hereby granted & assigned or mentioned so to be unto eye said George Emlen his heirs & assigns to the only proper use & behoof of the said George Emlen his heirs & assigns forever Provided always nevertheless that if ye said Francis Garrigues his heirs executors administrators or assigns shall & do will & truely pay or cause to be paid unto the said George Emlen his executors admins or assigns the aforesaid Debt or Sum of sixty Pounds and the Day or Time herein before mentioned & appointed for payment thereof together with lawful interest for ye same according tot he condition of the sd recited obligation without any fraud or further Delay & without any Desalcation or abatement to be made of any thing for or in respect of any taxes charged or assessments whatsoever that then & from thenceforth as well this present indenture and the estate hereby granted as ye said recited obligation shall become void any thing herein before contained to ye contrary notwithstanding in witness whereof the said Parties to these presents have interchangeably set their hands & seals hereunto

Dated the day & year first above written

Francis Garrigues {seal}

Mary {her mark} Garrigues

Sealed & Delivered In the presense of us

Sept Robinson

William Allen

The twentieth day of November 1747 before me Septimus Robinson Esq one of the justices tea came the above named Francis Garrigues & Mary his wife and acknowledged ye above written indenture to be their deed and desired the same may be recorded as their Deed the said Mary thereunto voluntarily consenting she being of ullage secretly & part examined & ye contents of ye said writing distinctly read unto her witness my hand and seal ye day & year above said

Sept. Robinson {seal}