Hello, Kathy.

Though over the centuries there have been distinguishing characteristics
associated with these nouns, the word "indenture" in your question is
synonymous with "deed".  In still other contexts, it might be used in place
of the word "contract".

For as many centuries as we have had a legal system, ordinary transfers of
real estate from one to another have required that a "consideration" pass
from or in behalf of the person receiving the land to the person (or that
person's legal representative) conveying that land away.

With rare exception, the law does not give a hoot what that consideration is
or how much it is worth, if anything, so long as the person conveying the
land away is content - satisfied - with the exchenge.

So it is that you can transfer a tract of land to another in consideration
of one raspberry, three toothpicks, love received, or a dead rat, as you
choose, and so long as you are in your right mind and are satisfied with the
bargain, the law will consider the conveyance/transfer as made and concluded
and will not interfere in your transaction.

In your example you quote as follows: the person conveying away the land was
"...fully satisfied and contented and paid thereof...".   There is the
statement that reveals that the seller was happy with the deal and the
agreed consideration , and he can not later come back and say the
consideration he accepted when he made the trade
was inadequate.

Paul Drake JD  www.Drakesbooks.com

 ----- Original Message -----
From: DOC HURT
To: Paul Drake
Sent: Monday, October 17, 2005 3:56 PM
Subject: Fw: [VAFRANKL] Indenture and land grants
----- Original Message -----
From: "Kathy English" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Sunday, October 16, 2005 6:56 PM
Subject: [VAFRANKL] Indenture and land grants


> Can anyone explain the legal terminology starting a document like this:
> "This INDENTURE made this twenty-second day of November in 1754..." which
> goes on to describe the transfer of property from one person to
> another--the one transferring property is "fully satisfied and contented
> and paid thereof..."
>
> Is one to take it that "INDENTURE" refers to an indentured servant, who is
> possibly finishing up his period of servitude and being given his land? Or
> does "INDENTURE" mean something else, entirely?  Would appreciate any help
> with this.  Thank you!
>
> Kathy English
> [log in to unmask]

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