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shewing is still outstanding against him. They My answer is I do
not know. Upon the supposition that the parties in question were
ready (as he assured me they were) to vacate the judgement it wou'd
not be material: and I had so catechized him already, that I could
not bear to put a question to him which would seem I thought to
be tray
my mistrust of him. The whole together was a part so disagreable
and so new to me to act in that I stammer'd and look'd foolish
I dare say, as if I had been the catechized instead of the catechizer.
I have got the mortgage Deed such as it is. Now I will tell you in
what respects it is defective.
1st It does not comprise the Land: only the House, This shews
he had a view of selling the Land without being obliged at all event
to pay Mrs A. with the money. I told him this was not a performance
of the Agreement. He acknowledged it. But said he thought
it not necessary to include the Land as it was to be sold so soon.
I told him that if Mrs A. chose to accept of so much of her money
of which there could be no doubt, it would not be the less in his power
to sell the Land by her having the Mortgage on it: that it remained
at present a matter of uncertainty whether 'a purchaser would be
found or no: and in the mean time it was highly proper that Mrs
A. should be secured at all events in pursuance of the agreement.
All this he could not but acknowledge; and he promised it should be
done accordingly.
2ly. The Deed was false dated. It was dated as if executed the same
day with the Agreement. I observed to him this would not do: because
if it should ever come into question into in a Court of Justice, the execution
of the deed must be proved: and then the true date wou'd come out,
unless the witnesses perjured themselves. I made it appear to him that
to speak the truth was not only the honestest way but the safest.
3dly The mortgage instead of being made to Mrs A. and her heirs &
Assigns for ever, was made only to her her Heirs & Assignees for 1000
years. You may could naturally imagine this could make no difference
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Identifier: | JB/538/105/002 "JB/" can not be assigned to a declared number type with value 538.
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1777-??-?? |
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538 |
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105 |
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002 |
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Correspondence |
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Jeremy Bentham |
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