Monday, March 4, 2013

Amanuensis Monday - 1845 Deed of Seth Sprague to Samuel Vaux in Aurora, N.Y.

Genea-blogger John Newmark (who writes the excellent TransylvanianDutch blog) started his own Monday blog theme many months ago called Amanuensis Monday. What does "amanuensis" mean? John offers this definition:  

"A person employed to write what another dictates or to copy what has been written by another."  

The subject today is the deed by Samuel Vaux buying land in Aurora, Erie County, New York from Seth Sprague in 1845.


Here is my transcription of this entry (handwritten portions in italics) in Erie County, New York, Land Records 1844-1850, Liber 78, Page 396 (accessed in the "New York, Land Records, 1630-1975" collection on https://FamilySearch.org):

WARRANTY DEED                22 Aurora 

This Indenture, Made the Twenty ninth day of March  in the year of our Lord one thousand eight hundred and forty five between Seth Sprague of the town of Aurora & County of Erie and Lucy his wife  of the first part, and 
Samuel Vaux of the same place of the second part, Witnesseth, That the said party of the first part, for and in consideration of the sum of Seven hundred and ninety five Dollars lawful money of the United States of America, to them in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold, remised, released, aliened, conveyed and confirmed, and by these presents do grant, bargain, sell, remise, release, alien, and confirm, unto the said party of the second part, and to his heirs and assigns forever, all that certain piece or parcel of land
Situate lying and being in the town of Aurora aforesaid County of Erie and State of New York.  Being fifty three acres of land off from the South West corner of Lot Number twenty two Known as the Sprague farm and being the same premises that were occupied for the last ten years. Bounded North by land heretofore owned by Lawrence Woodruff, West by the highway, South by the highway, East by lands owned by Hezekiah Mosher, and for a more particular description reference is made to the deed of the said Seth Sprague from William Taber recorded in the clerk's office of the County of Erie.

Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, dower, right, title, interest, claim, or demand whatsoever, of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the said hereditaments and appurtenances, To Have and To Hold, the said premises as above described, with the appurtenances, unto the said party of the second part, and to his heirs and assigns forever.  And the said ........ heirs, executors and administrators, do covenant grant, bargain and agree, to and with the said party of the second part heirs and assigns, that at the time of the unsealing and delivery of these presents, of the premises above conveyed, well seized of the premises above conveyed, as of a good
, sure, perfect, absolute, and indefeasible estate of inheritance in the law in fee simple 
And that the above bargained premises in the quiet and peaceable possession of the said party of the second part his heirs and assigns against all and every person or persons, lawfully claiming or to claim the whole or any part thereof they will forever WARRANT AND DEFEND.

In Witness Whereof, the party of the first part have hereunto set their hands and seals the day and year first above written.

Signed, Sealed and Delivered, in Presence of ............................... Seth X Sprague  L.S.
..........................L F Carver........................................................... Lucy Sprague L.S.

Erie County. On this 29th day of March 1845, Seth Sprague & Lucy Sprague his wife to me known to be the grantors in the within deed came before me and severally acknowledged that they 

 had severally executed the same within deed, and the said Lucy on a private examination, separate & apart from her husband, acknowledged that she executed the said deed freely without any fear or compulsion of her husband.  
..................................................................... L F L F Carver, Justice 

[in left margin]
Recorded, Examined and Compared with the Original April 10th 1845
at 11 1/2 o'clock A.M. ..................................Manly Collins Clerk.

Samuel and Mary Ann Vaux are my third great-grandparents.  They came with Samuel's family to Erie county in the 1830s.  This is the first land that they owned in Erie County, New York.

The URL for this post is:  http://www.geneamusings.com/2013/03/amanuensis-monday-1845-deed-of-seth.html

Copyright (c) 2013, Randall J. Seaver

1 comment:

theshygenealogist said...

Randy, can you explain what "unsealing and delivery" means in land records? Thanks!