Monday, March 3, 2014

Amanuensis Monday - Post 208: 1836 Deed of Amos and Mary Underhill to Lorin Philips

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 Amos and Mary Underhill selling land in Aurora, Erie County, New York to Lorin Philips in 1836 [the right-hand deed record on the image below]:

Here is my transcription of this entry (handwritten portions in italics) in Erie County, New York, Land Records, Liber 36, Page 175 (accessed in the "New York, Land Records, 1630-1975" collection on

1  This Indenture, Made the nineteenth day of February in the year of our Lord one 

2  thousand eight hundred and thirty- six Between Amos Underhill and Mary his
3  wife of Aurora 
4  of the first part, and Lorin Philips of the same place
5  of the second part, Witnesseth, that the said party of the first part, for and in consideration of the sum of Four hundred and 
6 fifty Dollars dollars lawful money of the United States of America, 
7  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, 
8  remised, released, aliened, and confirmed, and by these presents do grant, bargain, sell, remise, release, alien, and confirm, unto the said party of the second 
9  part, and to his heirs and assigns forever, 

10 All that certain Piece or Parcel of LandSituate in the town of Aurora County of Erie
11  and State of New York, being a Part of lot number 12 in said town
12 bounded as follows viz:  beginning at the northeast corner of said lot and
13 running southwesterly along the margin of the highway about five chains and
14 seventy five links to the margin of the highway running northwesterly thence
15 about four chains and fifteen links along that Margin of said highway to the
16 north line of said lot.  Thence eeast along said Line about seven chains to the
17 place of beginning, containing about one acre and thirty one rods of land
18 be the same more or less, according to the plan laid down in the Margin hereof.

19 Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining; and the reversion and reversions, 
20 remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim, or 
21 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 
22 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 
23 his heirs and assigns forever.  
24 And the said party of the first part, for themselves and their heirs, executors and administrators, do covenant, grant, 
25 bargain and agree to and with, the said party of the second part his heirs and assigns, that at the time of the ensealing and delivery of these 
26 presents, he is well seized of the premises above conveyed, as of a good, sure, perfect, absolute, and indefeasible estate of 
27 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,
28  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
29 Warrant and Defend.

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

31 Signed, Sealed and Delivered, in Presence of ............................Amos Underhill  L.S.
32...         .........................                        .....................................Mary Underhill  L.S.
33 State of New York }
34 Erie County           } S.S.

35 On this 19th day of February 1836, came before me Amos
36 Underhill and Mary his wife known unto me to be the same persons des-
37 cribed in, and who Executed the within deed and severally acknowledged 
38 they executed the same for the uses and purposes therein mentioned. And the
39 said Mary on a private examination by me separate and apart from her 
40 husband, acknowledged she executed the same freely and voluntarily with
41 out any fear or compulsion from her said husband.  
42..............................    .................................. L F Jonathan Hoyt, 
43                                                                      One of the Judges of Erie Co. Com. Pleas[in left margin]
Recorded, examined and compared with the Original 22d February A.D. 183 6, at  11 1/2  o'clock A.M. ..................................Horace Clark Clerk.

The source citation for this deed is:

"New York, Land Records, 1630-1975," Church of Jesus Christ of Latter-Day Saints, FamilySearch ( : accessed 10 December 2012), digital image of clerk's copy, "Erie County, N.Y. Deeds, 1836, Volume 36-37," Volume 36, Page 175 (image 91), Amos Underhill to Loren Philips, 19 February 1836; from FHL US/CAN Microfilm 590026, original records at Erie County, N.Y. courthouse, Buffalo, N.Y.

Amos and Mary (Metcalf) Underhill are my fourth great-grandparents.  They came to Erie county before the War of 1812.  This is not the first land that they owned in Erie County, New York.

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Copyright (c) 2014, Randall J. Seaver

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