Monday, March 17, 2014

Amanuensis Monday - Post 210: 1860 Deed of Land from Amos Underhill to Delos Underhill in Aurora, Erie County, New York

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 Underhill selling land in Aurora, Erie County, New York to Delos Underhill in 1860 [the left-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 207, Page 62 (accessed in the "New York, Land Records, 1630-1975" collection on https://FamilySearch.org):

62 [stamped]   WARRANTY DEED

1  This Indenture, Made the  Third  day of  April in the year
2  of our Lord one thousand eight hundred and  Sixty BETWEEN  Amos Underhill of the town of Aurora
3  in the County of Erie and State of New York
4  of the first part, and  Delos Underhill of the town of Aurora in the County of Erie and
5  State of New York
6  of the second part, WITNESSETH, That the said party of the first part, for and in consideration of the sum of Seven hundred Dollars
7  good and  Dollars, lawfull  money of the United States of America,
8  to  him  in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, ha s  granted, bargained, sold, re-
9  mised, released, aliened, conveyed and confirmed, and by these presents do es grant, bargain, sell, remise, release, alien, convey and confirm, unto the said
10 party of the second part and to  his  heirs and assigns forever ^{ the equal undivided one half of}  ALL that certain piece or parcel of LAND  situate lying and being
11 in the town of Aurora in the County of Aurora in the County of Erie and
12 State of New York Known and distinguished as the South east part of Lot
13 number twenty one in the ninth township and sixth range of said township.
14 Bounded east by lot number thirteen twenty one chains and seventy-five
15 links. South by lot number twenty, twenty-nine chains and eighty-three
16 links.  West by a line parallel to the east bounds of said lot number 20
17 one - twentyone chains and seventy-five links. North by land heretofore con-
18 veyed by deed to Bryan Hawley twenty-nine chains and eighty-three links,
19 and containing sixty five ares be the same more or less according to the
20 boundaries as above given.

21 TOGETHER with all and singular the ^Tenements hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions,
22 remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, dower and right of dower,
23 claim and demand whatsover, 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
24 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
25 his  heirs and assigns forever  AND the said  Amos Underhill for himself for his heirs, executors
26 and administrators, do covenant, grant, bargain, and agree to and with the said party of the second part,  his  heirs and assigns, that at the time of the
27 unsealing and delivery of these presents  that he is  well seized of the premises above conveyed as of a good, sure, perfect
28 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
29 the said part 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
30 he  will forever WARRANT AND DEFEND.

31 IN WITNESS WHEREOF, The party of the first part ha s  hereunto set  his  hand and seal the day and year first above written.

32 Signed, Sealed and Delivered in Presence of                                  Amos Underhill  L.S.

33 the word "fifty" in 2nd line from top, and the
34 words "All that certain piece or parcel of land"
35 on the 13th line erased before signature.
36                                 Josiah Emery Jr J.P.

37 STATE OF NEW YORK:  }
38 Erie                      County  }   ss.                         On the  nineteenth  day of  April  186 0, before me the subscriber,
39 appeared  Amos Underhill                                                                        who acknowledged
40 that he executed the within instrument; and I certify that I know the person who made the said acknowledgment to be the individual described in and who executed the said instrument.
41                                                                               Josiah Emery Jr Justice of the Peace

[In the left-hand margin, written vertically]

Recorded, examined and compared with the original, on the  13th  day of  August  186 0.
at 1-1/2 o'clock, A.M.                                                 S.C. Adams   ???   Clerk

The source citation for this deed is:

"New York, Land Records, 1630-1975," Church of Jesus Christ of Latter-Day Saints, FamilySearch (https://familysearch.org : accessed 10 December 2012), digital image of clerk's copy, "Erie County, N.Y. Deeds, 1857-1864, Volumes 206-207," Volume 207, Page 62 (image 348), Amos Underhill to Delos Underhill, 3 April 1860; from FHL US/CAN Microfilm 0,590,111, citing 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, New York before the War of 1812.  This is not the first land that they owned in Erie County, New York. They bought this land in 1834.  Delos Underhill (1834-1864) was the oldest son of their son Cyrus Metcalf Underhill (1804-1841).  

The URL for this post is:  
http://www.geneamusings.com/2014/03/amanuensis-monday-post-210-1860-deed-of.html

Copyright (c) 2014, Randall J. Seaver



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