"A person employed to write what another dictates or to copy what has been written by another."
The subject today is a land deed in Erie County, New York dated 15 November 1832, recorded on 31 March 1842, transferring 25 acres in one parcel in Erie County for $336.50 paid by James Vaux to Oren and Nancy Treat.
The transcription of this document is (with handwritten portions in italics):
[page 19]
Deed
1 Oren Treat & Nancy his
wife To
James Vaux
2 This
indenture made the fifteenth day of November in the year of our
3 Lord one
thousand eight hundred and thirty two, between Oren Treat
4 of the
township of Aurora in the County of Erie in the State of New
5 York, and
Nancy Treat his wife of the first part and James Vaux of
6 the same
place of the second part. Witnesseth, that the said party of
7 the first
part for and in consideration of the sum of three hundred
8 thirty six
dollars fifty cents lawful money of the United States of
9 America to
them in hand paid by the said party of the second part
10 the receipt
whereof is hereby confessed and acknowledged have granted
11 bargained
sold aliened remised released enfeoffed ad confirmed and
12 by these
presents do grant bargain sell alien remise release enfeoff
13 and confirm
unto the said party of the second part and to his
14 heirs and
assigns forever.
15 All that
certain tract of land situate lying and being in the
16 County of
Erie aforesaid being part or parcel of a certain town-
17 ship which on
a map or survey of divers tracts or townships of
18 land of the
Holland Land company made for the proprietors by
19 Joseph
Ellicott surveyor is distinguished by township number nine
20 in the sixth
range of said townships and which said tract of land
21 on a certain
other map or survey of said townships into lots
22 made for the
said proprietors by the said Joseph Ellicott is dis-
23 tinguished by
part of lot number twenty seven in said township.
24 Bounded east
by the east line of land conveyed to the said party
25 of the first
part by the said Holland Land Company by their
26 several
deeds, forty three chains seventy nine links, south by
27 the south
bounds of said land so conveyed by the said Company
28 as aforesaid
five chains seventy –- links, west by a line parallel
[page 20]
29 to the first
mentioned boundary forty three chains eighty nine
30 links, and
north by lot number twenty eight five chains seventy
31 links,
containing twenty five acres be the same more or less.
32 Together with
all and singular the hereditaments and appurtenances
33 thereunto
belonging or in any wise appertaining and the reversion and
34 reversions
remainder and remainders rents issues and profits thereof.
35 And all the
estate right title interest claim and demand whatsoever
36 of the said
party of the first part either in law or equity of in
37 and to the
above bargained premises with the said hereditaments
38 and
appurtenances.
39 To have and
to hold the said hereby granted above mentioned and
40 described
premises with the appurtenances and every part and par-
41 cel thereof
to the said party of the second part his heirs and assigns
42 to the sole
and only proper use benefit and behoof of the said party
43 of the second
part the heirs and assigns forever.
44 And the said
party of the first part for themselves their heirs
45 executors and
administrators do covenant grant bargain and
46 agree to and
with the said party of the second part his heirs
47 and assigns
that at the time of the ensealing and delivery of
48 these
presents they were well seized of the premises above described
49 as of a good
sure perfect and indefensible estate of inheritance
50 in the law in
fee simple and have good right full power and
51 lawful
authority to grant bargain sell and convey the same
52 in manner and
form abovesaid.
53 And that the
said premises and every part thereof are free clear
54 discharged
and unincumbered of and from all former and
55 other grants
titles charges estates judgments decrees taxes assess-
56 ments and
incumbrances of what nature and kind soever.
57 And the said
party of the first part for themselves their heirs
58 executors and
administrators do covenant grant bargain promise
59 and agree to
and with the said party of the second part his heirs
60 and assigns
to warrant and forever to defend the above bar-
61 gained
premises and every part and parcel thereof now being
62 in the quiet
and peacable possession of the said party of the
63 second part
against the said party of the first part their heirs
64 executors
administrators and assigns and against all and
65 every other
person or persons claiming or to claim the said
66 premises or
any part thereof.
67 In witness
whereof the party of the first part have hereunto set
68 their hands
and seals the day and year first above written,.
69 Sealed and
delivered in the presence of
70 G.W. Johnson
to the signature of Oren Treat L.S.
71 Oren Treat,
James Enos Nancy Treat
L.S.
72 State of New
York }
73 Erie County
} Be it remembered that on this twenty
74 second day of November in the year
of our
75 Lord on
thousand eight hundred and thirty two personally came
76 before me
James Enos one of Commissioners of Erie County to
77 take the
acknowledgment of deeds, Oren Treat and Nancy his
78 wife to me
known to be the persons described in the
79 within deed,
and they acknowledged that they signed seal-
80 ed and
executed the within for the uses and purposes there-
81 in contained.
And I having examined the said Nancy sep-
82 arate and
apart from her said husband and she acknowledg-
83 ed that she
signed sealed and executed the same without
84 the fear or
compulsion of her said husband and I have
[page 21]
85 examined the
within to allow the same to be recorded.
86 James Enos
87 Commissioner
88 Record
examined and compared with the
89 original
March 31 1842 at 12-1/2 o'clock M.
90 Noah P. Sprague Clerk.
The source citation for this record is:
The original records in the Erie County, N.Y. County Clerk's Office, which are on 907 rolls of FHL Microfilm; the specific deed is on FHL microfilm US/CAN 590,041, and online here.
This is the second land record found for my 4th great-grandfather James Vaux (1787-1839) in New York, who emigrated from Somersetshire in England to New York State in about 1830 with his wife and family.
The URL for this post is:
Copyright (c) 2014, Randall J. Seaver
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