Monday, April 14, 2014

Amanuensis Monday - Post 214: 1832 Deed of Oren and Nancy Treat to James Vaux in Erie county, New York

Genea-blogger John Newmark (who writes the excellent TransylvanianDutch blog) started a Monday blog theme years ago called "Amanuensis Monday."  John offers this definition for "amanuensis:" 

"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]

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:

"New York, Land Records, 1630-1975," Church of Jesus Christ of Latter-Day Saints, FamilySearch ( : accessed 2 February 2013), digital images, "Erie County, New York Deeds, 1841-1842, Volumes 66-67," Volume 67, Pages 19-21 (images 543 and 544 of 797), James Vaux deed in Aurora, N.Y. from Oren and Nancy Treat, 1832.

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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