Monday, August 20, 2018

Amanuensis Monday - Post 442: 1844 Land Deed of David Auble in Sussex County, New Jersey

This week's document for Amanuensis Monday is the 1844 deed of Nathan Drake selling land in Sussex County, New Jersey to David L. Foster and David Auble:


The transcription of the deed is:

[Volume C4, page 370]

Nathan Drake & wife | 
                to                   |
David L. Foster &       | 
David Auble                

This Indenture made the Thirtieth day of April
in the year of our Lord eighteen hundred and forty four
Between Nathan Drake and Rebecca his wife of the
township of Newton in the County of Sussex and State
of New Jersey of the one part and David L. Foster &
David Auble of the township of Newton in the County of Sussex and state of New Jersey
of the other part Witnesseth that the said Nathan Drake and Rebecca his wife for
and in consideration of the sum of Three Hundred and Ten Dollars good and law-
ful money of the United States to them in hand well and truly paid by the said
David L. Foster and David Auble at and before the sealing and delivery of these pres-
ents the receipt whereof is hereby acknowledged and the said Nathan Drake and
Rebecca his wife therewith fully satisfied contented and paid have granted bargain-
ed and sold aliened, enfeoffed conveyed and confirmed to the said David L.
Foster and David Auble and to their heirs and assigns forever all that
tract or parcel of land and premises hereinafter particularly described situ-
ate lying and being in the township of Newton in the County of Sussex and State
of New Jersey aforesaid Butted and Bounded as follows, Beginning
on the high Hill North west of the village of Newton being part of the twenty four
acre lot formerly belonging to Doctor David Ewing at a stake by a Cherry tree a cor-
ner of George Hills Carter House lot (now David Thompson Esquires) and the South corner
of Azariah Drake's hill lot and also the north corner of the lot of Mrs. Hannah
Johnson's dower lot and runs thence (1) South forty seven degrees and forty five min-
utes West four chains and Eighty five links to Joseph Y. Miller's Hill lot thence along
his line (2) North forty three degrees and thirty minutes West Eight chains and
seventy two links to the North corner of said Miller's lot thence (3) North forty six
degrees and thirty minutes East to Azariah Drake's line thence along the same (4)
South forty two degrees and fifteen minutes East to the place of Beginning con-
taining Four acres be the same more or less also the right of way or passage to said
lot for the purpose of cultivating and pasturing the same by and through the said
dower lot on the and of the same adjoining G.H. Mc. Carters
now David Thompson house lot, It being the same lot of ????? four Acres to said
Nathan Drake by Joseph Chandler by Deed dated the thirteenth day of December
AD 1833 and which Deed is on Record in the Clerks office of Sussex County New Jersey
in Book V.3. Of Deeds Folio Two hundred and fifty three &c. Together with all and
Singular The profits privileges and advantages with the appurtenances to the
same belonging or in any wise appertaining also all the estate right into
interest property claim and demand whatsoever of the said Nathan Drake
and Rebecca his wife of in and to the same and of in and to every part and
parcel thereof To have an to hold all and Singular the above described
tract or lot lot of land and premises with the appurtenances unto the said

[Volume C4, page 371]

David L. Foster and David Auble their heirs and assigns to the only proper use benefit and
behoof of the said David L. Foster & David Auble their heirs and assigns forever. And the said
Nathan Drake doth for himself his heirs executors and administrators covenant and grant to
and with the said David L. Foster and David Auble their heirs and assigns that he the said
Nathan Drake and Rebecca his wife are the true lawful and right owners of all and sing-
gular the above described land and premise and of every part and parcel thereof and
are now lawfully seized and possessed of the same as a good perfect and absolute estate
of inheritance in fee simple and that the same land and premises or any part there-
of at the time of the sealing and delivery of these presents are not incumbered by any
mortgage judgment dower recognizance and or limitation or gby any incumbrance what-
soever by which the title of the said David L. Foster and David Auble hereby made
or intended to be made for the said Lot of land and premises can or may be changed
charged altered or defeated in any way whatever. And also that the said Nathan Drake
and Rebecca his wife now have good rightfull power and lawful authority to grant
bargain sell and convey the said land and premises in manner aforesaid. Also they
will Warrant secure and forever defend the said land and Premises unto the said
David L. Foster and David Auble their heirs and assigns forever against the law-
ful claims and demands of all and every person and persons freely and clear-
ly paid and discharged and from all manner of incumbrances whatsoever.
In Witness whereof the said Nathan Drake and Rebecca his wife have hereunto set
their hands and seals the day and year first above written.
Signed Sealed and delivered in the presence of Nathan Drake {seal}
Thos. McIntire Rebecca Drake {seal}

State of New Jersey Sussex County to wit Be it Remembered that on this fourth day
of May in the year of Our Lord one thousand eight hundred and forty four
before me Samuel Rorbach one of the Judges of the inferior Court of Common
Pleas of the said County Personally appeared Nathan Drake & Rebecca Drake
his wife who ware Join satisfied the grantors mentioned in the foregoing deed and
the contents thereof being by me first made known unto them they did thereupon
acknowledge that they signed sealed and delivered the same as their voluntary
act and deed and the said Rebecca Drake wife of the said Nathan Drake
in a private Examination Separate and apart from her said husband did
acknowledge that she signed sealed and delivered the same as her voluntary
act and deed freely without any fear threats or compulsion from her said hus-
band Saml Rorbach
Ex^d Received and Recorded May 6th 1844 Hall clerk

The source citation for the deed sale to David L. Foster and David Auble is:

"Deeds, 1785-1901; Index, 1785-1930 [Sussex County, New Jersey]," digital images, Church of Jesus Christ of Latter-day Saints, FamilySearch (https://www.FamilySearch.org : accessed 19 August 2018), Land deeds, Volume C4, 1843-1844, pages 370-371, deed of Nathan Drake to David L. Foster and David Auble, dated 30 April 1844, recorded 6 May 1844; Original deed in Sussex County Courthouse, Newton, N.J., also on FHL US/CAN microfilm 959,958.

With this deed, David L. Foster and David Auble bought a 4 acre tract of land in Newton township, Sussex County, New Jersey for 310 dollars lawful money of the United States from Nathan and Rebecca Drake.  

The land seems to be in a diamond shape (the bounds are all at a 45 degree angle), about 5 chains (330 feet) wide and about 9 chains (590 feet) long, with neighbors of Joseph Miller, Azariah Drake and DavidThompson on a hill northwest of the village of Newton.

David Auble formed a partnership in 1838 with David L. Foster as shoemakers in Newton, New Jersey.  David Foster married in 1839 to Hannah Maria Knapp, whose sister, Sarah G. Knapp married David Auble in about 1844.  So David Foster and David Auble were brothers-in-law.  

David (1817-1894) and Sarah G. (Knapp) Auble (1818-1904) are my second great-grandparents.  They moved to Newark, New Jersey in about 1846, and then to Terre Haute, Indiana in about 1865.  They had six children, including my great-grandfather, Charles Auble (1849-1916). 

==============================================

NOTE:  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 URL for this post is:  https://www.geneamusings.com/2018/08/amanuensis-monday-post-442-1844-land.html

Copyright (c) 2018, Randall J. Seaver


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