Monday, August 27, 2018

Amanuensis Monday - Post 443: 1846 Land Deed of David Auble in Sussex County, New Jersey

This week's document for Amanuensis Monday is the 1846 deed of David Auble selling land in Sussex County, New Jersey to David L. Foster:

[Volume E4, page 333]


[Volume E4, page 334]



The transcription of the deed is:


[Volume E4, page 333, starts in middle of right-hand page]

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

This Indenture made the seventeenth
day of January in the year of our Lord eighteen 
hundred and forty six Between David Auble
and Sarah his wife of the township of Newton 
in the County of Sussex and State of New Jersey of the first part and David 
L. Foster of the township of Newton in the County of Sussex and state of New 
Jersey of the second part Witnesseth that the said party of the first part for and for and
in consideration of the sum of one hundred and fifty five Dollars good and 
lawful money of the United States to them in hand well and truly paid by the 
said  party of the econd part at and before the sealing and delivery of these pres-
ents the receipt whereof is hereby acknowledged and the said  party of the first
part therewith fully satisfied contented and paid have granted bargained and 
sold aliened, enfeoffed conveyed and confirmed and by these presents do
grant bargain sell alien enfeoff convey and confirm to the said party of
the second part and to his heirs and assigns forever all the equal undivided
one half part of that tract or parcel of Land and premises hereinafter par-
ticularly described situate 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 at
a stake by a Cherry tree a corner of David Thompsons house lot and the 
South corner of Azariah Drake's Hill lot and also the north corner of a lot of 
David L. Foster's and runs thence (1) South forty seven degrees and forty five 
minutes West four chains and Eighty five links to William Beaches 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 Beaches lot thence (3) 

[Volume E4, page 334, continued on top of left-hand page]

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 
Containing 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 Fos-
ters lot on the side of the same adjoining David Thompson's lot, It being the same lot of 
four Acres conveyed to 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 in Book V.3. Of Deeds Folio 258 &c. Being the same lot of land conveyed
to the said David L. Foster and David Auble by Nathan Drake and wife by Deed
dated the 30th day of April 1844 and Recorded in Sussex County Clerk's Office in Book
C.4 of deeds page 370. &c.  Together with all and Singular the profits privileges and 
advantages with the appurtenances to the same belonging or in any wise appertain-
ing also all the estate right title interest property claim and demand whatsoever 
of the said party of the first part of in and to the same and of in and to every 
part and parcel thereof. To have and to hold all and Singular the equal undivided 
one half part of the above described tract or lot of land and premises with the appur
unto the said party of the second part  their heirs and assigns to the only proper use ben-
efit and behoof of the said party of the second part his heirs and assigns forever. 
And the said David Auble doth for himself his heirs executors and administrators 
covenant and grant to and with the said party of the second part his heirs 
and assigns that he the said party of the first part hath not done caused
Suffered or procured to be done any act matter or thing whereby the Title of the
said party of the second part of in and to the equal undivided one half part
of the above bounded and described land and premises or any part thereof
can or may be changed charged altered or defeated in any way whatsoever.
In Witness whereof the said party of the first part have hereunto set their hands &
Seals the day and year first above written.                      David Auble {seal}
Signed Sealed and delivered in the presence of              Sarah G. Auble {seal}
David Thompson

State of New Jersey Sussex County Ss. Be it Remembered that on this seventeenth day
of January A D Eighteen hundred and forty six the within named David Auble &
Sarah his wife appeared before me David Thompson one of the masters of the Court
of Chancery of the said State and acknowledged that they signed & Sealed the within
Deed of conveyance and as their voluntary act and deed delivered the same for
the uses and purposes therein expressed.  The contents thereof having been first made
 known to them by me and I being Satisfied they are the grantors therein named
And the said Sarah on a private examination 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 of her husband.
                                                                                      David Thompson
Ex^d Received and Recorded February 3^d  1846 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 E4, 1843-1844, pages 3333-334, deed of Dabid Auble and wife to David L. Foster, dated 17 January 1846, recorded 3 February 1846; Original deed in Sussex County Courthouse, Newton, N.J., also on FHL US/CAN microfilm 959,959.

With this deed, David and Sarah Auble sold their one-half interest in the 4 acre tract of land in Newton township, Sussex County, New Jersey for 155 dollars lawful money of the United States to David L. Foster.

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 David Thompson, Azariah Drake, David L. Foster and William Beach 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). 



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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-443-1846-land.html

Copyright (c) 2018, Randall J. Seaver


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