Monday, July 15, 2019

Amanuensis Monday -- 1810 Mortgage Deed of Nathan Gates to Jonathan Osgood in Gardner, Massachusetts

This week's document for Amanuensis Monday is the 1810 mortgage deed of  Nathan Gates selling land to Jonathan Osgood in Gardner, Massachusetts in the Worcester County, Massachusetts Land Records: 

[Volume 176, pages 546-547]

[Volume 176, pages 548-549]

The transcription of this deed is:

[page 546, near bottom of page]


[in left margin]

Gates Nathan

         to 
Jon^a Osgood

[body of text]


Know all men by these presents that I Nathan Gates of Gardner
in the County of Worcester & Commonwealth of Massachusetts Yeoman in consideration of three
hundred seventy five Dollars paid me by Jonathan Osgood of Gardner aforesaid Clerk the
receipt whereof I do hereby acknowledge do hereby give grant sell and convey unto the said
Jonathan Osgood his heirs & assigns a certain tract of land lying and being in the Southeasterly part
of the Town of Gardner aforesaid containing fifty acres be the same more or less and is bounded
as follows (viz) begining at a heap of stones thence south 20° East twenty rods to a heap of stones

[page 547]

thence runnig west 39 rods and a quarter to a heap of stones thence south Eighteen de-
grees west 43 rods and a half to a heap of stones thence south 72 degrees west fifty rods to a
Spruce tree thence north 18 degrees west 90 rods to a beach tree northwesterly seventy three rods to a heap
of stones thence runing north 18 degrees west nineteen rods to a hemlock thence north 72
degrees East eighty rods to a stake and stones thence south 18 degrees East 68 rods to a beach
thence north 72 degrees East 10 rods to where it first began and is part of lot N^o fifty five third
division and part of lot N^o 111 second division and is bounded Easterly on fourth division
Southerly on Lot N^o 35 westerly and northerly on land of John Miles.

And also another peice of land containing one acre and is part of lot N^o 91 third
division bounded as follows begining at a hemlock the northwesterly corner of said Lot and
runs south 40 degrees west 21 rods to a hemlock stump thence south four degrees East 6
rods to a heap of stones thence East 32 degrees north 19 rods to a heap of stones on the line of
said lot thence to where it first began ten rods bounding Easterly Lot N^o 111 second
northerly on Lot N^o 90 third division and every other way on the remaining part of
said lot.  And also an other piece of land lying ajoining on the Easterly side of the
above lot containing seventeen acres be the same more or less and is bounded as follows
viz begining at the Northwesterly corner at a stake and stones thence runing
south 22 deg. East forty rods to a stake and stones thence turning and runing south
66-3/4° west 34 rods and nineteen links to the ????? by a town road and heap of stones thence
turning and runing by s^d road 14 rods to a stake and stones thence turning and runing
north 76-1/4 degrees East 25 & 9 links to a stake & stones thence turning and runing South 61-1/2
degrees East 18 rods to a stake and stones by the brook thence turning and runing north 44[d]
degrees East 15 rods to a hemlock marked thence turning and runing north 16-1/2 degrees
East 16 rods and 20 links to a Spruce tree marked thence turning and runing north 63-1/4 degrees
East 9 rods to a dead Spruce tree thence turning northwesterly in a strait line to a stake in the Swamp
43 rods to the corner of s^d Gates's land thence turning and runing south 87-3/4 degrees East 29 rods
to the corner and bound first mentioned.  The first mentioned tract has a house & barn thereon
standing and all of said tract is the greater part under improvement and contains my house
farm on which I now live.

To have and to hold the same to the said Jonathan Osgood his heirs & assigns
to his and their use and behoof forever and I do covenant with the s^d Jonathan Osgood his
heirs and assigns that I am lawfully seized in fee of the premises that they are free of all incum-
brances Except a Mortgage Deed signed by me runing to Merari Spaulding for the security

of the payment of 300 dollars and that I will warrant and defend the same to the said Jonathan
Osgood his heirs and assigns forever against the lawful claims and demands of all persons.

The condition of this deed is such that whereas the said Nathan Gates has
given the said Jonathan Osgood a Note of hand bearing even date with this deed of the sum
of one hundred and seventy nine dollars and twenty Cents to be paid in one year from the

[page 548]

date on interest Now know that I the said Nathan Gates my heirs Executors or Administrators
shall well and truly pay or cause to be paid to the said Jonathan Osgood his heirs Executors
or Administrators or assigns the full contents of said Note with the interest by the time above
mentioned then this obligation is to be void otherwise to be and remain in force.

In witness whereof I the said Nathan Gates have hereunto set my hand and seal
this seventh day of July in the year of our Lord one thousand eight hundred and ten
Signed sealed & delivered in presence of us                       Nathan Gates  {seal}
Aaron Wood    }                                                                  Abigail Gates  {seal}
Sally Wood      }

Wprcester ss Gardner July 7, 1810 Nathan Gates above named acknowledged
this instrument to be his free act and deed before me -- Aaron Wood Justice of Peace
Rec^d July 11^th 1810  Ent^d & Exam^d pr  Dan^l Clap Reg.

[in left margin of page 547]

I the subscriber hereby certify that I have received the full contents of the within mortgage deed and order the same to be
discharged on record at the Registers office within and for the County of Worcester given under my hand and seal the twenty eighth
day of August in the year of our Lord one Thousand eight hundred and eleven - Jonathan Osgood  {seal}  Worcester Gardner August 28, 1811
signed sealed & delivered in presence of }          
Aaron Wood  Jabez Fairbank                   }
Jonathan Osgood above named acknowledged the above instrument by him subscribed to be his free act & deed before me Aaron Wood Justice of Peace
                                   Rec^d Sept^r 3^d 1811 Ent^d & Exam^d pr Dan^l Clap Reg

The source citation for this recorded deed is:

"Massachusetts, Land Records, 1620-1986," digital images, Church of Jesus Christ of Latter-Day Saints, FamilySearch (https://familysearch.org : accessed 13 January 2015), Worcester County, "Deeds, 1810, Vol. 176-177," Volume 176, pages 546-548 (images 288-289 of 713), Deed of Nathan Gates to Jonathan Osgood, executed 7 July 1810, recorded 11 July 1810, voided 28 August 1811.

In this deed, Nathan Gates, yeoman of Gardner, sold three tracts of land (50 acres, 1 acre and 17 acres) in southeastern Gardner to Jonathan Osgood of Gardner for 375 dollars in a mortgage deed conditioned on Nathan Gates paying a debt of $179.20 with interest to Osgood within one year from 7 July 1810.  Gates satisfied the debt on 28 August 1811 and the deed was voided by Osgood.

Nathan Gates (1767-1830), who married Abigail Knowlton (1774-1855) in 1790, is my 4th great-grandfather.  I am descended from their daughter, Abigail Gates (1797-1867) who married Benjamin Seaver (1791-1825) in 1817.

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


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/2019/07/amanuensis-monday-1810-mortgage-deed-of.html

Copyright (c) 2019, Randall J. Seaver


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