Georgia: Coweta County: Indenture between Elisha Hindsman and The Atlanta And Lagrange Rail Road Company, 9 February 1850 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store this file permanently for free access. This file was contributed by: Beth Collins collins@negia.net ==================================================================== Coweta County Deed Book I, page 224 - 225 Georgia } This Indenture made this ninth day of February in the year of our Lord Coweta County} One thousand Eight hundred and fifty between Elisha Hindsman of said county of the one part and the Atlanta and Lagrange Rail Road Company of the other part Witnesseth that the said Elisha Hindsman for and in consideration of running their contemplated Rail Road on and along his land as well as in consideration of the sum of Five Dollars to him in hand paid at and before the sealing and delivery of these presents the receipt whereof is hereby acknowledged hath given granted bargained and sold and doth by these presents give grant bargain and sell unto the said Atlanta and Lagrange Rail Road Company and their successors and assigns the right of way over which to pass at all times by themselves Directors Offices Agents Servants and hirelings in any manner they may think proper and particularly for the purpose of running erecting and establishing thereon a Rail Road with double track and turn outs or with single track and turnouts as may at all times be at the discretion of said company pursuant to a charter of incorporation granted said company ______ the twenty seventh day of December Eighteen Hundred and forty seven and to this end the limits of said right of way shall extend in width seventy feet on each side from the centre of the road way of said Rail Road when completed and to extend in length through the whole tract of land owned and claimed by the said Elisha Hindsman situate lying and being in the said county adjoining lands of Michael Hindsman in the North John Webb on the west & __ W Lee on the East being lot 199 adjoining the lot whereon said Elisha now resides and running in such direction through said tract of land as said Atlanta and Lagrange Rail Road Company by their Agents Managers or workmen shall think best suited for the purpose of locating and establishing their said work and connected with the said right of way the said company shall have the right to cut down and remove such timber and other growth [SMUDGED] of said wood or woods by falling on or shading (?) the same in ___ the ____ or other parts of said wood provided the said Rail Road is constructed on the line now located and the said Elisha Hindsman reserves the right to cultivate the land to within ten feet of the _____ of the Road when completed Together with all and singular the rights members and appurtenances to the said strip tract or parcel of land being belonging or in any wise appertaining and more especially the right of way over the same To have and to hold the same unto the said Atlanta and Lagrange Rail Road Company their successors and assigns to their own proper use benefit behoof forever in fee simple upon condition and it is expressly understood that should the said Rail Road contemplated as aforesaid be not in location and established on and along said ______ tract or parcel of land described in the above and foregoing indenture then said Indenture is to be wholly null and void and of no effect and the said Elisha Hinds man for himself his heirs and assigns the said bargained premises unto the said Atlanta and Lagrange Rail Road Company their successors and assigns will warrant and defend the right and title thereof against the claims of all persons whatsoever by _____ of these presents In witness whereof the said Elisha Hindsman hath hereunto set his hand and affixed his seal the day and year first above written Signed Sealed & delivered in the presence of Elisha Hindsman Peter B Terrell Robt Douglass Georgia } Personally appeared before me a lawful magistrate of said county Robt Coweta } Douglass who being duly sworn saith on his oath that he is a subscribing County } witness to the within deed that he saw Elisha Hindsman duly sign seal and deliver the within deed for the purposes therein specified and that at the same time he saw Peter B. Terrell subscribe as a witness with himself Sworn to and subscribed before me this third day of June 1850 Wm Nimmons J. T. C. Robt. Douglass Recorded 23rd Novr. 1850 J. R. Alexander I. Clerk