Dennis, Barnstable County(Cape Cod), Mass  Deeds

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Contributed by L.Ray Sears, III (LRSears@CapeCod.net)


This deed is interesting because it's old.  The town of Dennis did not exist yet.  My 4th gt-grandfather, Edmund Sears, allegedly participated in the Boston Tea Party only 14 years after he bought this meadow from his younger brother Daniel under English property law. 

"It is related of him[Edmund] that at the time of the 'Boston Tea Party,' he was unloading his vessel in the vicinity.
  He went on board the vessels and participated in throwing the tea overboard.
  Upon his return to the Cape soon after, though he had been long absent from home, on entering the house he went straight to the 'bowfat,' and without saying a word to any one, seized the teapot and caddy, and threw them into the garden with a crash.
  His astonished wife [Hannah Crowell] whispered to the [nine] children, 'your poor father has come home crazy.'"

 All of Edmund's four sons were in the Revolutionary War.  I cannot find that this deed was ever filed at the courthouse.

www.searsr.com/deeds/d1759.pdf

Summary at  www.searsr.com/deeds/deeds.htm

[The deed is handwritten on a boilerplate deed form with a circular watermark that looks like a horse brass if you've ever seen one.  I cannot tell what the watermark says. The deed's in poor condition, taped together with some ancient cellophane in the middle but still has its original wax seal and is easily readable.  f is used for the long-s again] 

To all People, to whom thefe Prefents
fhall come, GREETING, Know Ye, That I Daniel Sears
of Yarmouth in the County of Barnstable Yeoman 
For and in Confideration of the Sum of
[blank] to Me in Hand before the enfealing hereof, well and truly paid by
My Brother Edmund Sears of Yarmouth aforefaid
Yeoman -----------------------
------------ the Receipt whereof I do hereby acknowledge,
a Myfelf therewith fully fatified and contented, and thereof, and of every Part and
Parcel thereof,do exonerate acquit and difcharge him y^e faid Edmund Sears his
---------------- Heirs, Executors and Adminiftrators for ever by thefe
Prefents: HAVE given, granted, bargained, fold, aliened, conveyed and confirmed; and by thefe
Prefents, do freely fully and abfolutely give, grant, bargain, fell, aliene, convey and confirm,
unto him the faid Edmund Sears his -------------------
----------Heirs and Affigns for ever, about half an Acre of
Meadow Scituate lying and being in Yarmouth afore-
faid, And is the one half part of the Meadow included
within the following boundaries (the whole being now
in partnerfhip between my Self and y^e faid Edmund) bounded
firft at a Stone by y^e Edge of the upland about two Rod
Southwefterly fromthe Spring or Well which the faid
Daniel now fetches his Water from Thence Northerly
to a Ditch, thnce Wefterly by Said Ditch to another
Ditch, Thence SOutherly thereby until it Comes to the
Meadow of the Said Edmund.  Thence, Eafterly by his
Meadow and Land to the Stone firft Mentioned.

 To Have and to Hold, the faid granted and bargained Premises, with all the Appurt-
nances,Priviledges and Commodities to the fame belonging, or in any wife appertaining,to
himthe faid Edmund Sears his ---------------
Heirs and Affigns for ever:  To his and their only proper Ufe, Benefit and Behoof forever,

 And I the faid Daniel Sears
for myflef Heirs, Executors and Adminiftrators,do covenant, promife and grant to and with
him the Said Edmund Sears his 
Heirs and Affigns, that before the enfealing hereof,I was the true, fole and lawful Owner
of the above-bargained Premifes, and was lawfully feized and poffeffed of the fame in my
own proper Right, as a good, perfect and abfolute Eftate of Inheritance in Fee Simple: And
have in myself good Right, full Power and lawful Authority to grant, bargain, fell, convey
and confirm faid bargained Premifes, in Manner as aforefaidL And that he y^e faid
Edmund Sears his --- Heirs and Affigns, fhall
and may from Time to TIme, and at all Times forever hereafter, by Force and Virtue of thefe
Prefents, lawfully, peaceably and quietly have, hold, ufe, occupy, poffef and enjoy the faid de-
mifed and bargained Premifes, with the Appurtenances, free and clear, and freely and clearly
acquitted, exonerated and difcharged of and from all and all Manner of former or other Gifts,
Grants, Bargains, Sales, Leafes, Mortgages, Wills, Entails, Joyntures, Dowries, Judgments,
Executions or Incumbrances of what Name or Nature foever, that might in any Meafure or De-
gree obftruct or make void this prefent Deed.
  
   FURTHERMORE
I the Said Daniel Sears for myfelf my Heirs,
Executors and Administrators, do covenant and engage the above demifed Premifes tohim
the faid Edmund Sears his
Heirs and Affigns, againft the lawful Claims or Demands of any Perfon or Perfons whatfoever,
for ever hereafter to Warrant, Secure and Defend by thefe Prefents. In witnefs whereof
I have hereunto Set my hand and Seal this twentyfirft
day of February AD 1759
Signed Sealed and Delivered           (s) Daniel Sears  [seal]
in prefence of                   Barnftable fs on y^e day and date above
(s)John Snow                     mentioned the above named Daniel Sears
(s)Tho.^s Winflow                appeared and Acknowledged the above
                                 written inftrument to be his act & deed
                                 before me  Tho.^s Winflow Juftice of peace.