Dennis, Barnstable County(Cape Cod), Mass  Deeds

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


This next deed is very interesting because I actually have a survey of the beachfront location. 
{What I wouldn't give to still own the place?}  I will scan in both the deed and the plat.  
If you can view the deed image, at the bottom you will see a 50 cent United States Inter. Revenue 
documentary stamp Series of 1898 depicting a steamship. You will need the free Adobe Acrobat PDF 
viewer (www.adobe.com) to see it.

www.searsr.com/deeds/d1828.pdf

This deed is interesting because "The history of deeds recorded in
Barnstable county dates to 1686.  Before that, deeds were recorded in
Plymouth Colony records.  By 1827, 94 volumes had been recorded.  On 22
October 1827, fire destroyed the courhouse building and all but one of the
volumes were lost."  [from a notice taped on the wall at the Registry of
Deeds, Barnstable County]
This deed was never recorded at the courthouse.  Possibly because things
were still in turmoil.  Another possibility is that the owners did not wish
to pay taxes on the property?  It is dated 7 Jan 1828 and provides a place
to operate salt-works, a favorite vocation of our family.  I believe the
parcel is on Quivet Creek in "Crows Pasture" south and east of Coles Pond.
The logs mentioned below were hollowed out and used as pipes to carry
sea-water to the vats.  If they were going south to get saltwater, they must
have been situated on the north shore of Quivet Creek.   Also a cartway is
mentioned which leads northwest from the shore.  Quivet Creek is the only
"shore" from which you can go northwest on Quivet Neck.  This is also the
place where Elkanah H, William's son, would go before supper if anyone
wanted steamers (steamed clams) for an appetizer.  My Cousin Lelia tells
that, "As a boy, in the 1850s, grandfather[Elkanah H.] said, if it rained he
had to get up in the middle of the night to help pull up the canvas which
protected the salt beds from getting wet."   Saltworks pretty much
disappeared by the 1880s.

www.searsr.com/deeds/d1828.pdf

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

[The deed is handwritten on a boilerplate deed form with Allen watermark.]

KNOW all men by these presents, That we
Edmond Sears and Henry Sears both of Dennis in the
County of Barnstable yeomemen
in consideration of thirty dollars fifteen cents
paid by Elkanah Sears Jr and William Sears both of
Dennis in the county aforesaid

the Receipt whereof we do hereby acknowledge, do hereby give, grant, sell
and convey unto
the said Elkanah Sears Jr and William [G] Sears a certain
piece of Beach land lying in Said Dennis on
Quivet neck (so called) and bounded as follows Viz
beginning at the Southeast corner near the cart way
which leads to the shore thence sets west northerly by
land of Dean Sears until it comes to Eldridge Sears
range thence northerly & easterly by land of Eldridge
Sears Edmond Sears and Henry Sears to the northwest
corner of the premises then sets east southerly by land
of Edmond Sears and Henry Sears to a stake and stone
near to the said cart way thence by said cartway
Southerly to the first mentioned bounds and contains
land to set six thousand three hundred superficial
feet of shove door saltworks and the privilege of a
cartway to the east end of the saltworks to take away
salt also priviledge necefsary to attend said works
also the priviledge of setting a mill by the shore at high
water mark and for logs to lead from said mill
to said works. [the following crossed out]and from said mill southerly as
far
as should be necefsary to get water from the sea for
said works[end cross out]

To have and to hold the afore-granted Premises to the said Elkanah Sears Jr
and William Sears^their Heirs and Assigns, to their Use and Behoof forever.

 And we do covenant with the said Elkanah Sears Jr and William Sears
their Heirs and Assigns, That we are lawfully seized in Fee of the
afore-granted Premises;
That they are free of all incumbrances; That we have good Right to sell and
convey the same
to the said Elkanah and William.

 And that we will warrant and defend the same Premises to the said Elkanah
and
William their Heirs and Assigns forever, against the lawful Claims and
Demands of all Persons.

 In Witness Whereof, we the said Edmond Sears and Henry Sears
   have hereunto set our Hands and sealsthis seventh Day
 of January in the Year of our Lord One thousand eight hundred and
twenty-eight

 Signed, sealed, and delivered,            }
        IN PRESENCE OF US                  }           (s)Henry Sears
[seal]
   (s)Joshua Homer                         }           (s)Edmund Sears
[seal]
   (s)Stephen Homer                        }
   (s)David Chapman                        }

 Barnstable SS.  January 7^th 1828.  Then the above-named Henry Sears and
Edmond
Sears acknowledged the above Instrument to be then free Act and Deed- before
me,--
                                (s) Stephen Homer {Just. of  _____
                                                  {Peace
                                 ___ ___ ___ ___