Indenture between Jethro J & Elizabeth McCULLOUGH and John Smith (1850), Cecil County, MD Contributed for use in USGenWeb Archives by Doug Arbuckle ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** Cecil County Land Record Book, Liber RCH, Number 2, Folio 104 This Indenture made and executed this fourth day of April in the year of our Lord one thousand eight hundred and fifty by and between Jethro J McCullough and Elizabeth McCullough his wife of Cecil County in the State of Maryland of the one part and John Smith of the County and State aforesaid of the other part. Witnesseth that the said Jethro J McCullough and Elizabeth McCullough his wife for and in consideration of the sum of two thousand one hundred and ninety six dollars and twenty cents current money of the United States of America to them in hand paid by the said John Smith at or before the sealing and delivery of these presents the receipt whereof they the said Jethro J McCullough and Elizabeth McCullough his wife do hereby acknowledge have granted bargained and sold aliened enfeoffed released conveyed and confirmed and by these presents do grant bargain and sell alien enfeoff release convey and confirm unto the said John Smith his heirs and assigns all those two parts pieces or parcels of land situate lying and being in Cecil County aforesaid and which is bounded and described as follows to wit: Beginning for one of those two parts pieces or parcels of land as aforesaid at an old Maple Tree standing below the tail race of Elk Rolling Mill and running thence South eighty degrees and one half of a degree West twenty five perches and five tenths of a perch passing by the North side of a large Chesnut tree which stands on the top of a hill thence North seven degrees and thirty five minutes East four perches and five tenths of a perch to near the centre of the public road which leads from Cherry Hill towards Turkey town passing by Elk Rolling Mill (thence along said public road and towards Cherry Hill) thence South seventy eight degrees and five minutes West ten perches and six tenths of a perch thence South seventy two degrees and one half of a degree West ten perches, thence South thirty degrees East twenty two perches along the East side of the road leading to Jacob Markee’s grist Mill, thence still along the East side of said road the four following courses and distances South thirty five degrees and three fourths of a degree East ten perches, South twenty four degrees and one half of a degree East ten perches, South fifteen degrees and one fourth of a degree East eight perches, South one degree and one half of a degree West four perches, thence South eighty one degrees East forty nine perches and four tenths of a perch to the middle of Big Elk Creek, thence with said Creek the four following lines North twenty five degrees East eighteen perches, North eleven degrees West twelve perches and seven tenths of a perch, North eighty one degrees West two perches and five tenths of a perch, North eight degrees and thirty five minutes East twenty three perches to the East side of said Big Elk Creek thence by a straight line to the place of beginning, containing twenty one acres and thirty seven square perches of land more or less. And beginning for the other of those two parts pieces or parcels of land as aforesaid at a large stone which stands at the end of the first line of a tract of land called “New Munster,” and running thence by and with the second line of “New Munster” aforesaid North ten degrees and thirty five minutes East twenty six perches thence South eighty degrees and one half of a degree East thirty seven perches to land lately conveyed to a certain James Tweed, thence by and with said James Tweed’s land the four following courses and distances South nine degrees and five minutes West twenty four perches and three fourth of a perch to a stone which stands twenty feet on said line reversed from the first line of said tract called “New Munster” thence running parallel with and twenty feet North of the first line of New Munster aforesaid, South eighty degrees and fifty five minutes East one hundred and fifty eight perches, North three degrees and five minutes West sixteen perches to a stone, North fifty two degrees and five minutes East seventeen perches and two tenths of a perch to a stone on the North side of a small run, thence South thirty nine degrees and twenty five minutes East four perches to a black oak stump, thence South forty six degrees and thirty five minutes East thirty three perches and two tenths of a perch to near the middle of the public road leading from Cherry Hill as aforesaid, thence along the middle thereof and towards Elk Rolling Mill the three following courses and distances, North thirty nine degrees and one half of a degree East thirty two perches and sixty five hundredths of a perch North forty three degrees and one half of a degree East twenty two perches, North fifty four degrees and one half of a degree East six perches to a point in said public road which is at the end of a line drawn South seventy four degrees and one half of a degree West six perches and forty five hundredths of a perch from the end of the fourth line of the first part of the aforesaid land herein conveyed thence from said point South forty three degrees and one half of a degree East fourteen perches to near the base of the Western bank of the race which runs to the grist Mill thence down and near the base of the Western bank of said race the five following courses and distances, South twenty eight degrees East ten perches, South thirty five degrees and one half of a degree East twelve perches, South twenty one degrees East twelve perches, South eight degrees West ten perches, South sixteen degrees West fourteen perches, thence North eighty degrees and one half of a degree West four perches, crossing “Deep Run” otherwise called “Shure” to the West bank thereof, thence South forty degrees West eighteen perches, thence South nine degrees East five perches and four tenths of a perch, thence South twenty four degrees and three fourths of a degree East seven perches, thence South nineteen degrees East eight perches and five tenths of a perch to a small Gum Tree, thence South seventy two degrees West thirty one perches to a large White Oak Tree a corner of the land of John Willis, thence North sixty one and one half of a degree West twenty four perches, thence North sixty two degrees West twenty eight perches to a large Black Oak Tree marked which stands on the North side of the public road leading from Cherry Hill as aforesaid thence North thirty five degrees and fifty minutes East fourteen perches and five tenths of a perch to a stone on the North side of said public road thence North seventy nine degrees and ten minutes West twenty four perches and seventy five hundredths of a perch to a stone thence North three degrees and five minutes West eighty perches and thirty five hundredths of a perch passing over a large stone to the first line of the trace of land called New Munster as aforesaid, thence by and with the first line of New Munster straight to the place of beginning containing forty eight acres two roods and thirteen square perches of land more or less, they being part of a trace piece or parcel of land which was conveyed to the said Jethro J McCullough his heirs and assigns by a certain John Evans and Isabella Evans his wife by their deed bearing date on or about the second day of April in the year of our Lord eighteen hundred and forty, and the last part of the land herein conveyed contains also the whole of a piece or parcel of land which was conveyed to the said Jethro J McCullough his heirs and assigns by a certain Samuel S Kilvington and Rachel S Kilvington his wife by their deed bearing date on or about the eleventh day of April in the year of our Lord one thousand eight hundred and forty six as may more fully appear by reference to said deeds duly executed acknowledged and recorded the first in Liber JP number forty five folio three hundred and eighty two, the second in Liber GWC (or GMC?) number ten folio four hundred and twenty ninety two of the land record books of Cecil County aforesaid. Together with all and singular the buildings improvements woods ways waters water courses rights liberties privileges hereditaments and appurtenances Whatsoever thereunto belonging or in any wise appertaining and the reversions and remainders rents issues and profits thereof and all the estate right title interest trust property claim and demand whatsoever of them the said Jethro J McCullough and Elizabeth McCullough his wife both at law and in equity or other wise howsoever of in to and out of the said two parts pieces or parcels of land and premises hereby bargained and sold or meant mentioned or intended hereby so to be and every or any part and parcel thereof; Excepting and reserving therefrom and thereout and subject unto a right of way to the aforesaid Jethro J McCullough (the grantor in the within deed or instrument of writing) his heirs and assigns over and through the said last part piece or parcel of land herein conveyed for ingress egress and regress to and from the public road leading from Cherry Hill by Elk Rolling Mill and towards Turkey town as aforesaid in and to a certain piece or parcel of wood land reserved by the said Jethro J McCullough from that part of the wood land conveyed to him by the aforesaid John Evans and Isabella Evans his wife, which said right of way shall be twenty feet wide, on the Northerly side of the first lines of New Munster aforesaid and running parallel with it. Beginning at the public road aforesaid and running to a point which is ten feet beyond the stone which stands at the end of the third line of the last part piece or parcel of land herein conveyed and thence running from said point parallel with ten feet from and on the Westerly side of the said third line which bears North nine degrees and five minutes East from said point until it connects the said Jethro J McCullough’s wood land as aforesaid reserved. To Have and To Hold the said two parts pieces or parcels of land so as aforesaid described by metes and bounds courses and distances together with the buildings improvements and appurtenances and all and singular other the premises hereby bargained and sold or meant mentioned or intended hereby so to be and every part and parcel thereof with their and every of their appurtenances unto the said John Smith his heirs and assigns to the only proper use and behoof of the said John Smith his heirs and assigns forever, and to and for no other use intent or purpose whatsoever. Excepting and reserving therefrom and thereout and subject unto the right of way aforesaid which shall be twenty feet in width along the public road aforesaid where it begins and shall run as before described. In witness whereof the said Jethro J McCullough and Elizabeth McCullough his wife have hereunto respectively set their hands and affixed their seals the day and year first herein before written. Signed sealed and delivered in the presence of George McCullough, William M Henry Jethro J McCullough Elizabeth McCullough (her mark) Signed sealed and delivered in presence of William Beatty Isaac Simpers Cecil County Sct Received on the day of the date of the within deed or instrument of writing of and from the within named John Smith the sum of two thousand one hundred and ninety six dollars and twenty cents current money of the United States of America being the consideration mentioned in the within deed or instrument of writing. Jethro J McCullough Witness William Beatty State of Maryland Cecil County Sc Be it remembered that on this fourth day of April in the year of our Lord one thousand eight hundred and fifty personally appeared Jethro J McCullough and Elizabeth McCullough his wife of Cecil County in the State of Maryland the parties grantors named in the within deed or instrument of writing before us the subscribers two Justices of the Peace of the said State of Maryland in and for Cecil County aforesaid and severally acknowledged the said within deed or instrument of writing to be their respective act and deed. And the said Elizabeth McCullough wife of the said Jethro J McCullough did sign seal and execute the said within deed or instrument of writing before us out of the presence and hearing of her husband and being by us privately examined apart from and out of the presence and hearing of her husband, whether she doth execute and acknowledge the same willingly freely and voluntarily and without being indebted to do so by fear or threats of or ill usage by her husband or by fear of his displeasure doth declare and acknowledge that she doth execute acknowledge the same willingly freely and voluntarily and without being induced to do so by fear or threats of or ill usage by here husband or by fear of his displeasure. And we do further certify that we are satisfied of our own knowledge that the said Jethro J McCullough and Elizabeth McCullough his wife acknowledging as aforesaid are the persons who are named and described as and professing to be parties to the said within deed or instrument of writing. Given under our hands the day and year aforesaid. William Beatty, Isaac Simpers Recorded on the 4th day of April 1850 and examined per R C Hollyday Clk Delivered to John Smith May 27th 1850 [The above described property was purchased in 1877 by David T Devlin(Develine) (AWM-7-110)] See the following Web site for more info on David T Devlin and relatives http://homepages.rootsweb.com/~pda