Land: Deed; Executors of Zachariah Albaugh to Phillip Hines (1806): Frederick County, MD Contributed for use in USGenWeb Archives by Erma Day (ej3ed@verizon.net) *********************************************************************** 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 *********************************************************************** Frederick Co., MD Land Record WR 17 p 450, 451 Executors of Zachariah Albaugh to Phillip Hines Exd. And Dvd. Granted 1st May 1806 At the request of Philip Hines the following deed was recorded November 22nd 1798 to wit This Indenture made this twenty ninth day of August one thousand seven hundred & ninety eight Between Susannah Zuck and Zachariah Albaugh Executors of Zachariah Albaugh deceased and David Albaugh all of Frederick County of the one part and Philip Hines of the said County of the other part Witnesseth that the said Susanna Zuck, Zachariah Albaugh & David Albaugh for and in consideration of the sum of forty nine pounds thirteen shillings & nine pence to them in hand paid by the said Philip Hines the receipt whereof they do hereby acknowledge and thereof and therefrom acquit, release and discharge the said Philip Hines Have given, granted, bargained, sold, aliened, enscoffed ? and confirmed and by these presents Do give, grant, bargain, sell, alien, enscoff ? and confirm unto him the said Philip Hines his heirs and assigns forever the following tract or parcel of land that is to say part of the Resurvey on Albaugh's Delight, lying and being in Frederick County, Beginning at a stone at the end of eighty one perches on the second line of said land allowing one quarter of a degree for variation and running with the outlines three courses South three and three quarter degrees West twenty three perches to a stone South seventy five degrees & one quarter East thirty eight perches to a stone [South crossed out] North sixty six degrees & three quarters of a degree East twenty nine perches to a stone then by a straight line to the beginning Containing six acres one half acre and twenty square perches of land more or less. Together with all and singular the buildings, orchards, gardens, meadows, and all the premises and appurtenances to the said land belonging or in anywise appertaining and all the estate, right, title, interest, use, trust, possession, property, claim and demand whatsoever in law and in Equity of them the said Susanna Zuck, Zachariah Albaugh and David Albaugh of in or to the said Premises and appurtenances. To have and to hold the said land & premises with the appurtenances unto him the said Philip Hines his heirs and assigns forever to the only proper use and behoof of him the said Philip Hines and his heirs and assigns and to or for no other use, interest or purpose whatsoever. And the said Susanna Zuck, Zachariah Albaugh and David Albaugh for themselves their heirs executors and administrators do hereby covenant grant and agree to and with the said Philip Hines his heirs and assigns that they their heirs executors & administrators the said Land and premises with the appurtenances from and against them & their heirs and from & against all persons claiming by from or under them or their heirs shall and will Well and truly Warrant and forever defend by these presents unto the said Philip Hines his heirs and assigns forever And further that they will at anytime hereafter at the proper cost and charges of him the said Philip Hines his heirs and assigns when thereunto reasonably requested execute and Acknowledge any further or other deed of conveyance the better to convey & transfer their right interest and estate in the hereby bargained land and premises unto the said Philip Hines his heirs & assigns In Witness whereof the said Susannah Zuck, Zachariah Albaugh, & David Albaugh have hereunto set their hands & seals the day & year above written. Susannah Zuck her mark (X) seal Zacharius Albaugh seal David Albaugh seal Signed Sealed and delivered IN presence of Francis B Sappington Daniel Dorsey Which was thus endorsed to wit On the 29th day of August 1798 came Susannah Zuck, Zachariah Albaugh & David Albaugh before us two Justices of the peace for Frederick County and Acknowledged the within Instrument of writing to be their Act and Deed & the land & premises therein mentioned to be the right title and estate of the within named Philip Hines his heirs and assigns forever And at the same time came Elizabeth Albaugh wife of the said David Albaugh and being by us examined apart from & out of the hearing of her said Husband relinquished all her right of dower in the said Land and Acknowledged that she did the same freely & voluntarily and not thru fear of her said husband or thru threats or fear of ill usage from him Francis Brown Sappington Daniel Dorsey