DEED: Isaac & Mary, William & Meribah Enders to Robert Service; Broome co., NY

submitted by Gayle Hendren (gr3808 @ aol.com) 
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Submitted Date: July 22, 2004
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Written: May 16 1838
Recorded: May 21 1838

I &.W. Enders 
      To
Robert Service

This Indenture, Made the sixteen day of May, in the year of our Lord one 
thousand eight hundred and thirty eight Between Isaac Enders & Mary Ann his 
wife and William Enders of Conklin, Broome County and Meribah his wife, of the 
first part, and Robert Service  formerly of Schoharie County, now of said 
Conklin of the second part, Witnesseth, That the said party of the first part, 
for and in consideration of the sum of three hundred dollars to them in hand 
paid by the said party of the second part, the receipt of which is hereby 
confessed and acknowledged, have granted , bargained, sold, remised, released, 
aliened and confirmed  and by these presents do grant, bargain, sell, remise, 
release, alien, and confirm unto the said party of the second part, in his 
actual possession now being, and to his heirs and assigns forever.  All that 
the following described lot, piece or parcel of land, viz. twenty acres of the 
northwest part of Ninety two acres more or less, as conveyed  by William 
Enders, & wife, the 24th Aug., 1837 by deed of said date recorded in No. 19
pp. 488-9, the piece of said 92 acres hereby intended to be conveyed bounded
as follows, north by Christopher Shear's land east by part of remaining part
of said 92 acres, as divided by a fence as it now stands, west by   .., same
lot (no. 26) now owned by Hiram Birdsall, and extending south far enough to 
included 20 acres, and no more.  And the said Service is also to have in 
addition to the above 20 acres, with appurtenances, all the oak timber of what 
kind so ever, suitable for making Staves, and all the staddles or young trees 
now standing on the remaining unsold part of said 92 acres, suitable for hoop 
poles, with the privilege of ingress degress to and from the same, for the 
removal of the same, provided that if at anytime, said Enders, his heirs or 
assigns, shall want to cut and clear the same or any part of said remaining  
part of said 92 acres, Said Enders, his heirs or assigns, is to give said 
Service a notice of a reasonable space of time, to take off his said timber & 
stuff for staves & hoop poles, and in his default so, to take off the same, 
said Enders, his heirs or assigns, may take off the same for his own use, 
however it understood that said Isaac Enders, reserves all the stuff and
timber on said remaining part, north of what is now called the old State road,
and said Isaac Enders also reserves to himself all the staves, or stuff sawed
into bolts or blocks for them, which may have been so sawed by said Enders
previous to 9 Feb. 1838 and the said Service is to have if he chooses, the
privilege of taking for his own use, the tops of said trees to use all the
trees down & not sawed into bolts, as foresaid, the above land and premises,
are in Conklin aforesaid.  Together with all and singular the hereditaments
and appurtenances, thereunto belonging or in any wise appertaining, and the
reversion and reversions, remainder and remainders, rents, issues and profits
thereof, and all the estate, right, title, interest, claims and demand
whatsoever, of the said party of the first part, either in law or equity, of
in and to the above bargained premises, with the said hereditaments, and
appurtenances.  To Have and To Hold the said tract or parcel of land and
premises, with the appurtenances, unto the said party of the second part, his
or their heirs and assigns, to the sole and only proper use, benefit and
behoof of the said party of the second part, his or their heirs, and assigns
forever.  And the said party of the first part, do for themselves, their
heirs, executors and administrators, covenant and agree to and with the said
party of the second part, his heirs and assigns, that they are the true and
lawful owners of the said tract or parcel of land and premises, with the
appurtenances, and have in themselves good right, full power and lawful
authority to grant and to convey the same, in manner aforesaid.  And that
they, the said party of the first part, and their heirs, the said parcel of
land and premises, unto the party of the second part, his heirs and assigns,
against all lawful claims and demands whatsoever, shall and will warrant and
forever by these presents , Defend, and that said premises are free from all
incumbrances.  In witness whereof, the said party of the first part, have
hereunto set their hands and seals the day and year first above written. 
Isaac Enders, L.S. Mary Ann Enders L.S. William Enders L.S. Merabah Enders
L.S.  Sealed and delivered in presence of H.F. 
Bronson.

State of New York     On the 19th day of May A.D. 1838, before me severally 
came Isaac           Broome County        Enders and Mary Ann his wife,
William  Enders and Marabah, his wife, to me personally known as the persons
described in and who executed the within deed and severally acknowledged that
they executed for the within mentioned purpose.  And the said Mary Ann Enders
& Marabah Enders, being examined by me apart from their said husbands, 
acknowledged that they executed the same freely and without fear or compulsion 
on the part of their said husbands.  H.T. Branson? Commissioner.
Recorded 21 May 1838 at 10. A.M.
                         J.? Moore, Dep. Clk.