Deed: James Ellison - Warren Bly; 1839 Mayville, Chautauqua County, NY

************************************************************************
USGENWEB 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.
************************************************************************

James Ellison and Warren Bly, both of Chautauqua, NY, lot #73, 71.82 acres,
and northwest part of lot #71, 35.87 acres, in Mayville, 15 April 1839,
Chautauqua County, Liber 33: page 487.

Submitted by Carmen J. Finley <finleyc@sonoma.edu>

This Indenture made this fifteenth day of April one thousand eight hundred
thirty nine Between James Ellison and Warren Bly both of the County of
Chautauqua in the state of New York Witnesseth That whereas the said James
Ellison was the equitable owner of a lot or parcel of land in the said
County of Chautauqua known and designated as lot number seventy three,
Containing seventy one and 82/100 acres and north west part of lot seventy
one, Containing thirty five 87/100 acres, being together one hundred and
seven 69/100 acres, so numbered and designated on the map of the village of
Mayville in said County.

And whereas said Ellison agreed to sell and convey to the said Bly out of
his equitable interest the number of thirty five acres to be taken off from
the north west side of said lot number seventy three.

And whereas the parties hereto in ???? of such agreement proceeded together
to the office of the Holland Land Co. for the purpose of procuring Deeds
respectively for the equitable interests above described.

And whereas in the making of such Deeds the whole of said lot number
seventy three, was Deeded to said Ellison and the above described part of
lot number seventy one was Deeded to said Bly, both through mistake,
instead of Deeding said Bly the north West part of lot numbered seventy
three, thirty five acres and to said Ellison the residue of said lot, of
one hundred and seven 69/100 acres

And whereas the said Ellison gave his bond & Mortgage on the 14 day of
January 1838 to William Willink & others for the unpaid balance of the
purchase money of the land deeded to him as above mentioned and for the
payment of which said land is holden under the Mortgage and on the same day
said Bly gave his bond and Mortgage for the unpaid balance of the purchase
money of the land so deeded to him as aforesaid and is similarly bond.

And whereas it is now the purpose of the parties hereto to correct this
Error & to perfect the bargain between them as originally intended.

Now Therefore we the said James Ellison & Warren Bly each for himself & for
his heirs, executors, administrators and assigns do covenant and agree to
and with the other as follows to wit.

First the said Warren Bly assumes and agrees to pay the sum of two hundred
and fifty seven dollars and forty three cents with interest upon and
towards the payment of the land and Mortgage given as above mentioned by
said Ellison to be applied as payment upon the northwest part of said lot
number seventy three, which when paid in full and a discharge of Mortgage
land from the Land Office will leave the land originally purchased by said
Bly of said Ellison and hereby conveyed free and clear from the above
mentioned encumbrances.

Secondly the said James Ellison covenants and agrees in like manner to pay
the sum of two hundred and sixty three dollars and twenty four cents and
interest in full payment of the bond and Mortgage given by said Bly so that
said Ellison upon payment of the same may obtain a discharge Mortgage from
the Land Office and have his Land also clear from the incumbrance above
mentioned.

Thirdly for and in consideration of the foregoing and also of the sum of
one dollar the receipt of which is hereby acknowledged I the said Warren
Bly hereby convey, alien enscoff & confirm to the said James Ellison & to
his heirs and assigns forever all my right title, interest & claim of in
and to the above described part lot numbered seventy one thirty five 87/100
acres with the appurtenances.  To have and to hold for his own proper use
and benefit forever.

Fourthly for and in consideration of the foregoing, and also of the sum of
one dollar the receipt whereof is hereby acknowledged, I the said James
Ellison hereby convey alien enscoff & confirm to the said Warren Bly and to
his heirs and assigns forever, all my right title interest & claim of in
and to the above described Northwest part of lot numbered seventy three,
thirty five acres with the appurtenances.  To have and to hold for his own
proper use & benefit forever.

In Testimony whereof we have hereunto set our hands & seals in duplicate
(one copy of which is for each of the parties) to be recorded in the clerks
office of the said County of Chautauqua, both being marked by the Clerk as
duplicates on record.

Sealed and delivered                              Warren Bly, S.S.
in presence of                                    James Ellison, S.S.

Chautauqua County
On this 4th day of October 1842, Warren Bly & James Ellison to me known to
be the persons described in and who executed the foregoing Deed came before
me & acknowledged the execution of the same.
                                             Russell Sackett, J.P.

Chautauqua County
Recorded Nov. 4 1842 at 11 O'clock am.
                                             I.G. Hinckley, Clerk