DEED: Horace J Town from Leander Phelps; Chautauqua co., NY

submitted by Nathan Towne (towne56 at alumni.uchicago.edu) 
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Submitted Date: May 5, 2006
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Lot 26, Arkwright, Chautauqua, NY
Written: August 13, 1879

This Indenture, Made the 13th day of August in the year of our Lord one
thousand eight hundred and seventy-nine BETWEEN L. S. Phelps Sheriff of the
County of Chautauqua of the first part, and Horace J Town of Arkwright N. Y.
of the second part;  Whereas, At a special Term of the supreme Court of New
York held at Buffalo Erie Co N.Y. on the 26 day of June one thousand eight
hundred and seventy nine it was, among other things, ordered, adjudged, and
decreed by the said Court, in a certain action then pending in the said Court,
between

That all and singular the premises described in a mortgage executed by Charles
Grey and Lodosca [sp?] L Gray to Curtis Sirce [sp?] and recorded in Chautauqua
County Clerk's Office, in Liber 113 at page 137 and being the same premises
mentioned in the complaint in said action, and on said judgment described, or
so much thereof as might be sufficient to raise the amount due to the
plaintiff for principal, interest and costs in said action, and which might be
sold separately without material injury to the parties interested, be sold at
public auction, according to the course and practice of said Court, by or
under the direction of the said Sheriff; that the said sale be made in the
County where the said mortgaged premises, or the greater part thereof, are
situated; that said Sheriff give public notice of the time and place of such
sale, according to the course and practice of said Court, and that any of the
parties in said action might become a purchaser or purchasers on such sale;
that the said Sheriff execute to the purchaser or purchasers of the said
mortgaged premises, or such part or parts thereof as should be so sold, a good
and sufficient deed or deeds of conveyance for the same.  AND WHEREAS, the
said Sheriff, in pursuance of the order and judgment of the said Court, did on
the 13th day of August one thousand eight hundred and seventy nine sell at
public auction at the Law office of Record  T Hooker at Forestville Chaut Co
N.Y. the premises in the said order and judgment mentioned, due notice of the
time and place of such sale being first given, agreeably to the said order; at
which sale the premises hereinafter described were struck off to the said
party of the second part for the sum of five Hundred Dollars, that being the
highest sum bidden for the same.

Now this Indenture Witnesseth, That the said Sheriff, the party of the first
part to these presents, in order to carry into effect the sale so made by him
as aforesaid, in pursuance of the order and judgment of the said Court, and in
conformity to the statute in such case made and provided, and also in
consideration of the premises, and of the said sum of money so bidden as
aforesaid having been first duly paid by the said party of the second part,
the receipt whereof is hereby acknowledged, hath bargained and sold, and by
these presents doth grant and convey unto the said party of the second part
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Arkwright County of
Chautauqua and State of New York and is distinguished as a part of lot No 26
of the 5th Township and 11th Range according to the Holland Land Company
Survey; and bounded as follows.  Commencing at a point in the East line of
said lot and distant from the Northeast Corner thereof in the East line 21
chains and 82 links to a stake as the Commencement of the boundaries of the
land intended to be conveyed by this indenture, thence West 9 chains 37 1/2
links thence South 43 [degrees] West 7 chains thence North 74 [degrees] West
to the Center of the highway as it was in 1848, ten chains 6 1/2 links thence
South 16 [degrees] West  along the Center of said highway 16 chains 36 links
thence East 27 chains 98 links to the East line of said lot thence North 17
chains 80 links to the place of beginning Containing 40.82 Acres be the same
more or less, it being understood that if there is any mistake with theSurvey
that the Comer [sp?] mentioned above as being in the Center of the highway as
it was in 1848 and thence 10 chains 6 1/2 links South 74 [degrees] East
therefrom shall remain as they i?????e, being designated by stakes ___________

To Have and to Hold, all and singular, the premises above mentioned and
described, and hereby conveyed unto the said party of the second part, his
heirs and assigns forever____________

In Witness Whereof, The said party of the first part, Sheriff as aforesaid,
hath hereunto set his hand and seal, the day and year first written.

Leander S. Phelps Sheriff LS
By Daniel H Bronson Deputy

Sealed and delivered in presence of 

STATE OF NEW YORK,
County of Chautauqua.
ss.
On this 
13th day of Aug in the year one thousand eight hundred and seventy-nine before
me, the subscriber, personally appeared Daniel H Bronson a Deputy Sheriff of
said County to me known to be the person described in and who executed the
within instrument, and he acknowledged that he executed the same.

W B Hooker
Special Surrogate of Chaut C N.Y.

Additional Comments:
Sheriff's Deed Liber 175 of Deeds, Page 375