DEED OF DAVID S. AND ELIZA FOUNTAIN, MONTGOMERY COUNTY, NY Copyright (c) 1999 by Mary Slack Maynard (MMayn93990@aol.com). ************************************************************************ 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. ************************************************************************ Montgomery County, NY Book 42, page 113 - 114 This Indenture made the first day of November in the year of our Lord one thousand eight hundred and thirty between David S. Fountain and Elisa his wife of the town of Wells County of Montgomery and the state of New York of the first part and John H. Van Nest of the town of Amsterdam and county aforesaid of the second part. Witnesseth that the said parties of the first part for and in consideration of the sum Forty Dollars good and lawful money of the united States to them in hand paid by the said party of the second part the receipt whereof is hereby confessed and acknowledged have granted, bargained, sold, revised, released and confirmed unto the said party of the second part. 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 for ever. All that certain piece or parcel of land lying and being in the town of Amsterdam, county aforesaid in a Patent known and distinguished by the name of Sacondaga Patent being part of Lotts No. Seventy eight and seventy seven in the subdivision of said patent and being the one equal sixth part of the right of Roswell Slack Junr deceased and which said lott his adjoining the farm now owned and occupied by John H. Van Nest said to contain four acres according to a division of said farm made by James Cushney. Together with all and singular the hereditaments and appurtenances thereunto belonging and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate right, title, interest, claimor demand whatsoever of the said parties of the first part, either in law or eequity of in and to the above bargained premises and every part and parcel thereof. To have and to hold, the said above mentioned and described premises with the appurtenances thereunto belonging to the said party of the second part, his heirs and assigns and to the sole and only proper use, benefit and behoof of the said party of the second part, his heirs and assigns forever. And the said parties of the first part for themselves and their heirs do covenant, grant, promise and agree to and with the said party of the second part his heirs, executors, administrators and assigns, the above bargained and described premises in the quiet and peaceable possession of the said party of the second part, his heirs, executors, administrators and assigns will forever warrant and defend by these presents. In witness whereof, the said parties of the first part have hereunto set their hands and seals the day and year first above written David L. Fountain (Seal), Elisa (x her mark) (Seal). Sealed and delivered in the presence of Abraham Putnam, James Cushney, State of New York on the first day of November in the year of our Lord one thousand eight hundred and thirty personally appeared before me First Judge of Montgomery County Court in said state David sl. Fountain and Elisa fountain and they severly acknowledged to me that they had freely executed the foregoing the said Elisa on a private examination apart from her husband and she acknowledged to me that she had executed the same not only freely but without and fear or compulsion of her husband. At the same time personally appeared before me James Cushney to me personally known and who was by me duly sworn to me he testified that he is personally acquainted with the said David and Elisa and knows them to be the foregoing granters. I am therefore satisfied that the said David and Elisa are the individuals mentioned in described and intended by the foregoing conveyance and that they have freely and duly executed the same. Arron Haring. Recorded July 18 1857 at 2 OClock P.M. Geo:D Ferguson, Clerk