DEED: Hophni Smith - Aaron Belknap; Monroe, Orange co., NY submitted by Lil Heselton (lhess at shaw.ca) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: August 27, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 8.0 Kb ************************************************ Written: May 8, 1823 Recorded: September 17, 1823 This Indenture made the eighth day of May, in the Year of our Lord one thousand eight hundred and twenty-three. Between Hophni Smith of the Town of Monroe in the County of Orange assignee of John Smith of the same place by Archibald Smith of the same place his attorney duly constituted and appointed by Virtue of Power of Attorney duly made executed and acknowledged by the said Hophni Smith bearing date the Twenty-Seventh day of September in the year one thousand eight hundred and Twenty-one, and recorded in Orange County Record of Deeds in Liber V page 497 & 498 reference being thereunto had, will more fully appear of the first part and Aaron Belknap of the Town of Newburgh in said County of Orange of the second part. Whereas John Patterson of said town of Monroe and Rachel his Wife and by a certain Indenture of Mortgage bearing date the fifteenth day of February in the year one thousand eight hundred and twelve for and in consideration of the sum of seven hundred and fifty dollars to them in hand paid by John Smith then of the said town of Monroe grant, bargain, sell, alien, release and confirm unto the said John Smith and unto his heirs and assigns forever All that certain piece or parcel of land situate in the said town of Monroe, County of Orange, State of New York and is part of Lot number Ttwenty four commonly called the Parsonage lot in Cheesecocks Patent and is bounded as follows: Beginning at a heap of stones at the northerly corner of said lot number twenty four and running thence South forty-nine Degrees East Tewnty-five chains to a heap of stones at the corner of that part of the same Lot belonging to John McKelvy Junior, and running thence along his line South Forty-one Degrees West Thirty chains to the line of the Lot commonly called the Chestnut Ridge Lot, thence along the same North Forty-nine Degrees West twenty-five chains to the West corner of the said lot Number twenty four, Thence North Forty-one Degrees East thirty Chains to the place of Beginning. Containing Seventy five acres be the same more or less together with all and singular the advantages, hereditaments, appurtenances, and whatever the same belonging to or in any way appertaining. To have and to hold all and singular the said granted premises with the appurtenances unto the said John Smith his heirs and assigns to the only proper use and behoof of the said John Smith his heirs and assigns forever. Provided always and the said Indenture of Mortgage was thereby declared to be upon the exprop condition never the less that if the said John Patterson his heirs executors or administrators should well and truly pay the annual sum of one hundred and twenty five Dollars each year until the above sum of seven hundred and fifty dollars should be paid with the annual interest from the first day of May the next according to the true intent and meaning of Six certain _?_ or obligations bearing even date with the said Indenture of Mortgage then the said Obligation and the said Indenture of Mortgage should be Void and of none effect and the said John Smith, or for his heirs and executors and administrators and covenant, grant and agree to and with the said john smith his heirs and assigns that if in case it should so happen that the said sum of Seven hundred and fifty Dollars with the interest ever to become due or any part thereof should become due but unpaid, that then and in such case it should and might be lawful for the said John Smith his heirs or assigns to grant bargain sell and dispose of the said premises above mentioned or any part thereof at Public Vendue or otherwise as it should seem meet, to any person or persons and for such sum or sums of money as might be reasonably had for the same. And out of the monies arising or to arise by the Sale or Sales thereof, to retain and keep in their hands the Said Sum of Seven hundred and fifty Dollars and the interst that might be due thereonto. With the Costs and charges of Such Sale or Sales rendering the surplus (if any be) to the said John Patterson, his heirs executors or administrators which Sale or Sales to be made by virtue of the Said Indenture of Mortgage. Should be an absolute and entire heir, both in law and in equity against the said John Patterson his heirs, executors, administrators and assigns and all claims under him, them or any of them and all benefit and equity of redemption of the premises or any part thereof. __ And Whereas the said John Smith on the first day of May in the year one thousand eight hundred and twelve by a deed of assignment duly made and executed and endorsed on the back of the said Indenture of Mortgage assigned the same to the said Hophni Smith for the uses and purposes therein mentioned. And Whereas also the said John Patterson did not pay to the said John Smith or to the said Hophni Smith the expense as aforesaid of the said John Smith the said sum of money with the interest at the time cited for the payment thereof or at any time since, and the said party of the first part hath therefore in pursuance of the authority and assignment so given to him as aforesaid, and according to the Statute in Such case made and provides, caused the premises to be advertised and Sold at Public Auction, and the same has been struck off, to the said Aaron Belknap for the sum of Nine Hundred Dollars being the highest sum for the same. Now therefore this Indenture Witnesseth the said party of the first part, in pursuance of the Power and Statute aforesaid and also in consideration of the said Sum of Nine Hundred Dollars to him in hand paid the said party of the second part at or before the ensealing and delivery hereof. The receipt whereof is herby acknowledged, hath granted, bargained, aliened, released, conveyed and confirmed and by these presents Doth grant, bargain, sell, alien, release and confirm unto the said Aaron Belknap and to his heirs and assigns forever All the farm piece or parecel of land above mentioned and described. Together with the hereditaments and appurtenances as the same is bought and conveyed in law, the Indenture of Mortgage and also the lot, right, title, interest, claim and demand at law and equity of him the Said party of the first part of the Said John Smith and also of the Said John Patterson and Rachel his wife as per forth as the Said party of the first part hath power to grant and convey the same of in and to the premises and every part and parcel thereof. To have and to hold the Said above granted and bargained premises with the appurtenances unto the said Aaron Belknap his heirs and assigns to the Sole and only proper use and behoof of the said Aaron Belknap his heirs and assigns forever. In Witness whereof the parties have hereunto Set their hands and Seals the day and Year first above written. Hophni Smith by his attorney Archibald Smith. Sealed and delivered in the presence of S Sleight. Orange Count SS. On the Seventeenth day of September in the Year 1823 before me the undersigned one of the Judges of the Court of Common Pleas in and for the County of Orange personally appeared Archibald Smith to me known to be the same person described and who executed the above and who acknowledged before me that as the attorney for and in behalf of and in the name of Hophni Smith he executed the above Deed. S Seight. Additional Comments: 8 May 1823 Orange Co NY Deed Lib AA 250 for Hophni Smith assignee for John Smith by Archibald Smith to Aaron Belknap.(Land seized for non payment by John Patterson).