DEED: Hophni Smith - Abner Cunningham; Smith's Clove, 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: 12.0 Kb ************************************************ Written: April 14, 1790 This Indenture made the fourteenth of April in the year of our Lord One thousand Seven Hundred and ninety between Hophni Smith of Smith's Clove, Orange County and State of New York, farmer of the one part and Abner Cunningham of Smiths Clove, Orange County and State of said, merchant of the other part. Witnesseth the latter said Hophni Smith Jr. and in Consideration of the Sum of two hundred and Eighty pounds to him in hand paid by the said Abner Cunningham the Receipt whereof the said Hophni Smith Doth hereby acknowledge and for other good causes him thereunto moving. In the Said Hophni Smith Hath Granted Bargained and Sold Aleined Enfeffed, Released and confirmed and by these presents Doth Grant Bargain and Sell, Alein Enfeff and confirm unto the said abner Cunningham his Heirs and Assigns forever All those two pieces or parcels of land and premises Situate and lying in Smiths Clove aforesaid which are hereinafter mentioned, described and bounded as followeth. That is to say the first piece or parcel of land and premises beginning at the most Westerly corner of a certain lot of Land Commonly known and distinguished upon Col Charles Clinton's Map of Cheesecocks patent by the name of lot number forty three, at a flat rock with stones thereon and went thence as the magnetical Needle points South forty eight Degrees East, six chains and fifty eight links to a white Oak tree Anciently marked with three notched on two sides on the same Course to a white Oak marked with three notches on two sides then the same course to a white Oak marked with three notches on two sides (This is copied as written but I suspect unnecessarily repeated) seven chains and thirty six links; thence the same course thirty four Chains and thirty five links to the Westernmost End of a Rock; thence the same course five chains and thirty four links to Heap of stons lying close to the certain path in the Road which leads from Blooming Grove, along past the house of the said Hophni Smith to the upper parts of the said Smiths Clove; thence as said Road runs North twenty one degrees and forty minutes East thirteen chains and twenty five links; thence North twenty one degrees and twenty minutes East seven chains and twenty eight links; thence North Seven degrees and fifteen minutes West three chains; thence North forty five minutes west five Chains and sixty seven links; thence North four degrees and thirty minutes one chain and fifty nine links; thence North three degrees West three chains and fifteen links; thence North nine degrees and ten minutes west thirteen chains; thence Eighteen degrees and forty five minutes West four chains and forty nine links; thence North Nine degrees West three chains and forty eight links; thence North twenty degrees and fifty minutes West six chains and fifty four links; thence North thirty two degrees West two chains and fifty six links to a Rock and an Oak Bush at the Southeasterly Corner of a Certain small lot of land purchased by Henry Mapes Jun. of the aforesaid Hophni Smith; thence along the bounds of the last mentioned lot t North eighty five degrees and fifteen minutes West, two chains and fifty nine links to a Birch sapling marked for a Corner; thence forty nine degrees West three chains and fifty eight links to a pile of stones in the Northeasterly Corner of the aforesaid lot No. forty three; thence North forty eight degrees West seven chains and thirty eight links to a Poplar tree stand on the Northeast side of a wild Meadow lining (p504) the North Corner of the aforesaid Lot No forty three; thence South forty two degrees West forty six chains and thirty six links to the place of beginning. Containing One hundred and Eighty acres be the sum more or less. The Second piece or parcel of Land and premises above bargained and Sold is Bound as followeth: Beginning at the most southwesterly Corner of a small Lot of Land which the said Abner Cunningham did in years past to Purchase of the said Hophni Smith and whereas the said Abner now lives, at a small apple tree went thence South twenty one degrees and forty minutes East sixty four links to a Stone; thence South fourteen degrees and fifteen minutes East one chain to a stone; thence South fifty three degrees and fifty minutes East one chain and Eighteen Minutes to a stone; thence North thirty degrees and twenty five minutes East One chain and sixty five links to a stone; thence North sixty six degrees West two chains to the place of beginning; Together with all Houses Barns Mills Out Houses Edifices Buildings Orchards Commons, Commons of Pasture Woods Trees waters Water courses Easements profits commodities Advantages and Hereditaments whatever to the said Pieces or Parcels of Lands and premises above bargained and sold or Intended to be belonging in any wise Appurtaining or which to and with the same now are in at any times heretofore have been held and Certified Accepted respected or taken or known as parts parcel or member thereof of any parts thereof. And the Question and Questions, Remainder and remainders, rents, Issues and profits of all and singular the said premises and every Part and Parcel thereof with the Appurtenances And also all the Estate Rights Title Interest Property Claim and demand whatever in Law or Equity of him the said Hophni Smith of in and to all and singular the premises above bargained and Sold and of in and to any part or parcel thereof with the Appurtenances and also all Deed Evidences and Writings touching or concerning the said premises only as only any part therof together with true copies of all other Deeds Evidences and Writing which do Concern the said premises or any part thereof.. Jointly with any other Lands or Tenements now in the custody of the said Hophni Smith or which the case or may come by without Suits in Law or Equity, the same copies be taken made and written at the Proper Costs and Charges of him the said Abner Cunningham, his heirs or Assigns to have and to Hold all and singular the said Messuages or tenements Lands Hereditaments and premises above in and by these presents bargained sold and Confirmed and every part and Parcel thereof with the Appurtenances unto the said Abner Cunningham his heirs and Assigns forever and to and for no other Use interest or purpose whatever (the Quit rents for the State and any former Survey that has been made through any part of the abovesaid lands and premises by the Public for the Use of Highways only Excepted) and he the said Hophni Smith for Himself, his heirs, Executors and Administrators doth Covenant, Grant forever and agree to and with the said Abner Cunningham his Heirs and Assigns that he the said Hophni Smith is the true Lawful and rightful Owner of all and singular the Lands and premises above bargained and sold and every part and parcel thereof with the Appurtenances. And also that he the said Hophni Smith at the time of the sealing and Delivery of these presents is lawfully and rightfully seized in his own right of a good sure perfect Absolute and Indefeasable Estate of Inheritance in Fee Simple of in and to all and Singular the premises above mentioned with the appurtenances without any manner of Condition, Shortage, Limitation of Use or other matter cause or thing whatever to Alter change Charge or Determine the same and also that the said Hophni Smith hath good right full power and sufficient authority in Law to Grant release and confirm all and singular the Lands Tenements Hereditaments and premises above granted and conveyed with the Appurtenances to the said Abner Cunningham his Heirs and Assigns for to the only proper use and behest of him the said Abner Cunningham his Heirs and Assigns forever. According to the true intent and meaning of these presents and also that he the said Abner Cunningham his Heirs and Assigns shall and may at all times forever hereafter peaceably and Quietly hand and Hold, Occupy, Possess and Enjoy all and singular the said land and tenements Hereditaments and Premises with the Appurtenances without the lawful lot of trouble hindrance molestation Interruption Eviction or disturbance of him the said Hophni Smith his Heirs and Assigns or of any other person or persons lawfully Claiming or to claim by from or under him them or any of them. And that freed and discharged otherwise well and sufficiently saved left harmless and indemnified of from and against all former and other Gifts Grants Leins or Mortgages Jointures Mills Entails Fines or Assessments Seizures Extants, Judgments Ejections Rents Charges and of and from all other Estates rights titles Troubles and encumbrances whatever had made committed or done or suffered to be done by the said Hophni Smith or his Heirs or any other person or persons lawfully blaming or to blame by from or under him or them or any of them and lastly it is covenanted and agreed upon by and between the said partied to these presents that the said Hophni Smith with his Heirs and all and every other person or persons and his and their Heirs having or lawfully claiming any estate rights Title or Interest of in and to the said premises above in and by these presents conveyed and confirmed or any parts thereby from or under him, them or any of them shall and will from time to time and at all times hereafter upon the reasonable Request of the said Abner Cunningham, his heirs and Assigns and at the Proper Cost and Charges in the Law of the said Abner Cunningham his Heirs or Assigns make do seal and execute or cause to be made done sealed or executed all and every such other lawful and reasonable Act or Acts dice and Devices Conveyances and Lawyerances in the law whatsoever for the farther Better and more perfect Granting Conveying and Confirming and assuring of all and singular the premises aforesaid with the appurtenances and every part and parcel thereof with the said Abner Cunningham his Heirs and Assigns to the only proper use and benefit of the said Abner Cunningham his Heirs and Assigns forever, as - ?- by the said Abner Cunningham his heirs and assigns or his or their Council Learned in the Law that he reasonably advised devised and required in witness where of the parties hereunto have interchangeable set their hand and seals the day and year as above written with the words (four) interlined between the ninth and tenth lines the words / a Rock and an Oakbush/ between the fifteenth and sixteen lines. The words /three/ between the nineteenth and twentieth lines from the beginning before signing sealing and Delivery in presence of and moreover I the said Hophni Smith for myself Heirs Executors and Administrators do Covenant and Agree to and with the said Abner Cunningham his heirs and Executors and Administrators that I the said Hophni Smith and his heirs shall and will warrant and forever defend the said Abner Cunningham his heirs and Assigns in a Quiet and peaceably possession of the aforesaid bargained premises forever against to all and every person or persons whatsoever claiming or to claim in Testimony whereof the said Hophni Smith hath hereunto set his hand and seal the day first above written. Hophni Smith Signed sealed and Delivered in the presence of us who have presented our hand as witnesses. John Mc Elroy John Hallock Received of the within named Abner Cunningham the sum of two hundred and eighty pounds being in full consideration Money within mentioned received by me the fourteenth day of April one thousand seven hundred and ninety. Hophni Smith John Mc Elroy and John Hallock Witnesses present