DEED: John/Susannah Smith - John McGarrah, Jr.;  Orange co., NY

submitted by Lil Heselton (lhess at shaw.ca) 
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Submitted Date: August 27, 2005
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Written: April 30, 1811
Recorded: July 18, 1811

Orange County: On the 23rd of April 1811 personally appeared before me Nathan 
H White, first Judge of the Court of Common Pleas for said County, John Smith 
and Susannah Smith, the within grantors, to me known to be the same persons 
described and who executed this indenture, who acknowledged they duly executed 
the same and the said Susannah, being examined by me separate and apart from 
her husband acknowledged she executed the same on her part freely and 
voluntarily and without an fear or compulsion from her husband as her free act 
and deed. I therefore allow it to be recorded. Nathan H White.

Whereas I Hophni Smith have and hold a Mortgage executed by Obadiah Cunningham 
and Julia, his wife, bearing date the first day of April in the year one 
thousand seven hundred and ninety five on a certain Lot of Land containing two 
hundred and fifty acres reference being had to the said mortgage on the 
registry thereof the same will more fully appear. And whereas since the making 
and Executing the said mortgage my nephew John Smith hath purchased and become 
the owner and proprietor of the mortgage, premises of which the Lot or piece 
of land and premises within mentioned and described are a part, and I being 
well satisfied that the lands and tinsmiths contained in said mortgage 
exclusion of the said within mentioned and described Lot of Land and premises 
are a sufficient and complete security to me for the monies due or to become 
due and secured to be paid by the said mortgage and also being desirous to 
enable my Nephew the said john Smith to give to the said john McGarrah Junior 
a title clear of and from  the said mortgage have agreed and consented to 
release unto John McGarrah Junior the premises to him conveyed by my Nephew 
John Smith. Now therefore do I by these presents remise release and discharge 
the withinf described Lot of land and premises of and from the said mortgage 
and of and from my claim or demand of me the said Hophni Smith either in Law 
or in Equity unto the said john McGarrah Junior his heirs and assigns forever 
to have and to hold unto the said John McGarrah Junior, his heirs and assigns 
forever free and clear of and from the said Mortgage any thing therein 
contained and the contrary notwithstanding. In testimony whereof I have 
hereunto set my hand and seal this thirtieth day of April in the year of our 
Lord one thousand eight hundred and eleven. Hophni Smith (seal)
Sealed and delivered in the presence of Nathan H White William Satterly
Orange county On the 23 May 1811, personally came before me Nathan White first 
Judge of the Court of common Pleas for Said county, Hophni Smith, to me 
personally known, who acknowledged he signed the release on this Indenture for 
the uses and purposes therein mentioned. I therefore allow it to be recorded. 
Nathn h White

A true record entered the Eighteenth day of July 1811 by Hopkins, Clerk

Additional Comments:
John and Susannah Smith are the neice nephew of Hophni and bought the mortgage 
for the land from Hophni. This is the formal release of his right to the 
mortgage of Obadiah Cunningham and Julia his wife  first held by Hophni now 
John Smith so they can sell to McGarrah the land that I assume has been 
repossessed.