Huntingdon-Blair County PA Archives Deed.....Johnston, James - Penn The Younger And Elder, William December 27, 1793 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/pafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Jan Kuhn kuhn_j@firn.edu August 4, 2012, 3:04 pm Tyrone Twp, Huntingdon County Written: December 27, 1793 Recorded: April 7, 1794 Huntingdon County PA Deed Book D-1 pages 580-582 Deed John Penn Jun & John Penn Sr to James Johnston This Indenture made the twenty seven day of December in the year of our Lord One Thousand seven hundred and ninety three between the honorable John Penn the Younger Esquire one of the late proprietaries of Pennsylvania by Anthony Butler of the City of Philadelphia in the Commonwealth of Pennsylvania gentleman his attorney duly constituted by Letter of Attorney under his hand and seal for this special purpose executed bearing date the twenty ninth day of April in the year of our Lord one thousand seven hundred and eighty eight recorded at Philadelphia in letter of Attorney Book No. 2 page 368 and the honorable John Penn the elder Esquire the other of the late proprietaries of Pennsylvania by the said Anthony Butler his attorney duly constituted by Letter of Attorney for this special purpose executed bearing date the eighth day of October one thousand seven hundred and ninety two intended to be recorded at Philadelphia aforesaid of the one part and James Johnston of Tyrone Township in the County of Huntingdon in Pennsylvania aforesaid Yeoman of the other part. Witnesseth that the said John Penn the Younger and John Penn the Elder by their said attorney Anthony Butler for in consideration of with of the sum of one hundred and fifty seven pounds nine shillings and seven pence current money of Pennsylvania in specie unto the said Anthony Butler for the use of his constituents by the said James Johnston at or before the sealing and delivery being well and truly paid the receipt whereof is hereby acknowledged as of the covenants and agreements herein after contained on the part of the said James Johnston his heirs and assigns to be observed Have granted bargained sold released and confirmed and by these presents do grant bargain sell alien release and confirm unto the said James Johnston and to his heirs and assigns a certain Tract of piece of land situate in Tyrone Township in the County of Huntingdon aforesaid being part of the said late proprietaies manor of Sinking Creek Valley and the lot marked in the general plan thereof No. 30 Beginning at a white oak thence by Lot No. 33 south fifty degrees East sixty eight perches to a post thence by Lot No. 49 North thirty five degrees East one hundred and two perches to a white oak thence by lot No. 48 north twenty eight degrees west fifty one perches to a white oak north forty six degrees east seventy two perches to a hickory thence partly by the same & partly by the Pine Hill North four degrees west one hundred and five perches to a white oak thence by the Pine Hill North fifty five degrees west ninety six perches to a white oak and south fifty nine degrees West eighty seven perches to a white oak thence by James Moors Lot No. 39 south thirty two degrees west eleven perches to a post south forty six degrees east thirty perches to a post south sixteen degrees west forty eight perches to a black oak and south three degrees East ninety eight perches to the place of beginning containing two hundred & seven acres and ten perches and allowances Together with all and singular the ways woods waters water courses rights liberties privileges hereditaments and appurtenances whatsoever thereunto belonging or in anywise appertaining and the reversions remainders rents issues and profits thereof and all the Estate Right title interest property claim and demand whatsoever of them the said John Penn the Younger and John Penn the Elder respectively as will at law as in equity of in and to the same Excepting and reserving nevertheless out of this present Grant to and for the only use and behoof of the said John Penn the Younger and John Penn the Elder their heirs and assigns all mines minerals ores and metals whatsoever which may or shall hereafter be found to be in or upon the tract of land hereby granted and also excepting and reserving to the said John Penn the Younger and John Penn the Elder their heirs and assigns the full free and perfect liberty of ingress, egress and regress into upon over and from the said tract of land to search for dig find and raise … ores minerals and metals and to erect any house buildings or works upon the said land which may or necessary for the smelting melting or refining the same and to carry them away they the said John Penn the Younger and John Penn the Elder their heirs and assigns doing nevertheless as little damage and creating as little inconvenience to the said James Johnston his heirs and assigns as possible in exercising their reserved rights liberties and privileges. To Have and to Hold the said tract or piece of land hereditaments and premises hereby granted with with (sic) the appurtenances (excepting and reserving as before accepted & reserved) unto the said James Johnston his heirs and assigns to and for the only proper use and behoof of the said James Johnston his heirs and assigns forever yielding and paying therefore unto the said John Penn the Younger and John Penn the Elder their heirs and assigns the yearly quit rent of one hopper corn on the first day of March in each and every year hereafter forever if demanded. And the said James Johnston for himself his heirs and assigns doth covenant promise and agree to and with the said John Penn the Younger and John Penn the Elder their heirs and assigns by these presents that he the said James Johnston his heirs or assigns or any or either of them shall and will not at anytime hereafter forever dig or raise or cause to be dug or raised or use smelt or refine any ores minerals or metals which shall or may be found on the hereby granted tract of land. And the said John Penn the Younger and John Penn the Elder for themselves their heirs Executors and administrators respectively do by their said Attorney covenant promise and agree to and with the said James Johnston his heirs and assigns by these presents that they the said John Penn the Younger and John Penn the Elder and their heirs respectively the said tract or piece of land hereditaments and premises hereby granted with the appurtenances (excepting and reserving as before excepted and reserved) unto the said James Johnston his heirs and assigns against them the said John Penn the Younger and John Penn the Elder and their heirs respectively and against all and every other person or persons whatsoever lawfully claiming or to claim by from or under them or any or either of them or under any of the former proprietaries of Pennsylvania shall and will warrant and forever defend by these presents. In witness whereof the said parties have interchangeably set their hands and seals hereunto Dated the day and year first above written. John Penn the Younger John Penn the Elder By their attorney Anthony Butler James Johnston Sealed & delivered in the presence of Us by the said Anthony Butler for and on Behalf of his constituents above named. Jas Caldwell Fred Beates Sealed & delivered by the same James Johnston in the presence of us John Spencer John Cadwallander Received the day of the date of the above written Indenture of the above named James Johnston the sum of one hundred and fifty seven pounds nine shillings and seven pence in specie being the full consideration money above mentioned by me. Anthony Butler atty for John Penn Jr & John Penn The thirtieth day of December A.D. 1793 before me the subscriber one of the associate Judges of the Court of Common Pleas of the County of Philadelphia came Frederick Beates of the City of Philadelphia … and upon his solemn oath according to law did depose and say that he was present and did see the above named Anthony Butler sign seal & as his act and deed and as the act and deed of his constituents the above named John Penn the Younger & John Penn the Elder respectively delivered the above written indenture for the purpose therein mentioned that he did also see James Cadwallander subscribe his name as a witness to the execution thereof and that the name Fred Beates thereunto also subscribed as witness is of his own handwriting witness my hand and set the day and year aforesaid. Fred Beates Sworn and subscribed before me J. B. Smith The seventh day of April A.D. 1794 before me Benjamin Elliot Esquire one of the associate Judges of Huntingdon came the above named James Johnson & acknowledged the above written Indenture to be his act and deed desiring it may be recorded as such. Witness my hand & seal the day & year aforesaid. Beates Elliot This file has been created by a form at http://www.genrecords.org/pafiles/ File size: 9.3 Kb