DEED: Jacob EBERLY to John GSELL, 1829, Cocalico Township, Lancaster County, PA File contributed for use in USGenWeb Archives by: Vicki Hutchison vickihutchison@earthlink.net February 12, 2009, 4:53 pm Copyright 2009. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/lancaster/ _______________________________________________ Lancaster County, Pennsylvania Deed Book O5, page 71-73 Cocalico Township Written: November 6, 1829 Recorded: November 25, 1829 Jacob Eberly to John Gsell } THIS INDENTURE made the sixth day of November in the year of our Lord one thousand eight hundred and twenty nine Between Jacob Eberly of Cocalico Township in the County of Lancaster and Commonwealth of Pennsylvania Cordwainer and Elizabeth this wife of the one part and John Gsell Senior of the Same place aforesaid yeoman of the other part. WITNESSETH that the said Jacob Eberly and Elizabeth his wife for and in consideration of the sum of one hundred and fifty dollars lawful money of the Untied States to them in hand well and truly paid by the said John Gsell Senr at and before the ensealing and delivery hereof the receipt whereof they do hereby acknowledge and thereof do acquit and forever discharge the said John Gsell Senr his heirs executors and administrators by these presents have granted bargained Sold aliened enfeoffed released and confirmed and by these presents do grant bargain sell alien enfeoff release and confirm unto to said John Gsell senr and to his heirs and assigns all that Certain piece and tract of Land Sutuated lying and being in Cocalico Township in the County of Lancaster aforesaid Bounded and described by the lines and courses as follows to wit BEGINNING at a stone thence by land of Jonathan Minnich South thirteen degrees and a half of a degree west twenty seven perches and one quarter of a perch to a post thence by land of Joseph Yackey and Hordings land north eighty one degrees and three quarters of a degree west forty nine perches to a stone thence by Lands of Elizabeth Eberly north thirteen degrees and a half of a degree east thirthy two perches and a half of a perch to a stone thence by the same along in the said wad? North Seventy five degrees west Sixteen perches and a half of a perch to a Stone thence by other land of the Said Jacob Eberly north twenty degrees east Seventeen perches and a half of a perch to a Sone thence by the same south eighty eight degrees east thrity six perches and eight tenths of a perch to a sonte thence by the same South one degree east Sixteen perches and a half of a perch to a Stone thence by the same south twenty eight degrees east Seven perches to a stone thence by the same South sixty two degrees and a quarter of a degree east nineteen perches to the place of BEGINNING Containing fifteen acres strict measure. It being part and parcel of a larger piece and tract of Land containing twenty four acres and Sixteen perches Strict measure which Philip Fisher and Barbara his wife by their indenture bearing date the Seventeenth day of May Anno Domini one thousand eight hundred and twenty Six for the consideration therein mentioned did grant and confirm unto the said Jacob Eberly (party hereto and to his heirs and assigns forever as in and by the said in part recited indenture relation being thereunto had will more fully and at large appear.) And also the said Jacob Eberly by this present grant doth grant unto the said John Gsell Senr a wagon road through his other land along the line of the said Elizabeth Eberly for the use of the said John Gsell Senr his heirs and assigns forever of sufficient width to pass and repass with horses and wagon &c without the least interruption or molestation of him the said Jacob Eberly his heirs or assigns. Together also with all and singular the houses outhouses barns stables gardens orchards meadows fields fences ways woods waters water courses rights liberties privileges hereditaments and appurtenances whatsoever thereunto belonging or in any wise appertaining excepting and reserving nevertheless out of this present grant a wagon road along the Swamp line of sufficient width for the use of the heirs of Jacob Eberly dec’d & their heirs and assigns forever and the reversions and remainders rents issues and profits thereof and also all the estate right title interest use trust property possession claim and demand whatsoever of them the said Jacob Eberly and Elizabeth his wife in law or equity or otherwise howsoever of into or out of the same. To have and to hold the said piece or tract of Land containing fifteen acres strict measure hereditaments and premises hereby granted and released or mentioned or intended so to be with the appurtenances unto the said John Gsell Senr his heirs and assigns To the only proper use and behoof of him the said John Gsell Senr his heirs and assigns forever. And the said Jacob Eberly for himself his heirs executors and administrators doth convenant promise grant and agree to and with the said John Gsell Senr his heirs and assigns on these presents that the said Jacob Eberly and his heirs the said above mentioned and described piece or tract of Land containing fifteen acres strict measure hereditaments and premises hereby granted and released or mentioned or intended so to be with the appurtenances unto the said John Gsell Senr his heirs and assigns against them the said Jacob Eberly and Elizabeth his wife and their heirs and against all an every other person and persons whomsoever lawfully claiming or to claim the same or any part or parcel thereof my them or under him them or any of them or either of them shall and will defend and forever defend by these presents. In Witness thereof the said parties to these presents have hereunto interchangeably set their hands and seals dated the day and year first above written. Jacob Eberly {seal} Elizabeth her X mark Eberly {seal} Sealed and delivered in the presence of us} Henry Muma Samuel Eberly } Received the day of the date of the above written indenture of and from the avoe named John Gsell Senior the sum of one hundred and fifty dollars lawful money of the United State in Gold or Silver money it being the consideration money mentioned in full. Jacob Eberly Witness present at signing } Henry Muma Samuel Eberly } Lancaster County SS: Be it remembered that on the sixth day of November Anno Domini 1829 before me Samuel Eberly Esquire one of the Justics of the peace in and of the said county personally came the above named Jacob Eberly and Elizabeth his wife and acknowledge the above indenture to be their act and deed and desired that the same might be recorded as such recording to Law the said Elizabeth by me in due form of law examined Separate and apart from her said husband and the full contents of the above deed being by me first made known to her the said Elizabeth upon such separate examination as aforesaid declared that she did voluntarily and of her own free will and record seal as her act and deed deliver the said deed without any coercion or compulsion of her said husband. In testimony whereof I have hereunto set my hand and seal the day and year above written. Samuel Eberly {seal} Recorded November 25th Anno Domini 1829 Henry Hibshman