Philadelphia County PA Archives .....Deed between Nathan S. & Lavinia L. SMITH and John BRANSON, September 28, 1849 ************************************************ 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: Ray Rhoads rhodoray@bellsouth.net December 14, 2008, 3:46 pm Written: September 28, 1849 Recorded: September 28, 1849 This Indenture made the twenty eighth day of September in the year of our Lord one thousand eight hundred and forty nine Between Nathan S. Smith of the Northern Liberties in the County of Philadelphia Shoe Dealer and Lavinia L. his wife of the one part and John Branson of the district of Spring Garden in the said County of Philadelphia Cordwainer of the other Part. Witnesseth that the said Nathan S. Smith and Lavinia L. his wife as well for and in consideration of the sum of one dollar lawful money unto them at or before the sealing and delivery hereof by the said John Branson well and truly paid the receipt whereof is hereby acknowledged as of the payment of the yearly rent and taxes and performance of the covenants and agreements hereinafter mentioned which on the part of the said John Branson his heirs and assigns is and are to be paid and performed. Have granted bargained sold aliened enfeoffed released and confirmed and by these presents do grant bargan sell alien enfeoff release and confirm unto the said John Branson his heirs and assigns all that certain Lot or Piece of ground with the buildings thereon erected. Beginning at the North West corner of Poplar Street and Tyler Street in the district of Spring Garden aforesaid and thence extending Westward along said Poplar Street Eighteen feet ten inches and three eights of an inch thence northward at right angles with said Poplar Street by other ground of the said Nathan S. Smith Sixty Seven feet and eleven inches thence eastward by the same Eight feet Ten inches and three eighths of an inch to said Tyler Street thence Southward along the west line of the said Tyler Street Sixty nine feet and eleven inches to the place of beginning. Being the same Lot or piece of ground with the buildings thereon erected which the said John Branson and wife by Indenture bearing even date herewith executed immediately before these presents and intended to be herewith Recorded granted and conveyed unto the said Nathan S. Smith in fee Subject to the payment of a yearly Rent charge or ground Rent of Forty Seven dollars and twelve cents unto Jesse White his heirs and assigns in equal half yearly payments as therein mentioned which yearly rent charge or ground rent the said Jesse White and wife by deed Poll also bearing even date herewith endorsed on the original ground rent deed and intended to be herewith recorded granted released and extinguished unto the said Nathan S. Smith his heirs and assigns forever. Together with all and singular the Buildings Improvements ways streets alleys passages waters water courses rights liberties privileges hereditaments and appurtenances whatsoever unto the said hereby granted premises belonging or in any wise appertaining and the reversions and remainders thereof. To have and to hold the said described Lot or piece of ground hereditaments and whatsoever unto the said hereby granted premises belonging or in any wise appertaining and the reversions and remainders thereof. To have and to hold the said described Lot or piece of ground hereditaments and premises hereby granted with the appurtenances unto the said John Branson his heirs and assigns to and for the only proper use and behoof of the said John Branson his heirs and assigns forever Yielding and Paying therefore and thereout unto the Nathan S. Smith his heirs and assigns the yearly rent or sum of Forty Seven dollars and twelve cents lawful Silver money of the United States of America each dollar weighing Seventeen pennyweight and Six grains at least in equal half yearly payments on the first day of the months of January and July in every year hereafter for ever without any deduction defalcation or abatement for any taxes charges or assessments whatsoever to be assessed as well on the said hereby granted Lot as on the said yearly rent hereby and thereout reserved the first half yearly payment thereof to be made on the first day of January one thousand eight hundred and fifty. And on default of paying the said yearly rent on the days and times and in manner aforesaid it shall and may be lawful for the said Nathan S. Smith his heirs and assigns to enter into and upon the said hereby granted premises or any part thereof and into the buildings thereon erected or to be erected and to distrain for the said yearly rent so in arrears and unpaid and to proceed with and sell such distrained goods and effects according to the usual course of distresses for charges. But if sufficient distress cannot be found upon the said hereby granted premises to satisfy the said yearly rent in arrears and the charges of levying the same then and in such case it shall and may be lawful for the said Nathan S. Smith his heirs and assigns into and upon the said hereby granted Lot and all improvement wholly to reenter and the same to have again reposses and enjoy as in his and their first and former estate and title in the same and as though this Indenture had never been made. And the said John Branson for himself his heirs, executors, administrators and assigns doth covenant, promise and agree to and with the said Nathan S. Smith his heirs and assigns by these presents that he the said John Branson his heirs and assigns shall and will well and truly pay or cause to be paid to the said Nathan S. Smith his heirs and assigns the aforesaid yearly rent or sum of Forty Seven dollars and twelve cents lawful silver money aforesaid on the days and times herein before mentioned and appointed for payment thereof without any deduction defalcation or abatement for any taxes charges or assessements whatsoever it being the express agreement of the said parties that the said John Branson his heirs and assigns shall pay all taxes whatsoever that hereafter be laid levied or assessed by virtue of any laws whatever as well on the said hereby granted Lot and buildings thereon erected or to be erected as on the said yearly rent now charged thereon. Also that he the said John Branson his heirs and assigns shall and will within_____ from the date hereof erect and build on the said hereby granted Lot _______ to secure the said yearly rent hereby reserved. Provided always nevertheless that if the said John Branson his heirs or assigns shall and do at time within Eight years from the Sixteenth day of April last past pay or cause to be paid to the said Nathan S. Smith his heirs or assigns the sum of Seven hundred and eighty five dollars and one third of a dollar lawful money aforesaid and the arrearages of the said yearly rent to the time of such payment then the same shall for ever thereafter cease and be extinguished and the convenient for payment thereof shall become void and then he the said Nathan S. Smith his heirs or assigns shall and will at the proper costs and charges in the law law of the said grantee his heirs or assigns seal and execute a sufficient release and discharge of the said yearly rent hereby reserved to the said John Branson his heirs or assigns forever any thing hereinbefore contained to the contrary thereof notwithstanding. And the said Nathan S. Smith for himself his heirs, executors and administrators doth covenant, promise and agree to and with the said John Branson his heirs and assigns by these presents that he the said John Branson his heirs or assigns paying the said yearly rent or extinguishing the same and taxes and performing the covenants and agreements aforesaid shall and may at all times hereafter for ever freely peaceably and quietly have hold and enjoy all and singular the premises hereby granted with appurtenances and receive and take the rents and profits thereof without any molestation interruption or eviction of him the said Nathan S. Smith or his heirs or of any other person or persons whomsoever lawfully claiming or to claim by from or under him them or any of them or by or with his their or any of their act mesons, consent or procurement. In witness whereof the said parties to these presents have hereunto interchangeably set their hands and seals the day and year first above written. Sealed and Delivered Nathan S. Smith - Seal - in the presence of us John Laws Lavinia L. Smith - Seal - Wm. P. Ellis his John Branson X - Seal – Mark On the twenty eighth day of September anno domini 1849 Before me the Subscriber an alderman in and for the County of Philadelphia personally appeared the above named Nathan S. Smith and Lavinia L. Smith his wife and John Branson and in due form of Law acknowledged the above Indenture to be their and each of their act and deed desire the same might be recorded as such. The said Lavinia L. being of full age separate and apart from her said husband by me thereon privately examined and the full contents of the above Indenture being by me first made known unto her did thereupon declare and say that she did voluntarily and of her own free will and accord sign seal and as her act and deed deliver the above Indenture deed or Conveyance without any coersion or compulsion of her said husband . Witness my hand and seal the day and year aforesaid. John Laws - Seal - Ald. Recorded September 28th 1849 Additional Comments: Deed Book GWC – 26, Page 391 This file has been created by a form at http://www.genrecords.org/pafiles/ File size: 9.8 Kb This file is located at: http://files.usgwarchives.net/pa/philadelphia/land/smithbranson.txt