Westmoreland County PA Archives Deed.....McElwain, Andrew (wife) Hazlett - Hoy, James + (sister) Ann May 8, 1837 ************************************************ 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: Virginia Crilley http://www.genrecords.net/emailregistry/vols/00003.html#0000642 December 25, 2024, 8:06 pm Written: May 8, 1837 Image 176 of 327 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSNP-MF2K?view=fullText&keywords=Ho y%2CWestmoreland&groupId=M9ZG-J16 Deed Francis Kearnes et ux May 8 1837 To Andrew & Hazlett McElwain This Indenture made the Eighth day of May (8 May 1837 in the year of our Lord one thousand Eight hundred and thirty seven Between FRANCIS KEARNES OF WASHINGTON TOWNSHIP WESTMORELAND COUNTY and State of Pennsylvania , Yeoman , and ELIZABETH his wife of the one part And ANDREW & HAZLETT MCILWAIN of Franklin Township County and State aforesaid , yeomen of , of the other part. Whereas the Commonwealth of Pennsylvania by patent bearing date the 13th day of April A. D . 1829 for the consideration therein mentioned did grant and confirm unto JAMES HOY and [sister] ANN HOY a certain tract of land and to their heirs and assigns as appears per patent Enrolled in patent book H. Vol 27 page 66 of which said tract the hereafter described premises is a part (having a reference to the above recited title it will more fully and at large appear) together with all and Singular the rights, privileges hereditaments and appertenances thereto belonging and the remainders rents issues and profits thereof and also all the [next page] 348 88 Estate right title interest property claim and demand whatsoever of them the said James Hoy and Elenor his wife and the said Ann Hoy in law or Equity or otherwise howsoever of in and to the same or any part thereof To have and to hold the hereinafter described tract of land hereditaments and premises hereby granted and sold with the appurtenances unto Francis Kearnes and his heirs and assigns forever and the said James Hoy and Ellenor his wife and the said Ann Hoy for themselves their heirs Executors and administrators do hereby Covenant promise Grant and agree to and with the Said Francis Kearns his heirs and assigns by these presents that they the said James Hoy and Ellenor his wife and the said Ann Hoy the hereafter described premises hereby granted and sold with the appurtenances unto the said Francis Kearns . his heirs and assigns against the said James Hoy and Ellenor his wife and against the said Ann Hoy and their or any of their heirs and against Every other person or persons lawfully claiming or to claim the same or any part thereof shall and will warrant and forever Defend by these presents. Witnesseth that the said Francis Keames and Elizabeth his wife for and in consideration of the sum of Seven hundred and fifty dollars($750) to them in hand paid by the said Andrew and Hazlett McEwain at and before the Ensealing and delivering hereof the receipt hereof they do hereby acknowledge , and thereof acquit , and forever discharge the said Andrew and Hazlett McElwain their heirs Executors and Administrators by these presents have granted bargained Sold alienated Enfeoffed released and confirmed and by these presents do grant bargain Sell Alien Enfeoff release and confirm unto the said Andrew & Hazlett McElwain and to their heirs and assigns . all that messuage and tract of land Situate in Franklin township County & State aforesaid bounded as follows viz Beginning at Stones thence by land of JOHN CAMPBELL North fourteen and a half degrees West one hundred and Nineteen perches to a dogwood thence by other land of which this is a part South thirty seven degrees West Sixty five perches to a White Oak thence South thirty eight degrees West Eighty one perches and eight tenths to a Cherry thence South forty four degrees West One hundred and fifteen perches to Stones thence South Eleven degrees East twenty twdogwood o and one tenth perches to a hickory thence South two Enty five degrees West thirty two perches to Stones thence by land of JOHN BACUM and HENRY GOOD South Sixty Eight and a half degrees East ninety three and a half perches to Stones and thence by land of PHILIP KIESTER North Seven degrees East one hundred and Seventy perches to the place of Beginning Containing [87.25]Eighty seven Acres and a quarter Strict measure Together with all and Singular other the houses out houses buildings barns Stable way woods waters water courses , rights liberties privileges herediments and appurtenances whatsoever thereunto , belonging or in anywise appertaining and the reversions and remainders , rents issues and profits thereof and also all the estate , right title interest property claim and demand whatsoever of them the said Francis Keames and Elizabeth his wife in law Equity or otherwise howsoever of in to or out of the Same To have and to hold the said messuage or tenement and tract of Eighty Seven and a fourth acres of land hereditaments and premises 349 88 hereby granted or mentioned or intended so to be with the appurtenances unto the said Andrew & Harlett McElwain their heirs and assigns to the only proper use and behoof the said Andrew and Harlett McElwain their heirs and assigns forever . And for the true performance of all and Every the covenants and agreements aforesaid Each of . the parties bind themselves their heirs Executors and administrators unto the other heirs Executers and Administrators in the penal sum of Two Thousand Dollars firmly by these presents . In Witness Whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written signed Francis Kearns, Elizabeth Kearns [seals] Sealed and delivered in presence of John Reed William Keogh John Reed Received on the day and date of the above written indenture of the above named Andrew and Hazlett McElwain the sum of ($750)Seven hundred and fifty dollars in full of the consideration money for the above granted premisis Francis Kernes Westmoreland County SS The 8th day of May 1837 personally appeared before me the subscriber one of Justices of the Peace in and for the County aforesaid the above named Frances Kearns and Elizabeth his wife & acknowledged the above Indenture to be their & each of their act and deed and devised the Same as Such might be recorded according to law she the said Elizabeth being of lawful age : Separate & apart from her said husband by me Examined and the full contents of said Indenture to her made known therein she did declare that she did voluntarily and of her own free will and accord ___ and as her act and deed deliver the same without any coercion or compulsion of her said husband whatever In testimony whereof I have hereto set my hand and seal the day and year last above written . John Reed Note: 1)This is same land Frances Kearns bought from James Hoy and his sister Ann for $250 May 13 1829. Now sells it for $750.00. 2)Elizabeth his wife. We believe this Frances Kearns first married Elizabeth Hoy, sister to James and Ann. There is a Frances Kearns (Karns) buried in Poke Run Cemetery 1844, with wife Elizabeth Moats. We suppose this to be his 2nd wife after Elizabeth Hoy may have died, but don't have any proof. File at: http://files.usgwarchives.net/pa/westmoreland/deeds/hoy607gdd.txt This file has been created by a form at http://www.genrecords.org/pafiles/ File size: 7.5 Kb