Deed and Mortgage between Loammi Towner
and Luman Squire
1833

Transcribed and contributed by Jackie Towner


This indenture made the twenty-first day of September in the year of our Lord one thousand eight hundred and thirty three, Between Loammi Towner of the town of Lexington in the county of Greene and state of New York of the first part and Luman Squire of the same place of the second part. Witnesseth that the party of the first part for and in consideration of the sum of one hundred and ninety dollars money of the United States to him in hand paid by the party of the second part before the delivery of these presents the receipt whereof  is hereby  acknowledged, have granted, bargained, sold, released, conveyed, and assured, and by these presents do grant, bargain, sell, release, convey and assure unto the said party of the second part his heirs and assigns forever, All that certain piece or parcel of land situate lying and being in the town of Lexington aforesaid being a part of lot No. 23 of Day’s patent and bounded as follows beginning at a stake and stones standing in the north line of said lot 12 chains and 50 links from the northeast corner thereof runs thence south 29 degrees 30 minutes West 40 chains and 8 links to a birch corner tree standing in the south line of said lot thence along said line North 57 degrees West 9 chains to a stake and stones thence north  26 degrees 30 minutes east 40 chains and 25 links to a stake and stones in the north line of said lot thence along the said north line South 57 degrees east 11 chains to the place of beginning containing 40 acres be the same more or less excepting and reserving thereout  the Grist mill and Saw mill standing on the said lot together with the land occupied thereby and so much land around the same not exceeding five acres for yards, ways and water privileges as may be necessary for the perfect enjoyment of the said mills or any other mills which may be erected on the said five acres. And also one other piece or parcel of land being a part of the said lot 23 whereon the dwelling house of  said Loammi Towner now stands and the rents, issues and profits thereof and all the estate, right, title, claim or demand either in law or equity of the said party of the first part or either of them of in or to the same to Have and to Hold the above described premises with the privileges and appurtenances and every of them unto the said party of the second part his heirs and assigns to his and their proper use and benefit forever and the party of the first part for himself, his heirs, executors, and administrators does covenant and agree to and with the said party of the second part  his heirs and assigns that the above described and released premises are entirely free and clear of all or any encumbrances or changes  whatsoever and also that the said party of the first part has good right and lawful authority to grant and assure the same to the said party of the second part his heirs and assigns in manner aforesaid provided always and these are upon the express condition that if the said party of the first part or his legal representatives shall and do pay unto the said party of the second part his heirs or assigns the sum of one hundred and ninety dollars with the annual interest thereon in one year from the date hereof according of a note or obligation bearing even date with and accompanying these presents that then these presents and the said note or obligation shall be void and effect that if default shall be made in the payment of the said sum of one hundred ninety dollars or any part thereof at the time when the same ought to be paid as above mentioned that then in that case it shall be lawful for the said party of the second part his executors administrators or assigns to sell and dispose of the premises above described with the appurtenances at public vendue and upon such sale  to execute and deliver to the purchaser his heirs or assigns a sufficient deed of conveyance therefore pursuant to the statutes in such case made and provided and the overplus money if any there be after deducting all the moneys due with the interest and all costs charges and expenses of such vendue and conveyance shall when demanded be paid to the said party of the first party his heirs or assigns.

In witness whereof the said party of the first part has hereunto set his hand and seal the day and year first above written.
  
                                                                      Loammi Towner

Sealed and delivered in presents of: Lucius Robinson
  
                                                                         Abell Darrow

  

Whereas Loami Towner of Lexington in the county of Greene and state of New York did on the twenty first day of September the year of our Lord 1833 to secure the payment of the sum of one hundred and ninety dollars with the interest thereof by ___ of mortgage grant and convey unto Luman Squire of the same place all that certain piece or parcel of land lying in the town of Lexington aforesaid being a part of lot #23 of great lot #22 of the Hardenburgh Patent and bounded as follows beginning at a stake and stones standing in the north line of said lot twelve chains and fifty links from the corner thereof runs thence south twenty nine degrees thirty minutes west forty chains and eight links to a birch corner tree standing on south line of said lot thence along said line  north fifty seven degrees west nine chains to a stake and stones thence north twenty one degrees thirty minutes east forty chains and twenty five links to a stake and stones on north line of said lot thence along said north line south fifty seven degrees east eleven chains to place of beginning containing forty acres be the same more or less excepting and reserving therefrom the grist mill and saw mill standing on the said lot together with the land occupied thereby and so much land around the same not exceeding five acres for yard ways and water privileges as may be necessary for the purfect enjoyment of the said mills or any other mills which may be erected on the said five acres and also one other piece or parcel of land being a part of said lot #23 whereon the dwelling house of said Loami Towner now stands and bounded as follows beginning at a stake and stones  west of said dwelling house and running thence  south 57 degrees and 30 minutes east 5 chains 69 links to a stake thence north 33 degrees east 2 chains 91 links to the highway thence along the same north  30 degrees west 6 chains 25 links  thence south 26 degrees 30 minutes east 75 links to the place of beginning containing one acre 9 rods of ground  which mortgage was recorded in the clerk’s office in the county of Greene on the 12th day of November 1833 in book M of mortgages on page 256 upon which mortgage there remains due on the first day of the publication of this notice the sum of two hundred and six dollars and eighteen cents and whereas default has been made in the payment of the money due upon the mortgage specified notice is therfore hereby given that by virtue of the power  in said mortgage contained and the statute in such as made and provided the land above described will be sold at public auction at the house of Silas Greene in the town of Lexington the county aforesaid on the eighteenth day of May next at two o’clock PM of that day dated November 28 1834                                            Luman Squire, Mortgagee 

Recorded May 21st 1835 at 12 o’clock noon
William B Hermance clerk


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