Deed
between Elijah Towner and
Loammi Towner
1832
Transcribed and contributed by Jackie Towner
This indenture made the twentieth day of March in the year
of our Lord one thousand eight hundred and thirty two between Elijah Towner of
the town of Lexington county of Greene and state of New York and Luranda his
wife of the first part and Loammi Towner of the place aforesaid of the second
part. Witnessed that the said parties of the first part for and in consideration
of the sum of four hundred dollars lawful money of the United States of America
to them in hand paid at or before the ensealing and delivery of these presents
by the said party of the second part the receipt thereof is hereby acknowledged
and the said party of the second part his heirs executors and administrators for
ever released and discharged from the same by these presents have granted
bargained sold released conveyed and confirmed and by these presents do grant
bargain sell release convey and confirm unto the said party of the second part
and to his heirs and assigns for ever. All that certain piece or parcel of land
lying and being in the town of Lexington aforesaid being a part of lot no. 23 of
Days Patent and bounded as follows. Beginning at a stake and stones standing on
a north line of said lot, 12 chains and fifty 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 on 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 35 links to a stake and stones on the north line
of said lot, thence along said north line north 57 degrees, east 11 chains to
the place of beginning containing forty acres be the same more or less excepting
and reserving these ___ the grist
mill and sawmill standing on said lot together with the land occupied thereby
also so much land around the same not exceeding five acres for yards ways and
water privileges as may be necessary to the full free and perfect enjoyment of
the said mills or of any other mills which may be erected thereon also another
piece or parcel of land being a part of the aforesaid lot no.23 whereon the now
dwelling house of said Loammi Towner now stands bounded as follows beginning at
a stake and stones west of said dwelling house and running thence south 57
degrees 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 80 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 land together with all and
singular tenements, heredemants, and appurtenances whatsoever unto the said
above mentioned and described premises any wise appertaining or belonging and
the revisions and reversions, remainder
and remainders, rents issued and profits thereof and also all the estate right,
title, interest, dower, and right of dower property, claim and demand whatsoever
as well in law as in equity of the said parties of the first part of is unto the
same and every part and parcel thereof with the appurtenances to Have and to
Hold the above granted, bargained and described premises with the appurtenances
unto the said party of the second part his heirs and assigns to their own proper
use and behalf forever and the said Elijah Towner for himself his heirs,
executors and administrators doth covenant, grant, promise and agree to and with
the said party of the second part his heirs and assigns that he the said Elijah
Towner at the time of the sealing and delivery of these presents was lawfully
seized in his own right of a good absolute and indefensible estate of
inheritance is fee simple of and in all and singular the above granted,
bargained and described premises with the appurtenances and hath good right full
power and authority to grant bargain, sell, and convey the same in manner and
form aforesaid and that the said party of the second part his heirs and assigns
shall and may at all times hereafter peaceably and quietly have, hold, use,
occupy, possess and enjoy the above granted premises and every part thereof with
the appurtenances without any let suit trouble, molestation, eviction, or
disturbance of the said parties of the first part their heirs and assigns or of
any other person or persons lawfully claiming or to claim the same and that the
same now are free, clear, discharged, unencumbered of and from all former and
other grants, titles, changes, estates, judgments, taxes, assessments, and
encumbrances of what nature or kind so ever and also that the said parties of
the first part and each and every of their heirs and all and every other person
or persons whomever lawfully or equitably deriving any estate, right, title, or
interest of in or to the within before granted premises by from under or in
trust for them or either of them shall and will at any time or times hereafter
upon the reasonable request and at the proper costs and charges in the law of
the said party of the second part or of his heirs and assigns make do and
execute or cause or procure to be made done and executed all and any such
further and other lawful and reasonable acts,
conveyances and assurances in the law for the better, and more
affectionately vesting and confirming the
premises hereby intended to be granted in and to the said party of the second
part his heirs and assigns forever as by the said party of the second part, his
heirs or assigns or by his ___ ___
in the law shall be reasonably devised, advised, or required and the said Elijah
Towner and Luranda for their heirs the above described and hereby granted and
released premises and every first? thing with the appurtenances unto the said
party of the second part his heirs and assigns against the said parties of the
first part and their heirs and against all persons whomsoever lawfully claiming
or to claim the same shall or will warrant and by these presents forever defend.
In witness thereof parties to these presents here have hereunto interchangeably
set their hands and seals? The day and year first above written.
Elijah Towner
Sealed and delivered in the presents of us:
Luranda Towner
Munson Buel
Ambrose Baldwin
John Beach Jr
Witness to Luranda Towner
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