Lot Owners in Salem, NY

Lot 65 In Salem: Its Owners

The following history of this lot was elicited at the trial of Williams vs. Safford, at the Supreme Court, Feb. 20th 1850, Hon. John Willard presiding judge.

August 7th, 1764: Turner's patent was granted to Alex. Turner and 23 others; containing 25,000 acres including this lot.

September 28th and 29th, 1764: The patentees convey to Oliver De Lancey and Peter Dubois, one half the patent, specifying the serveral lots of the Patent conveyed, Nos. 65, 68 &c.

September 30th, 1765: De Lancey and Dubois convey the several lots of the patent belonging to them to Dr. Thomas Clark of Stillwater, reserving a yearly rent of one shilling per acre. Lots 65, 68 &c. enumerated in the conveyance.

November 1, 1779: Dr. Clark leased in perpetuity Lot No. 65 to James Tomb.

March 13, 1813: James Tomb by will devised all his real estate to his son Henry. Lot No. 65 being part thereof.

June 26, 1815: Henry Tomb gave a full covenant deed of Lot 65 to Dr. Abram Allen and John P. Reynolds.

November 4, 1816: John P. Reynolds and wife released to Dr. Abram Allen their right in said lot.

December 13, 1832: Allen deeded the lot to Thomas D. Safford, the present occupant. The rent on said lot was confiscated in the revolution, and sold to Gen. John Williams, whose son and heir Col. John Williams conveyed it (and the rents of over 40 other lots in Turner's patent) to Anthony I. Blanchard, January 26th 1807. Blanchard conveyed the same to Thos. D. Safford, February 5, 1841.

The question in dispute was about a right of way from said lot, across the east part of the next lot, south of it, Lot 68, belonging to Col. John Williams.
David Carswell of Argyle testified he is 75 years old, and came to Salem AD 1779 when he was 4 years old, and moved hence to Argyle AD 1800.
Colin McFarland, aged 71 years, has known the lot 50 years past.
Anthony I. Blanchard, aged 81 years.
James Turner, born November 16, 1791, and lived in 1805 and 1806 with Gen. Williams and his brother George Williams and has known the lot since that date.
Abner Austin, is 67 years old and came here May 1804.
Rufus Coon, almost 70 years old, has known the lot 50 years.

From the testimony of these witnesses it appears that Lot 65 remained a wilderness till James Tomb allowed two Irish families named Chambers to go on and put up each a log house, about 1790. About 1793, one of these houses took fire and burnt when the family was on a visit to the other house, which was a few rods west of Safford's present house. One James Haywood lived there afterwards. In 1801 and subsequently there was no occupant.

There was a road cut through the woods on [the] East part of Lot No. 68, and passable by wagons soon after the houses were built. This road at first came out at Gen. Thomas' tavern (Union Hall/Ondawa) and after that just west of the academy near C.L. Allen's present house. A road also went, to where one Bolton then lived, on the highway, 1 1/2 miles N of James Tomb's residence. There was at most merely a wood road directly to James Tomb's, who owned a distillery and drew some wood to it from Lot No. 65. But in May 1819, Dr. Allen testified there was not road, public or private to said lot, and petitioned for one, whereupon a jury declared its necessity and a road was laid out and recorded, passing over Lot 68, as before, and turning thence east on the N line of the Thomas lots to the turnpike at the north part of the village.

Decided that Safford has a right of way, but must pay Williams damages his cattle have done Williams by leaving his gates open, &c.

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