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HERBERT

Lancaster County, Pennsylvania Deed Book X, Volume 1, pg. 235-238

STEWART HERBERT & UX TO JAMES HAMILTON

THIS INDENTURE Made the twenty seventh day of February in the year of our Lord one thousand seven hundred and seventy six Between Stewart HERBERT of Leacock township Lancaster County in the province of Pennsylvania yeoman and Sidney his wife of the one part. And James HAMILTON of the sameplace Weaver of the other part. Whereas Alexander McCASLAND Practitioner in Physick late of Leacock aforesaid did by sundry assurances in the law become rightfully seized as of fee of and in a certain tract of land situate in the same township Beginning at a post corner of land now or late of William McCASLAND thence extending by the same south fourteen degrees east two hundred and forty three perches and four tenths of a perch to a post, thence by Matthew McCLUNG'S land north seventy six degrees east forty nine perches and 426/1000 parts of a perch to a post, thence by Robert ANDERSON'S land, north fourteen degrees west two hundred and forty three perches and four tenths of a person to a post thence thence(sic)by the said James HAMILTON'S land south seventy six degrees west forty nine perches and 426/1000 parts of a perch to the place of beginning containing seventy acres and one hundred and forty nine perches and two tenths of a perch and the allowance of six acres Per Cent for roads and highways. The same described tract of land being a lot or part of a three hundred acres tract patented to William McCASLAND the father of the said Alexander McCASLAND and of which described tract lot or part he the said William since dyed intestate seized and possessed (as also of other lands) and through him the said decedent the said Alexander his son by due order of law, became seized of and in the same described tract of land as above recited. And Whereas the said Alexander McCasland became so indebted, that at length, by due course of law, John FEREE Esquire High Sheriff of the said County, by public auction or vendue on the fourth day of December last past did sell the same to the said Stewart HERBERT, as being the highest and best bidder for the same. And Whereas for further confirmation the said Sheriff by his deed poll bearing date the ninth instant for the consideration therein mentioned, did bargain sell release and confirm unto the said Stewart HERBERT his heirs and assigns forever. All the said described tract of land which in said deed poll is called seventy acres, more or less; as by the same deed poll acknowledged in open court, and recorded in the Recorder's Office at Lancaster in Book S page 433 &ca and by other testimonials in writing relative to the premises will severally respectively and plainly appear. Now this Indenture Witnesseth that the said Stewart HERBERT and Sidny (sic) his wife for & in consideration of the sum of seven hundred and fifty pounds lawful money of said province to him in hand paid by the said James HAMILTON at or before the execution hereof the receipt whereof is hereby acknowledged and the said James HAMILTON his heirs and assigns here by forever acquitted and discharged have and hereby Hath granted bargained sold aliened enfeoffed released and confirmed and by these presents do and hereby Doth grant bargain sell alien enfeoff release and confirm unto the said James HAMILTON his heirs and assigns. All the said described tract of seventy acres and one hundred and forty nine perches & two tenths having allowance as aforesaid. Together with all and singular the buildings improvements rights members and appurtenances whatsoever thereunto belonging or in anywise appertaining. And all the estate right title interest use trust property claim and demand of them the said Stewart HERBERT and Sidney his wife at law in equity or otherwise howsoever of in to and out of the premises hereby granted and every part thereof, and the reversion and remainders rents issues and profits thereof and the said recited deed poll. To have and to hold the said described tract of land and hereditaments and premises hereby granted with their appurtenances unto the said James HAMILTON his heirs and assigns. To the only proper use and behoof of the said James HAMILTON his heirs and assigns forever. Under the yearly quit rent due and accruing for the same proportional to the proprietaries thereof. And the said Stewart HERBERT doth covenant promise and grant for himself his heirs executors and administrators, the said described tract of land and premises hereby granted with the appurtenances unto the said James HAMILTON his heirs and assigns, against him the said Stewart HERBERT and Sidney his wife and their heirs & against all Persons lawfully claiming or to claim by from or under him her them or any or either of them, shall and will warrant, and by these presents forever defend, and at such time and in such manner as by the said James HAMILTON his heirs or assigns, or by his or their council learned, in the law shall be reasonably devised advised or required, according to the true intent and meaning of these presents.

In Witness whereof the said parties to these presents have hereunto interchangeaby set their hands and seals dated the day and year first above written.

Stewart HERBERT (SEAL)

Sidney X(her mark) HERBERT (SEAL)

Sealed and delivered in the presence of us:

Baltzer BESNOR

Daniel BESNOR

JACOB HERBERT

Received the day and date of the above written Indenture of and from the above named James HAMILTON the sum of seven hundred and fifty pounds in full of the consideration money above mentioned. Stewart HERBERT Witnesses present:

Baltzer BESNOR

Daniel BESNOR

Jacob HERBERT

Before me the subscriber one of His Majesties Justices &c in and for the county of Lancaster came the above named Stewart HERBERT and Sidney his wife and did duly acknowledge the above written Indenture to be their act and deed, and desired it might be recorded as such. Witness my hand and seal, this night day of March 1776

James CLEMSON (Seal)

Examd Recorded the 15th day of Novemr 1783

James JACKS, Recorder

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