| liber 55 pp 309 - 311 |
| James Duane Pell to Archibald Russell |
| This Indenture made the eighth day of September, one thousand eight hundred and forty Between James Duane Pell of the Town of Esopus and County of Ulster and Sophia G his wife parties of the first part and Archibald Russell of the said city and county party of the second part Witnesseth that the said part of the first part for and in consideration of the sum of seven thousand four hundred dollars lawful money of the United States, to them in hand paid, by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged and the said party of the second part, his heirs executors, and administrator for ever released and discharged from the same by these presents have granted, bargained, sold, aliened, remised, released, conveyed and confirmed, and by these presents do grant, bargain, sell, alien, remise, release, convey and confirm, unto the said party of the second part, and to his heirs and assigns forever All that equal North half of all that certain farm of land being the Northerly part of the Easterly half of lot number Eleven (11) one of the three mile or River lots, in the North division of the patent of New Paltz, beginning on the Hudson River, at the division lines of lot (No 11) eleven and lot Number twelve (12) being the south easterly corner of John Beavers lot and then along the division North Seventy eight degrees West, one hundred and sixteen chains, more of less to the Northeasterly corner of lands lately in possession of Alexander Young, thence along a line of old marked trees South Seven degrees West nineteen chains and fifty links to two stones set up in a Tamarack swamp thence south seventy four degrees and fifty minutes east one hundred and sixteen chains to the Hudson River, then up along the same as it runs about twenty four chains to the place of beginning. Containing two hundred and fifty acres. Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof. And also all the estate, rights, title, interest, property possession, claim and demand whatsoever, as well in law as in equity, of the said party of the first part of, in, and to 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 his and their own proper use, benefit and behoof forever. Subject nevertheless to a certain mortgage secured on the above described premises, made by James D. Pell, one of the parties of the first part, to secure the payment of Seven Thousand Dollars, to be paid on the first day of April, one thousand eight hundred and forty two, with lawful interest thereon, payable on the first day of April of each year until said mortgage is paid off. Said Mortgage is made in favour of Mary Wurtz of the Town of New Paltz, Ulster County, and is dated the 1st day of April, eighteen hundred and thirty seven and is recorded in the County Clerks office of Ulster Court in liber 26 of mortgages, pages 307, 308 & 309. Said mortgage constitutes a part of the consideration money aforesaid. And the said party of the second part for himself his heirs, executors, and administrators, doth covenant, grant, promise and agree, to and with the said parties of the first part, to assume and pay off, satisfy, cancel and discharge said mortgage. And the said parties of the first part, for themselves their heirs, executors, and administrators, do covenant, grant and agree to and with the said party of the second part, his heirs and assigns that the said parties of the first part at the time of the sealing and delivery of these presents, are lawfully seized in their own right, of a good, absolute, and indefeasible estate of inheritance in fee simple of, and in all and singular, the above granted, and described premises, with the appurtenances, subject to aforesaid, and have good right, full power, and lawful authority to grant, bargain, sell, and convey the same, in manner aforesaid. And that the said party of the second part, his heirs and assigns shall and may at all times hereafter peaceable and quietly have, hold, use, occupy, possess and enjoy the above granted premises and every part and parcel thereof with the appurtenances, without any lot, suit, trouble, molestation, eviction or disturbance of the said parties of the first part, their heirs or assigns or of any other person or persons lawfully claiming or to claim the same, except by virtue of said mortgage. And that the same now are free, clear, discharged and unencumbered of and from all former and other grants, titles, charges estates judgments, taxes, assessments and encumbrances of what nature or kind soever. And also that the said part of the first part and their heirs and all and every person or persons, whomsoever, lawfully or equitably deriving any estate, right, title or interest ,of in or to the herein before granted premises, by from inidere??? or in trust for either them, shall and will at any time or times hereafter, before the reasonable request and at the proper costs, and charges in the law, of the said parties of the second part, his heirs and assigns, make, do and execute, or cause to be made, done and executed, all and every such further and other lawful and reasonable acts, conveyances and assurances in the law, for the better and more effectually vesting and confirming the premises hereby granted, or so intended to be, 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 his or their counsel learned in the law, shall be reasonably advised or required, and the said parties of the first part, their heirs, the above described and hereby granted and released premises, and every part and parcel thereof 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 and every person and persons whomsoever, lawfully claiming or to claim the same, shall and will warranty and by these presents for ever defend. In witness whereof the parties to these presents have hereunto interchangeably set their hand & seals the day & year first above written. Sealed & delivered in the presence of } The words “on the Hudson River” } on the 16th line of } James Duane Pell (seal)l the first page and the words “except } by virtue of said mortgage” on the } 20th line of second page } Sophia G Pell (seal) inserted before execution. The words } “town of Esopus and Ulster” were } interlined in the 3rd line } from the beginning } Peter R Decker } Ulster County. } On the eighth day of September, eighteen hundred and forty before me came personally James Duane Pell and Sophia G. Pell, his wife both to me personally known, who being by me duly sworn did depose and say that they executed the within indenture for the purpose therein mentioned and Sophia G. Pell, being by me duly examined, separate and apart, from her husband did depose and say that she executed the same without fear or compulsion of her husband, and of her own free will. Peter R Decker, Justice of the peace A true record entered the fourteenth day of September 1850 at 9 oclock a.m. Rich Keator, Dep. Clerk |
| This is a typed transcription of a photo of a handwritten document on file with the Ulster County Clerk's Office in the Vault Room, Fair and Main Streets, Kingston, New York |
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