This Indenture made the second day of November one thousand eight
hundred and forty six between Thomas R. Appleby of the town of Esopus
county of Ulster and state of New York herein of the first part and
Archibald Russell of the same place of the second part
Witnesseth that the said party of the first part in consideration of the
sum of one thousand two hundred and fifty dollars heretofore in use in
the United States which is sum paid by the said party of the second part
on 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 administrators forever released and discharged
from the same, by these presents hath granted, bargained, sold, aliened,
remised, released, conveyed and confirmed, and by these presents, doth
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 certain piece or parcel of land situate, lying and being in the
town of Esopus county of Ulster and state of New York described and
bounded as follows
Beginning at a stake and stones Northside of the road leading to Hyde
Park landing being at the corner of the land of the said Town and
running from thence north seven degrees and thirty minutes east along
the line of the said Howell and J. Dean and Archibald Russell thirty
eight chains and twenty one links to a stake in the ditch on the line of
John Griffith’s land, thence along the line of the said Griffith’s
land north seventy five degrees west twelve chains and eighty eight
links to the end of a stone wall thence south forty three degrees and
thirty minutes west eight chains and eighty five links to a stake seven
feet east of a stone wall, thence south twelve degrees west eleven
chains and ninety six links to a stake on the north side of the highway
thence along the north side of the highway as it winds and turns to the
place of beginning. Containing fifty seven acres and eight tenths of an
acre be the same more or less.
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, uses, issues and
profits thereof and also all the estate, right, 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.
And the said Thomas R. Appleby for himself his heirs, executors and
administrators, doth covenant, grant and agree to and with the said
party of the second part, his heirs and assigns, that the said Thomas R.
Appleby at the time of the sealing and delivery of these presents is
lawfully seized in his 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, and hath 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
peaceably 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 party of the first part, his heirs or assigns,
or of any other person or persons, lawfully claiming or to claim the
same; and that the same now are free, clear, discharged and unencumbered
of and from all former and other grants, titles, charges, estates,
judgments, taxes, assignments and encumbrances of what nature or kind
soever. And also that the said party of the first part and his heirs,
and all and every person or persons whomsoever, lawfully or equitably
deriving any estate right title, or interest of in or to the
hereinbefore granted premises, by from, under or in trust for him or
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, 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 and their counsel
learned in the law, shall be reasonably advised or required.
And the said Thomas R Appleby him 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 party of the first part, and his heirs and
against all and every person and persons whomsoever, lawfully claiming
or to claim the same, shall and will warrant and by these presents
forever defend.
In witness whereof the parties to these presents have hereunto
interchangeable set their hands and seals the day and year frst above
written.
Sealed and delivered
}
In the presence
of
} T. R. Appleby (seal)
Marius N.
Wheeler
}
State of New
York
}
County of
Ulster
}
On the third day of November 1846 before me came Thomas R. Appleby to me
known to be the same individual named in and who executed the annexed
conveyance who before me admitted that he had executed the same.
Marius G Wheeler
A true record entered November 4th, 1846 at 1h P.M. |