This indenture made the
fifteenth day of November in the year One thousand eight hundred and
fifty three between Elias Terpenning of the town of Esopus County of
Ulster and State of New York of the first part and Archibald Russell of
the place aforesaid of the second part
Witnesseth that the said party of the first part for and in
consideration of the sum of twenty five dollars lawful money of the
United States of America to him 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 has granted bargained sole
aliened remised released conveyed and confirmed and by these presents
does 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 part of a gravel hill lying in the town of Esopus aforesaid
on the south west side of the Hyde Park and Dashville road being bounded
as follows
Beginning at a stone set in the ground on the top of said gravel hill
and running south six degrees west one chain and seventy five links to
the west side of said road thence along the west and south side of said
road about three chains fifth links to the end of a stone wall thence
south ten degrees east one chain and fifty seven links to the place of
beginning. Containing one tenth of an acre.
Subject
to the condition that gravel shall not be removed from too close to the
line as to not leave as much gravel for the use of the road as the
present survey of the road now covers and yet not undermine a fence or
well set upon said line across the gravel hill and the said Terpenning
also retains the privilege of drawing a few loads if he should want to
use it about his house or out houses.
Together with all and singular the tenements heredi5taments 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 right, title interest, property
possession claim and demand whatsoever as well in law as in equity of
the said parties of the first part of in or to the above described
premises and every part and parcel thereof with the appurtenances. To
have and to hold all and Singular the above mentioned and described
premises with the appurtenances unto the said party of the Second part
his heirs and assigns forever, and the said Elias Terpenning and his
heirs the said premises in the quiet and peaceable possession of the
said party of the second part his heirs and assigns against the said
party of the first part his heirs and against all and every person &
persons whomsoever lawfully claiming or to claim the same shall and will
warrant and by these presents forever defend.
In witness whereof the said party of the first part has hereunto set his
hand and seal the day and year first above written.
Sealed and delivered in the presence of } Elias Terpenning
(seal)
Mark W. Powell
}
Ulster County }
On this twelfth day of July in the year one thousand eight hundred and
fifty five before me personally came Mark W. Powell the subscribing
witness to the within conveyance to me known being by me duly sworn did
depose and say that he resided in the town of Esopus in said county that
he knew Elias Terpenning the individual described in and who executed
the said conveyance that he was present and saw the said Elias
Terpenning sign seal and deliver the same as for his act and deed and
that the said Elias Terpenning acknowledged the execution thereof
whereupon the said Mark W Powell became the subscribing witness thereto
Clarke S Atkins
Justice of the Peace
A true record entered November 1st 1855 at 4 h p.m.
M Sheldon, Clk
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