Deed from Isaac and Elizabeth Hale, 25 August 1830

  • Source Note
  • Historical Introduction

Document Transcript

This Indenture, Made the twenty fifth, day of August in the Year of our Lord one thousand eight hundred and thirty Between <​& his wife​> of the township of & County of Susquehanna & State of Pennsylvania of the one Part and Joseph Smith, J,r, of the other Part of the place aforesaid
WITNESSETH, That the said Partys of the first part for and in consideration of the sum of two Hundred Dollars to him them in hand paid by the said Party of the second part at and before the ensealing and delivery hereof, the receipt and payment whereof is hereby acknowledged, have granted bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents, doth grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the said Party of the second part and to his heirs and assigns all that certain Piece o[r] parcel of Land situate and lying in the Township of and County of Susquehanna and state aforesaid, and being a part of a lot of Land in the warrentee name of George Ruper, and a part of the farm on which the said now lives on, Butted & bounded as follows, Beginning at Post on the <​North​> bank of the Susquehanna River. thence North half a degree East <​West​> one hundred and Eleven Perches to a Post thence North eighty nine and half degrees East twenty perches to a Post thence South half a Degree East one hundred and nineteen Perches to a Sugar Maple tree on the bank of Said River, thence down the Said River as it winds & turns to the Place of Beginning, Containing in the whole thirteen acres & Eighty Perches be the same more or less— Bounded on the East by Lands owned by & on the North & west by Lands of
TOGETHER, with all and singular the houses, out-houses, edifices and buildings thereon erected and being—and all ways, water-courses, woods, fences, gardens, minerals, rights, liberties, privileges, advantages, hereditaments and appurtenances thereunto belonging, or any wise appertaining—and the reversions and remainders, rents, issues and profits thereof—and also all the estate, right, title, interest, use, trust, property, possession, claim and demand whatsoever of him the said whether in law or equity, or otherwise howsoever, of, in, to, or out of the same—TO HAVE AND TO HOLD the said Piece or parcel of Land with the hereditaments and premises, hereby granted and released, or mentioned or intended so to be, with the appurtenances, unto the said Parties of the second part his heirs and assigns, to the only proper use, benefit and behoof, of the said Party his heirs and assigns forever And the said party<​s​> of the first for himself his heirs, executors, and administrators, do covenant, promise, grant and agree to, and with said party of the Second part his heirs and assigns, by these presents, that, he the said party of the second part and his heirs, the said hereby granted premisses or tracts of Land with the hereditaments and premises hereby granted and released, or mentioned or intended so to be, with the appurtenances unto the said Joseph Smith Jr. their heirs and assigns, against them the said Party<​s​> of the first and his heirs, and against all and every other person or persons whomsoever lawfully claiming or to claim of in or out of the Said Premisses shall and will warrant and forever defend, by these presents.—IN WITNESS WHEREOF, the said Party<​s​> to these presents has hereunto set his Hand and Seal.—Dated the day and year first above written.
LS
LS
Sealed and Delivered)
in the presence of)
<​The words “& his wife” intertined [interlined] & the word North interlined​>
[p. [1]]
Susquehanna County SS
Before me the Subscriber one of the Justices of the Peace in & for said County of Susquehanna Came , & his wife and acknowledged the within indenture or instrument of wrighting to be their act & deed for the purposes theirin mentioned & being of proper age & being examined Apart from her Said & the contents explained to her by me Said she Signed it of her own free will & not from any fear or Coersion on the part of Her said Husband
Dated at this 2 26th day of August in the year of our Lord 1830
Susquehanna County ss
[seal]
Recorded in the Office for Recording of Deeds &c in and for said County in Deed Book No 8 page 59. the thirty first day of August AD eighteen hundred & thirty.
In Testimony whereof I have hereunto set my hand and seal of office at Mon[t]rose the day & year above written
Recorder
Per N[orman] I Post
to
Joseph Smith, Jr,
Deed
Fees $1,15
Tax 50cts paid by
August 31st 1830 [p. [2]]

Footnotes

  1. 1

    An “indenture” is a deed or agreement executed in two or more copies, originally with edges correspondingly indented.  

  2. new scribe logo

    Underlining with leading and trailing spaces indicates handwritten portions of this preprinted form. Jesse Lane handwriting begins.  

  3. 2

    The addition of Elizabeth Hale’s name here, as well as the later date on her affirmation at the end of the document, suggests that Isaac Hale was not initially aware on 25 August that Elizabeth’s permission was needed for the transaction. It is likely that Justice Lane suggested the insertion before he witnessed the execution of the deed so that it conformed to existing legal requirements.  

  4. 3

    As a measure of length, a “perch” is equal to sixteen and one-half feet. As a measure of area, a “rod” is equal to 272¼ square feet. Eighty rods is one-half acre, so the deed is indicating the Hales transferred thirteen and one-half acres. The total acreage may have actually exceeded fourteen acres.  

  5. new scribe logo

    Signatures of Isaac and Elizabeth Hale.  

  6. 4

    TEXT: Stamped seal, “LS” (locus sigilli, the place of the seal). By 1830, Pennsylvania no longer required actual wax seals on deeds but still required this or a similar mark to be either printed or inscribed on the document next to the signatures.  

  7. 5

    TEXT: Stamped seal, “LS”.  

  8. new scribe logo

    Insertion in the handwriting of Jesse Lane. The insertion identifies words that were added after the initial completion of the document.  

  9. new scribe logo

    Signatures of John Whitmer and Jesse Lane.  

  10. 6

    TEXT: Printed form ends.  

  11. new scribe logo

    Handwriting of Jesse Lane.  

  12. new scribe logo

    Jesse Lane handwriting ends; Norman I. Post begins.  

  13. 7

    TEXT: Embossed seal, “[SU]SQUEHANNA. CO. [S]EAL.”  

  14. 8

    Susquehanna Co., PA, Deeds, 1812–1922, vol. 8, p. 59, microfilm 1,927,992, U.S. and Canada Record Collection, FHL.  

    U.S. and Canada Record Collection. FHL.

  15. 9

    The county seat of Susquehanna County, Pennsylvania.  

  16. 10

    William Jessup was Susquehanna County recorder from January 1824 to January 1833. (Blackman, History of Susquehanna County, Pennsylvania, 42.)  

    Blackman, Emily C. History of Susquehanna County, Pennsylvania. From a Period Preceding Its Settlement to Recent Times. . . . Philadelphia: Claxton, Remsen and Haffelfinger, 1873.

  17. new scribe logo

    Docket, inscribed after leaf was folded, begins. Norman I. Post handwriting ends; Jesse Lane begins.  

  18. new scribe logo

    Jesse Lane handwriting ends; Norman I. Post begins.