Town records of Derby, Connecticut, 1665-1710, Part 26

Author: Derby (Conn.); Phillips, Nancy Pratt Owen, d. 1906; Connecticut Daughters of the American Revolution. Sarah Riggs Humphreys Chapter, Derby
Publication date: 1901
Publisher: Derby : Sarah Riggs Humphreys Chapter, Daughters of the American Revolution
Number of Pages: 547


USA > Connecticut > New Haven County > Derby > Town records of Derby, Connecticut, 1665-1710 > Part 26


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layd out by us appointed to lay out land Samuel Brinsmead Wm Tomlinson.


Enter'd April 9-1703 per me Jnº : James


Town clerke


328


Derby Records.


Inº Durands


(Page 55.) Know all men by these prests : that I Ebenezer Johnson oft Derby in ye Colony of Connecticott in New Eng- land for & in consideration of ye summe of fourty pounds cur- rent silver money already in hand paid to me by John Durand of Milford in ye Colony aforesª Chirurgeon & Elizabeth Dur- and his Wife & for diverse other good causes me here unto moving Have sold alienated assigned sett over given grantted & do by thes prests: fully freely & absolutely sell alienate assigne set over give grant & confirme unto them ye : sª : John Durand & Elizabeth Durand his Wife a certaine parcell off land scituate & being in ye : fore named Towne off Derby that is say twenty acres off land & meadow being Cald ye Long lott bounded on ye West with Naucatuck River on ye North with ye Comon land south with ye sd Ebenezer Johnsons land East wth Jnº: Chattfield & part comon land. for them ye sª John Durand & Elizabeth Durand his wife their heirs executors Administrators & assignes to Have & to hold use & enjoy with every part & parcell there off together with all & singu- lar liberties priviledges advantages & appurtenances whatso- ever therunto belonging or in any wise appertaining from ye day off ye date of these prests for ever without any eviction Ejection incumbrance or trouble whatsoever from or by me ye sd Ebenezer Johnson or from or by any person or persons wtsoever claiming or that may att any time or times hereafter claime ye land or any part thereoff for from by or under me by virtue or colour of any right or title any wayes derived from me warranting hereby that I have good & lawfull right and title in & to ye sª land & that it is free & clear off & from all power to ye sd John Durand & Elizabeth Durand his wife to Record or cause to be recorded ye above sª land having sold unto their heires & assigns for ever in ye Town or County Records for ye confirmaton off all which I have to these presta: putt to my hand & seal this twelfth day off June In ye year " of our Lord God one thousand seven hundred in ye twelfth year of ye Reigne of or sovereign Lord Wm ye 3rd off England Scotland ffrance & Ireland King defender of ye Faith &c." Signed sealed & delivered ) Ebenezer Johnson Senior (Seal) in ye presence of us John Hine Samuel Hine


Milford June ye 12th 1700 the


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Derby Records.


above named Capt Ebenezer Johnson personally appeared and acknowledged ye above written Instrument to be his free & voluntary act & deed deed befor me


Robert Treat : D. G :


Entred ye 28 off May : 1701 per me Jnº : James Recorder


(Page 56.) To all Chrystian people to wm these prests shall come Greeting Know yee & all men by these prests : that whereas Thomas Worster Eldest son of Edward Worster late off Derby deceased Capt. Ebenezer Johnson & Ensigne Sam1 Riggs all of Derby afore said in ye County of New Haven & Colony off Conecticott in New England & Ephraim Stiles off Orenoke within ye limitts off Strattford in ye County off ffairfield & Colony afor sª Planters were at a spetial County Court held att New Haven ye 22 oft December 1691 appointed Adminis- trators to ye Estate off Edward Worster off Derby afore sd deceased & full power being granted to ye administrators by ye Genrall Court att Hartfford June ye 22 1692 do dispose off lands off ye sª Edward Worsters Estate to sale for paymt oft just debts. Now Know yee & all men by these prests that we ye sª Thomas Worster Ebenezer Johnson Samuel Riggs & Ephraim Stiles Administrators for & in consideracon off ye full & just sume of one hundred & seventeen pounds off cur- rant pay of the Country in hand received of Alexander Bryan & Sam1 Bryan off Milford in ye County of New Haven & Colony of Connecticott afore sª merchants Administrators to ye estate off Richard Bryan late off Milford deceased ye receit wroff wee do hereby acknowledge & thereoff & ev'y pt : there- off doe for ever acquitt & discharge ye sª Alexander Bryan & Sam1 : Bryan their heires executors & administrators evy of ym by these prests Have given granted aliened enfeeffed sold & confirmed & by these prests do give grant alien enfeeffe sell & confirme unto ye sª Alexander Bryan Sam1 Bryan a certaine House & Barne & house lott & orchard scituate lying & being in ye Town off Derby aforsd : ye sª Lott together with ye Or- chard containing 6 acres be it more or lesse bounded north with ffire Hill East with an highway West with Naucatuck River & south with ye land off Abel Gun to Have & to hold ye sd House barn house lott & Orchard with all ye benefitts


330


Derby Records.


priviledges & appurtenances thereunto belonging to ye use & behoof off ye sª Alexander Bryan & Sam1 Bryan their heires successers & assignes for ever And ye sª Thomas Worster Ebenezer Jnºson Sam1 Riggs & Ephraim Stiles for themselves their heirs executors & Administrators do hereby covent prmise & grant to & with ye sª Alexander Bryan & Sam1 Bryan their heirs successers & assignes that they ye sd Alex- ander Bryan & Sam1 Bryan their heirs successers or assignes shall quietly & peaceably have hold use occupy posesse enjoy & keep all ye aforsd house Barn house lott & Orchard with all ye priviledges & appurtenences there unto belonging forever without any sail lett clayme trouble interruption contradiction eviction ejection molestation from us our heirs executors or administrators & from any ye sª persons wt soever that shal lay any legall claime thereto or any pt therof and yt free clear & clearly acquitted & discharged or from time to time saved & kept harmelese off & from all former & other gifts sales bar- gains mortgages dowries wills entailes or other incumbrances whatsoever In Wittnesse wroff & for confirmation off all wch wee have herennto sett our hands & seals ye 24 off May 1693 & in ye 5th year off ye Reigne of or Sovereigne Lord & Lady Wm & Mary off England Scotland ffrance & Ireland King & Queen defendrs off ye ffaith & more ye sd Alexander & Sam1 Bryan are to have ye rent of ye sd House barn & lands since ye apprisal of it-


(Page 57.) May ye 4th 1693 ye sª Thomas Worster Capt. Ebenezer Jnºson Ensigne Sam1 Riggs & Mr. Ehram Stiles as administrators to ye Estate oft ye above deceasd Edward Worster did personally appear & acknowledge the above written Instrument to be their act & deed joyntly befor me Signed seal'd & delivered Robt Treat Gov nº


in ye presence of us Thomas Worster T W his mark O sigill


Edward Camp Ebenezer Jnºsn O sigill


Sam1 Eells


Sam1 Riggs O sigill


Ephram Stiles O sigill


Entred ye 28 May 1701


per me Jnº James


Recorder


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Derby Records.


Where as ye fore written Instrument ye house barn & lands therein specified sold unto me Alexander Bryan & Sam1 Bryan Administrators on ye Estate of my father Richard Bryan off Milford deceasd & to sd successers & assignes for ever as is there in word fully expressed reference there unto being had -Now Know all men by these prsts yt I ye sd Alexander Bryan of ye sª Milford administrator aforsd for & in considera- tion of one hundred & seventeen pounds as pt of ye porcon (portion) off Elizabeth Bryan now Elizabeth Durand wife of Dr Jnº Durand daughter of ye said Richard Bryan out of ye Estate of ye said Richard Bryan in consideration of ye sª 117 pounds ye sª Alexander Bryan administrator do hereby assigne & make over ye afore written Deed off sale & ye house Barne & lands with ye appurtenances thereunto belong- ing unto ye sª Jnº Durand & Elizabeth his wife to ym their heires & assignes for ever To Have & to Hold to ym yr heires & assignes as ar yr in butted & bounded And further I ye sª Alexander Bryan do for me my heires executors & adminis- trators covnt & prmise to & with ye sª John Durand & Eliza- beth his wife that ye sd Jnº Durand & Elizabeth his wife y heires & assigns for ever shall quietly & peaceably possesse hold & enjoy all ye fore mentioned premises with all privi- ledges & appurtenances thereunto belonging for ever with out any lett or molestation eviction ejection or disturbance from any person or persons wtsoever for from by or under me ye sª Alexandr Bryan my heires executors or administrators or by any of or manner or procurmt In Witnesse wr off I ye sd Alexander Bryan have hereunto sett my hand & seal ye IIth day of March 168g in ye 12 year of ye Reigne of or Sovereigne Wm ye 3rd by ye Grace of God King of England Scotland France & Ireland Defender of ye faith


Signed seal'd & deliver'd Alex Bryan Sigil


in ye presence off us


Richard Bryan harry Guionncave Milford march II 16,9% ye Aboue named Alex Bryan prsenally appeared & acknowledg'd ye aboue written instrumt to be his act & deed before me Entred ye day & Robert Treat D : G :


date above written pr me


Jnº James Record"


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Derby Records.


(Page 58.) This Deed made between Sam1 Bow's off Derby in ye County off New Haven in New England of ye one party & ffrancis French off ye same Town & county aforsd oft ye other party


Wittnesseth That I ye sd Samuel Bow's for & in considera- tion of land lying at two sev'al places ye one upon ye Westerne side off Centinel hill; ye other in ye meadow between Ephram Smith his upper lott & Samuel Riggs his land with which I am fully satisfy'd contented & paid, Have given granted bar- gained & sold aliened enfeoffed & confirmed & by these prests do give grant bargaine & sell alien enfeoff & confirme unto ye sª Frances ffrench & to his Heirs & executors, admin- istrators & assignes for ever a certaine parcell of land near a place called Horse hill within ye Township oft Derby con- taineing five acres be it more or lesse bounded with ye high way south being thirty five rods long on ye south side bounded wth George Beman his land west'n & north & wth John Bowrs his land East all wch land together with all ye trees & stones with all other priviledges & appurtenances thereunto belong- ing ye sª Francis ffrench is to have & hold to him his heires & assigns for ever And farther I ye sd Sam1 Bow's do for me my heires executors administrators & assignes covenant to & with ye sª Francis French his heires & assignes that I ye sª Sam1 Bowrs at ye time of ye ensealing of these prests am ye true sole & proper owner off ye premises & have ye full & sole power off ye dispose & sale thereoff & yt ye sª ffrancis French from ye time of ensealing & delivery hereoff & his heires & assignes shall quietly & peaceably possesse hold use occupy & enjoy all & singular ye premises aforsd with all ye priviledges & appurtenances thereunto belonging for ever without any encumbrance eviction ejection lett or molestation ffrom me ye sª Sam1 Bow's my heires, assignes executors or administrators or from any other person or persons wt ever clayming any legal right thereto or any part thereoff from by or under me or any procuremt In Wittnesse wr off I ye sª Sam1 Bow's have hereunto set my hand & seale, this ninth day off September ye year off o' Lord one thousand seven hundred & one & in ye year of ye Reigne off our Sovereign Lord William ye 3ª off England Scotland ffrance & Ireland King Defender off ye Faith &c-Signed sealed & Samuel Bowrs


...


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Derby Records.


delivered in ye presence off us Robt Warner Adino Strong


Samuel Bowrs appeared before me ye 10 day off September 1701 & acknowledged ye above written Instrument to be his owne act & deed Ebenezer Johnson Justice


Vera Copia per me John James,


Recorder


(Page 59.) The land ye Town off Derby sold to ye Worship- full Capt. Ebenezer Johnson off Derby on ye corner ende off Centinel Hill by or near Jeremiah Johnson Junior his land is lay'd out by us att ye Eastward end it is 6 rod wide bounded ye comon Northerly bounded with ye two rod highway yt goeth acrosse ye field yt is called ye Centinel hill field 44 rod westerly bounded wth Jeremiah Johnson bounded 13 rod & ₺ & bounded southerly bounded with John Chattfields land


Enterd by Jnº: James Jan 15 1703 Recorder


Joseph Hull Jnº Bow's


Townsmen


The land yt ye Town granted to Jeremiah Johnson Junior without ye field fence between ye field & ye Spring that runs into ye meadow that is comonly called ye Welch man's meadow as layed out it is 36 rods long by ye highway that is on ye west- erly side off ye same land & it is 6 rods wide on ye southern end of it bounded in ye comon it is 74 rod long on ye eastern side it is bounded with ye afore sª spring on ye Northern side it is 40 rod long bounded with ye comon field fence wch makes 3 acres more or lesse layd out by us


Entred by John James Recorder ffebr. 12- 170}


Ebenezer Johnson Henrie Worster


Thatt piece of land wch Josiah Baldwin off Derby had by way off exchange with ye Towne of Derby according to ye Towne vote off Jan. 15- 170g lyes on centinel hill & is bounded as followeth southward 24 Rod bounded on an oake spire west


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Derby Records.


ward 36 Rod bounded on a walnut spire North ward 28 Rod bounded on his own land Eastward adjoining to his own land 26 Rod containing 5 acres & a rood be it more or lesse layd Out by us according to ye Townes order


Jnº Bowrs John Riggs


Entered ye 8th off May 1702


per me John James Town Clerke


(Page 60.) To all to wm these prests : shall come Know yee that I Abraham Harger off Strattford in ye County off ffair- field in his Majties : Colony off Connecticott in New England for ye consideration off five & seventy pound in provision pay secured & to be pª to me by bill under ye hand & seal of Eben- ezer Harger of Derby in ye County of New Haven & Colony aforsd baring date with these prests. As also upon ye sª Eben- ezer Harger ingaging to acquitt & free me of all Legacies coming to our Brother Jabez. Harger and divers other good & wel-advised consideracons me thereunto moving have sould & do by these prests fully freely & absolutely sell alienate assigne set over give grant & confirme unto ye afor sª Eben- ezer & to his heires executors administrators & assignes all my interest & right in what division & share off lands I have in Derby wch was sometime my ffather Jabez Hargers for him ye aforsª Ebenezer Harger his heires & assignes to have hold use occupy possesse & enjoy as his & their own proper estate & Inheritance from ye date of these prests for ever without any manner off Lett hinderance molestation disturbance deny- all challenge clayme eviction ejection trouble or demand wt- soever off or by me ye sª Abraham Harger my Heires execu- tors & administrators or from or by any other person or persons or from by or under me Affirming myselfe to be ye true pro- prietor of ye above sª Lands & estate I have in my selfe good right & full power to sell ye same & do free & clear & freely & clearly acquitt exonerate & discharge ye above sª lands from all other & former gifts grants bargaines sales mortgages joyntures dowries wills entailes rents taxes & encumbrances


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Derby Records.


wtsoever And I do further engage & covent firmly by these for myselfe my heirs executors & administrators & with ye afore sª Ebenezer Harger his Heires & assignes to signe seale & deliver any other firmer deeds & conveyance of ye aforsd : lands as ye aforesd : Ebenezer Harger his Heires & Assignes shall be advised by their counsel learned in ye Law and for confirmation off all wch : I have to these prests put to my hand & seal this eighth day off June in ye year of our Lord God one thousand six hundred ninety & eight


Signed seal'd & deliver'd in ye presence of us Ebenezer Johnson Stephen Pierson


Entred ffebruary the 3 170g per me John James Town Clerke


Abraham Harger [Seal] Abraham Harger appeared before me 26 of Jun- 1701 & acknowl- edged ye above written Instrument to be his own act & deed Ebenezer Johnson Justice


(Page 61.) To all to wm these prests shall come Know yee that I Samuel Nichols of Derby in ye County of New Haven in his Majesties Colony of Connecticott in New England for & in consideration of twenty five shillings in hand received to full satisfaction befor ye onsealing & delivery off these prests : & diverse other good & well advised considerations me thereunto moving have sold & do by these prests fully freely & absolutely sell alienate assigne set over give grant & confirme unto Wm Tomlinson Senior oft Derby in the County & Colony aforesª about three quarters off an acre oft land more or lesse in ye Indian field lying by ye great River bounded south ward wth ye sª Wm Tomlinson his own land Northward wth John Pringles land a small gully running between Eastward wth an hill & field fence in ye above sª Sam1 Nichols his land Westward with ye great River & an high way ffor him ye sª Wm Tomlinson his heirs & assignes to have hold use occupy possesse & enjoy as his & their own proper estate & inheritance from ye date of these prests : for ever without any manner off lett hinderance molestation disturbance deny- all challenge clayme eviction ejection trouble or demand wt- soever from me ye sd Sam1 Nichols my heires executors &


336


Derby Records.


administrators or from or by any other person or persons for from by or under me affirming my selfe to be ye proprietor of ye above sª land & I have in myselfe good right and full power to sell the same & do free & clear & freely & clearly acquitt exonerat & discharge ye above sª three quarters off an acre more or lesse from all other or former gifts grants bargains sales mortgages joyntures dowries wills entailes rents & taxes & encumbrances wtsoever And I do further engage & Covnt firmly by these prests for myself my heires executors & admin- istrators to & with ye aforsd Wm Tomlinson his heirs & assignes to signe seal & deliver any other & firmer deed & conveyance oft ye afor sd three quarters off an acre as ye sª Tomlinson his heires & assignes shal be advised by their council learned in ye Law In wittnesse where off & for confirmation off [ ] wth I have to these prests putt to my hand & seal in Derby ye 4th day off March in ye year of our Lord God one thousand seven hundred & one or two


Signed seal'd & delivered Samuel Nichols (: : )


in ye presence oft us Jnº: James Josiah Baldwin


Samuel Nichols appear'd before me & acknowl edged before me ye 4th March 170g ye above writ- ten instrumt to be his own act & deed


Ebenezer Johnson


Entred ye day & date Justice


above specify'd : per me


Jnº : James Town clerke


(Page 62.) Know all men by these prests : That wee Cock- apatani Saggamore Ahuntawa Sachem Will Doctor Rowan- quossock Warrashquonoot Tijachomo Robin Arkummi Will Toto John Toto Indians In confirmation of a mortgage made to M' Nicholas Camp off Milford containing a certain tract off land lying & scituate within ye bounds off Derby bounded as specify'd in that mortgage viz Southward with Derby Pur- chase Westward wth a range off swamps near on to Moose hill Northward with a little River known & commonly cal'd by ye name of ye little River eastward with Naucatuck River


337


Derby Records.


weh is a parcell off land abt three mile square be it more or lesse & bought off ye Towne off Derby's Agts in yt affair viz Capt. Ebenezer Johnson Ensigne Sam1 Riggs & Wm Tomlin- son Senior ffor full satisfaction in hand received by us as ye above mentioned Indians and divers other good & weladvised consideracons us there unto moving have sold & do by these presents fully freely & absolutely sell alienate assigne set over give grant & confirme unto ye Town off Derby ye afore sd Tract off land for them their heirs & assignes to have hold use occupy possesse & enjoy as their own propertie from ye date off these presents for ever without any manner off lett hinderance molestation disturbance denyal challenge clayme evicton ejecton trouble or demand wt soever from us or from or by any other person or persons from by or under us ye above mentioned Indians Affirming yt we have in our selves good right & full power to sell ye same fore mentioned Tract off land & do fre & clear & freely & clearly acquitt exonerat & discharge ye afor sª tract of land from all other & former gifts grants bargains sales mortgages joyntures dowries wills entailes rents taxes & encumbrances wt soever In witness wr off & for confirmation off all wch we have to these prests put to our hands & markes this 5th off March 1702


Sign'd Seal'd & delivered in


presence of us Cockapatani X Saggamore his marke Ahuntawa X Sachem his marke X


Will Dr X his marke


Arkumi his mark X Rowangusook X his marke


Artownhood his mark


Warrathgonoot X his marke


Jnº : James Mary James


Tijachome X his marke


Will Toto X his marke


Jnº Toto X his marke


These aboue mentioned Indians appeared before me ye day & date aboue mentioned & acknowledg'd this to be yr own act & deed.


Ebenezer Johnson Justice


Entred ye 5th off March : 170}


per me Jnº : James


Town Clerke


22


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Derby Records.


The agree ment between ffrances ffrench & George Beamon


(Page 63.) April ye 3ª 1702. George Beamon & ffrances ffrench both off Derby run a line to take ye due & true meas- ure of that ground wch belongs unto either of them & is next adjacent to either of their lands viz that land where upon Goodman Bemon his barne stands & Frances ffrench his dwell- ing house The first quarter is from an heap off stones between his barn & my house eastward upon ye high way westward ye line goes from ye fore said quarter to ye end of ye first Rocke behind his Barn which is 8 rods ffrom ye [ ] off ye fore said Rock to a marked white oake tree is ye 3ª [ ] sta- tion & is 9 Rods from ye fore mention'd Rock & yt a white [ ] tree stands a Rod & an halfe south from ye poynt off ye [ ] & further our line runs Northward up ye edge of [ ] ye 2ª rock to ye north corner off ye sd George his deep hollow And they ye afore sª parties agreed yt ye aboue sª Frances ffrench next to ye deep hollow on ye Northern side is to main- tain 4 Rod off Fence aboue ye halfe off ye line [ ] they have run it And when ye sd Beman dos emprove [ ] land adjoin- ing he shall make ye other pt off ye ffence


George Beamon X his mark Frances ffrench


Witnesse John James Elizabeth Brinsmead


Entr'd ye day & date above mentioned per John James Town Clerke


Isaac Nichols hath 40 acres off land more or lesse upon ye hill above 8 mile brook comonly cal'd & known by ye name of ye good Hill bounded southerly with Wm Tomlinson Senior land Northerly with Sam1 Nichols his land Westerly & Easterly with ye comon land


Entred ye 7 off April 1702 per Jnº : James Recorder


April 7th 1702 John Botsford agreed & ingaged to allow & grant unto Isaac Nichols of Derby his heires & assignes full & fre liberty forever to ye prest Cart way through that pas- ture wch ye fore said Botsford purchas'd off above sd Isaac Nichols


Entred ye 8° off April 17-per me Jnº: James Town Clerke


339


Derby Records.


April ye 28 1702-George Beamon & John Bow's have agreed concerning their dividing ffence in a piece off land called ye deep hollow on George his part & in John Bowers his pasture on his part & John Bowers his ffence is that tract att ye Easterne end


John Bowers


the marke off X George Beamon


Entred ye 28 off April 1702 per me Jnº : James Town Clerke


Witnesse John James Elizabeth Brinsmead


(Page 64.) To all to whom these prests shall Come Know yee that I Isaac Nichols off ye Town of Derby in ye county off New Haven in his Majesties Colony off Connecticott in New England for & in consideration off six score pounds secured by Bill before ye ensealing & delivery of these pre- sents & divers other good & weladvised considerations me there unto moving have sold & do by these prests fully freely & absolutely sell alienat assigne set over give grant & con- firm unto John Botsford off ye town of Milford in ye County afore sª & to his heirs executors administrators & assignes sundry tracts & parcels of land viz as followes an home lott on ye West side off Naucatuck River in ye necke containing 4 acres more or lesse Northerly bounded with ye highway southerly with Stratford great River westerly with Sam1 Nichols his land & Easterly with John Pringles 9 acres more or lesse lying in ye Indian field bounded Northerly with Wm Tomlinson Senior his land southerly wth Sam1 Brins- meads land Easterly with ye foot off ye hill westerly with ye high way that goes by ye great River 8 acres more or lesse in ye bear planes bounded as in ye Town Records this last 8 acres lyeth in two pieces one part at ye lower end off ye hassekie Meadow & ye other part under ye East hill by ye long swamp ffurther a tract off pasture land bounded Northerly with ye high way yt goes from ye fore said Wm Tomlinsons land to ye towe bridge westerly with ye Comon field fence Easterly with ye fore sª Tomlinsons John Pringles & Isaac Nichols their land & southerly with Isaac Nichols his


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Derby Records.


land ye tract off pasture containes 16 or 18 acres more or lesse Besides halfe my land yt is on ye great hill yet undivided judged to be 20 or 30 acres more or lesse also 40 acres upon ye hill above 8 mile brook cal'd & known comonly by ye name off ye good hill bounded southerly with ye fore sª Wm Tomlinsons land Northerly with Sam1 Nichols his land Westerly & Easterly with ye Comon land. Item my Lott in Paul's plaine esteeme'd 6 acres more or lesse bounded north- erly with ye sª Wm Tomlinsons land southerly with Andrew Smiths land Easterly with Pauls plaines Rocks Westerly with ye Great River, ffor him ye fore sª Botsford his heires & assignes to have hold use occupy possesse & enjoy as his & their. own proper estate & Inheritance from ye date of these prests for ever without any maner off lett hinderance molesta- tion disturbance denyal challenge clayme eviction ejecton trouble or demand wt soever of or by me ye sª Isaac Nichols my hieres executors & administrator from or by any other person or persons for from by or under me affirming my selfe to be ye true proprietor of ye above said lands-




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