USA > Massachusetts > Plymouth County > Duxbury > Copy of the old records of the town of Duxbury, Mas. From 1642 to 1770 [land records and town meetings] > Part 10
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In witness whereof we the said Joshua Soule and Isaac Peterson, have here unto set our hands and seals the sixteenth day of April in the year of our Lord God one thousand Seven hundred and thirty one.
JOSHUA SOULE (s) ISAAC PETERSON (s)
Signed Sealed and delivered in presence of PEREZ DREW.
An agreement between Thomas Southworth of Duxborrough in the County of Plymouth in the Province of Massachusetts Bay in New England, yeoman. of the one part, and James Thomas of said Duxborrough, yeoman, of the other part, is as followeth viz-
Where as, We, the said Thomas Southworth and James Thomas, are owners and proprietors in equal proportion in the Third lot in Salt meadows which belonged to the second division of the Common lands, which belonged to the towns of Duxborrough and Pembrook in the County above said, and the said lot at present lyeth undivided between us, We therefore. that each one might know his own respec- tive right and proportion therein, have agreed upon a division there of in the manner and form following viz. We began on the Southerly side or part of said lot at the mouth of a small creek that runneth out of the river or Salt bay near North, and near the middle of the said lot, and said creek runneth almost through said lot to the line of the North side or part
1731. Aug. 19. Vol. a. Page 289.
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there of. Our agreement therefore is, that the said creek as it now runneth Northerty to the head thereof, and from thence to a stake in the marsh, a little above the head of the said creek running still Northerly, and from thence, the same range still directed by the ranging of the said creek, till it comes to the above said line on the North side of the said lot, shall be the division of the said lot in two parts, and that all that part of said lot that lyeth on the Westwardy side of said dividing creek and Northerly range through said lot, with all and singular, the profits, privileges and appurtenances there unto belonging shall belong unto. and he the proper part of James Thomas, to belong and apper- tain to the only proper use, benefit and behoof of him the said James Thomas, his heirs and assigns, forever, and that all that part of the said lot that lyeth on the Easterly side of said dividing creek, and Northerly range through said lot, with all and singular, the profits, privileges and appurtenances there unto belonging, shall belong unto and be the proper part of said Thomas Southworth, to belong and appertain to him the said Thomas Southworth, his heirs and assigns forever. Now the above said agreement and division thus made, we the above said Thomas Southworth and James Thomas. do mutually agree shall be, and stand and remain as a full settle- ment and division of the above said lot of salt meadow, for us, our heirs and assigns, forever.
In witness where of we the above said Thomas Southworth and James Thomas have here unto set our hands and seals, the nineteenth day of August, in the year of our Lord God One thousand seven hundred and thirty one.
-Signed -
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DUXBURY RECORDS.
1732. June 16. Vol. a.
Page 138.
An agreement between Ichabot Samson of Dux- borrow in the County of Plymouth in the Province of the Massachusetts Bay in New England, Cord- wainer, of the one part, and Joshua Soule of said Duxborrough, yeoman, of the other part is as followeth, viz, Whereas the said Ichabod Samson and Joshua Soule are owners and proprietors of a lot of salt meadow, lying in Duxborrough. in the skirt of the marshes that did belong to Duxborrough and Pembrook as Commons, and was laid ont in the year 1712, and is the Twenty fourth lot in number, as by the records of the proprietors of the Common
lands &c, will appear. Said lot, is the Twenty fourth in number, and begins at a stake which is the North West corner bound of the Twenty third lot, and is bounded by the Twenty third lot on the East side thereof, until it comes down to the bay or river, and thence it is bounded by the bay or river on the South end, and by the West side until it comes to a creek by which the North end is bounded, until it comes to a stake standing by said creek, which is the stake first mentioned. We therefore, that each one might know his own right. have agreed to divide said lot as followeth. We began on the Westerly side of said lot, at a stake and stone standing near the river or bay, and run South 87 degrees Easterly, to a stake and stone standing in said lot, and thence the same course to a stake standing in the range of the 230 lot. Now our agreement is, that the above said Ichabod Samson shall have all the South end, or part of said lot, that is to the Southward of this our division line, to him and his heirs forever, and that the above said JJoshua Soule shall have all that part. or end of said lot that lyeth to the Northward of this our division line, that is to him and his heirs forever. for their only proper use, benefit and behoof forever. Now the above agreement and division thus made and established, we the above said Icha- bod Samson and Joshua Soule, do mutually agree, shall be. stand and reman as a firm and full settle-
DUXBURY RECORDS.
ment and division of the above said salt meadow, for us. our heirs and assigns. forever. In witness where of we the above said Ichabod Samson and Joshua Soule, have here unto set our hands and seals the sixteenth day of June. in the year of our Lord God one thousand seven hundred and thirty two.
ICHABOD SAMSON. (s)
JOSHUA SOULE. (s)
Witness -
NICHOLAS WADE. EZEKIEL SOULE.
1732-3. Feb 27. Vol. a. Page 136.
To whom these presents shall come, know ye that whereas we, Samuel Chanler and Chrestopher Wads- worth. both of the town of Duxborrough in the County of Plymouth in the province of the Massa- chusetts bay in New England, husbandmen. having lands lying joining together within the township above said, near the dwelling house of the above said Chanter in said Duxborrough, and having here- to fore had difference about the bounds, or ranges of said lands between us, do now agree to settle and fix the bounds and ranges of said land between us, and with the help and assistance of Ebenezer Byran and Joseph Prior of Bridgewater, we do agree that the bounds or ranges of the above said lands. shall continne forever hereafter, which are as followeth, viz. Begining at a stone and a white oak bush. it being the South East corner of Thomas Phillips's house lot. and running from thence Sonth 13 degrees East. 48 rods to a white oak tree marked on four sides. it being called the South corner of the lot that was formerly George Williamson's. and from thence. East, 4 degrees South. 66 rods to a pine tree marked on four sides. standing on the West side of the country road. near said road, and from thence North. 16 degrees East 26 rods to a stake, then North 28 degrees East 28 rods. to a stake, then
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North 25 degrees East 32 rods to a white oak sapling standing near said country road on the Southerly side of said road, marked on four sides. And we do also agree that if either of the parties mentioned in these presents, have fallen, or cut any trees or woods on the other near the said settled lines, that he shall not be counted a trespasser for the same. and now for the confirmation and further establishment of the above said settlement and agreement. we have hereunto set our hands and fixed our seals this Twenty Seventh day of February Anno Domini 1732-3.
his SAMUEL ( V) CHANLER. (s)
mark
his
CHRISTOPHER (C) WADSWORTH. (s)
mark
Signed Sealed and delivered in presence of
EBENEZER BYRAN. JOSEPH PRIOR.
1733. July 10. Vol. a. Page 171.
An agreement between us the subscribers, all of us belonging to the town of Duxborrough in the County of Plymouth in the province of the Massa- chusetts bay. in New England, husbandmen, is as followeth. viz. Whereas. we. the subscribers are owners of a lot of salt meadow lying in the town- ship of Duxborrough aforesaid, and is part of the commons that did belong to the towns of Duxbor- rough and Pembrook, in the county above said, and were laid out in the year 1712. said lot is the 19 lot in number. and fill to be in the skirts of the marshes, said lot is equally owned alike by us, saving Mr. Nathaniel Brewster is owner of two shares, or 5 parts thereof.
That each might know his own proper part, we agreed to divide it thus. We began the first division or share, at a stake which is the South east corner
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DUXBURY RECORDS.
bonds of said lot and run N - 2 degrees Westerly to a stake about 6 rods to the Northward of a small creek standing in the range between the 18 and 19 lots. and from said stake 82 degrees Westerly to a stake standing in the range of the 20th lot. This first share contains all this South end or part, of said lot, and fell by lot to Isaac Peterson. The second share is bounded on the South side by the first. and from the bounds of the first. it is bounded on the West end by the 20th lot to a stake standing by a creek, thence North 66 degrees East. 8 poles to a stake, which is the corner of the 5 shares, thence about 4 poles the same course to another stake thence N 59 degrees Easterly, to a stake in the range of the 18th lot, and bounded by the 18th lot to the bounds of the first share, and fell to Nathaniel Brewster. The third share begins at the N. E. corner of the 24 share, and runs South 59 degrees Westerly to a stake in the range of the 24 share, and from thenee North, 8 degrees Westerly, to a stake, on the West side of a creek, and by said creek to Phillip's creek, and by Phillip's creek to the bounds of the 18th lot by which it is bounded on the North. by Phillip's creek, on the East by the 2ª share to a stake which is the corner there of and thence North 37 degrees West to a stake which is in range between the 4th and 5th lots. and thenee by the same course. to Phillip's creek first mentioned, and fell to Chris- topher Wadsworth. The 5th share begins at a stake which is the corner of the 2ª lot or share, and runs North 66 degrees East, 8 rods to the corner stake of the 4th lot or share, thence North 37 degrees West- erly by the range of the 4th share, to a stake standing in the range of the 4th lot. thenee by the same course down to the month of Phillip's ereek, and contains all that part or corner of said 19th lot that lyeth to the North west of those two mentioned lines, and fell to Joshna Sonle.
Now having thus divided this our 19th lot of salt meadow, and lotted for the same, as herein ex-
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DUXBURY RECORDS.
pressed. we the said subscribers. do mutually agree shall stand and remain a firm settlement for us. our heirs. forever. In witness where of we the above said Nathaniel Brewster, Isaac Peterson. Christopher Wadsworth and Joshua Soule, have here unto set our hands and seals this Tenth day of July in the year One thousand Seven hundred and Thirty three.
NATHANIEL BREWSTER. (s)
ISAAC PETERSON. (s)
CHRISTOPHER X WADSWORTH. (s)
his mark
JOSHUA SOULE. (s)
Signed, Sealed and delivered in presence of
JOHN TURNER.
ISAAC PARTRIDGE.
An agreement between Thomas Phillips Jun of Duxborrough in the County of Plymouth in the province of Massachusetts bay in New England, housewright, of the one part. and Blanie Phillips of said Duxborrow, cordwainer, of the other part, is as followeth viz.
Where as. we the said Thomas Phillips Jr and Blanie Phillips of said Duxborrough, are owners and proprietors in equal proportion, of a certain lot of land lying, and being within the township of Duxbor- rough above said, containing about Forty and Nine acres, and said lot is the hundred and fifty first lot, in number, in the upland in the second division of the Commons which belonged to the towns of Dux- borrough and Pembrook, in the County above said, and was laid out Anno Domini 1713, and it is bounded as may appear by the records of the Pro- prietors of said land belonging to said division. We therefore. that each one of us might know his own respective proportion and right in the above said lot of land, which till this time hath laid in equal part-
1735. Dec. 24. Vol. a. Page 189.
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DUXBURY RECORDS.
nership and undivided between us, have agreed upon a division thereof as followeth viz.
We divided the said lot by a line begining at a stake and stones which is set in the line on the Easterly side or part of the said lot, which stake and stones standeth Forty one rods distant and running Fifty eight degrees East from the North easterly corner bounds of the above said lot, and thence from the said stake and stones, we run North SS degrees Westerly.97 rods, to a pine tree marked, standing in the line on the Easterly side or part of the said lot. Our agreement therefore is. that the said line which begins at the said stake and stones in the line on the Easterly side or part of said lot. and thence running North 88 degrees Westerly 97 poles to a pine tree marked, standing in the line on the Westerly side or part of said lot shall be the dividing line of said lot. and that all that part of said lot that lyeth on the Southerly side of said dividing line with all the profits privileges and appurtenances there unto belonging, shall belong unto and be the proper part of the above said Blanie Phillips. his heirs and assigns. forever, to belong and appertain to his and their only proper use, benefit and behoof, forever. and that all that part of said lot that lyeth on the Northerly side of said dividing line. with all the profits, privileges and appurtenances there unto belonging, shall belong unto and be the proper part of the above said Thomas Phillips, his heirs and assigns. forever, to belong and appertain to his and their only proper nse. benefit and behoof forever.
Now the above said agreement and division thus made. we the above said Thomas Phillips and Blanie Phillips do mutually agree shall be, stand and remain as a firm and full settlement and division of the above said lot of land, for us our heirs and assigns, forever.
In witness whereof, we the said Thomas Phillips and Blanie Phillips, have here unto set our hands
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and seals, this the Twenty fourth day of December in the year of our Lord God One thousand Seven hundred and Thirty five - 1735.
THOMAS PHILLIPS JR. (s)
BLANIE PHILLIPS. (s)
Signed, Sealed and delivered in presence of
JOSEPH BARTLET JR. PELEG WADSWORTHI.
1735-36. Jany 5. Vol. a. Page 179.
An agreement between Thomas Phillips Sent of Duxborrough in the County of Plymouth, in the Province of Massachusetts Bay, in New England, housewright, of the one part, and Samuel Chanler of Duxborrough above said, yeoman, of the other part, and the said agreement is as followeth viz.
That whereas we the said Thomas Phillips and Samuel Chanler, are owners and proprietors of the hundred and forty ninth lot, and the hundred and fifty second lot, and the said lots are of the second division of the Commons in the upland which belonged to the towns of Duxborrough and Pem- brook, in the County and Province as above said, · and we therefore that each one of us might know his own respective right and proportion there in, have agreed upon a division thereof, and is as followeth viz.
Begining at a stake and stones standing in the line of the Easterly side of the one hundred and forty ninth lot above said, about fifty rods from a stake which is the Southeasterly corner bound of said bundred and forty ninth lot above said. and from said stake and stones, we run the dividing line South eighty four degrees West, forty six rods to a stake and stones, and from thence South, nine degrees East about six rods and a half to a stake and stones, and from thence South, eighty degrees West, about thirty nine rods to a stake and stones standing in the line of the Westwardly side of the said hundred and forty ninth lot, and the line of the Easterly side of
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DUXBURY RECORDS.
the said hundred and fifty second lot, and from thence Sonth, seventy two degrees West, five rods and a quarter to a stake and stones, and from thence South, six degrees West, seven rods to a stake and stones, and from thence South, seventy six degrees West, to a stake and stones standing in the line of the Westerly side of said hundred and fifty second lot, and we do agree that the above said lines thus run, bounded and described as above said, shall be a full and a stated division of said lots, and further, our agreement is that all that lower or Southerly part of or that part of the said lots that lyeth on the lower or Southerly side of the dividing lines of both said lots discribed above, shall be the proper part or right of the said Thomas Phillips, with all and sin- gular, the profits privileges and appurtenances there unto belonging, to belong and appertain to the only proper use, benefit and behoof of him the said Thomas Phillips his heirs, executors. administrators and assigns, forever. And all that part of said lots, that lyeth on the upper or Northerly side of the said dividing lines of the said lots discribed as above said, shall be the proper part or right of said Samuel Chanler. with all and singular, the profits, privileges and appartenances there unto belonging, to belong and appertain to the only proper use, benefit, and behoof of him, the said Samuel Chanter, his heirs, executors, administrators and assigns, forever.
And now the above said agreement and division thus made and diseribed as above said. We the said Thomas Phillips and Samuel Chanter, do mutually agree that it shall stand, be and remain, as a good firm and full settlement and division of the above said hundred and forty ninth and one hundred and fifty second lots of land, for us, our heirs, executors, administrators and assigns, forever.
In witness where of we the said Thomas Phillips and Samuel Chanler have here unto set our hands and seals. the fifth day of January, in the year of
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DUXBURY RECORDS.
our Lord God One thousand Seven hundred and Thirty five or thirty six - 1735-36.
THOMAS PHILLIPS. (s)
his SAML (Z) CHANLER. (s)
mark
Signed, sealed and delivered in presence of
WAIT WADSWORTHI. JOHN WADSWORTH.
[ Memorandum. ]
Before signing and sealing the above said agree- ment the above said Thomas Phillips, his heirs and assigns, are hereby obliged to make up the fence in the above mentioned Seven rods in the line which runs South 6 degrees West, to a stake and stones, and to maintain or keep up the said fence forever.
1735-6. Jany 6. Record No. 5. Page 13.
Know all men by these Presents. That Whereas We, Thomas Southworth, Benoni Delanoe and Joshua Delanoe, all of Duxborrough in the County of Plymouth in New England, yeoman, having uplands and meadow lands that are adjacent in said Duxborrough, and there never as yet being any bounds prefixed between us by any record what so ever, and to the intent that each party may know his own bounds between each other, we have fully agreed that the bounds as they are hereafter described, shall be and remain for us our heirs and assigns, forever viz. We began at a stake with stones about it, standing on the Westerly end of a small Island or hummock that lyeth on the South side of the Mill brook in the salt marsh, and from said stake it runneth up the brook North, Twenty one degrees West which is about two rods, and so back unto the said stake again. and then it runneth South Twenty one degrees East, fifteen rods to the fence that now is between us, which came about three feet to the Westward of a large apple tree standing about West from Joshua Delanoe's house, having a large
IO
1446
DUXBURY RECORDS.
mortice made through the same, and then it runneth Southerly as the fence now stands, a direct course until it cometh nnto the east side of a large apple tree called the Iron Apple tree, and from thence it runneth as the fence now standeth. unto the road that is laid out down to Powder Point. which came on the West side of a small or young apple tree that standeth about five rods to the Northward of said road, said last bounds wheeling somewhat more Westerly than the former did, which is the bounds as above said, we do allow to be the stated bounds between us, our heirs and assigns forever, and in testimony where of we have set our hands and affixed our seals, and ordered the same to be recorded on the Town records of Duxborrough, this Sixth day of January Anno Domini 1735-6.
THOMAS SOUTHWORTH. (s)
BENONI DELANOE. (s)
JOSHUA DELANOE. (s)
Signed and Sealed in presence of
NATHANIEL CHANLER. JEDEDIAN SOUTHWORTH.
17344. Dec. 5. Record No. 5. Page 13.
Where as, we Stephen Andrews. Jonathan Peter- son and Reuben Peterson, all of Duxborrough. in the County of Plymouth, in New England. do jointly own, and are possessed of a certain piece of salt meadow lying and being in Duxbury afore said. the meadow lyeth adjacent to the beach called the salt house beach, and the hummoek called Rouses hum- mock, and is the meadow that Mr. Jonathan Peterson purchased of Mr. John Wadsworth of Duxborrough afore said. . And as yet no deeds of partition being signed by either of us, Now Know all men by these presents, that we the above said Stephen Andrews, Jonathan Peterson and Reuben Peterson have mutu- ally agreed, and also do divide the same as followeth. viz. Begining at the Northerly end of the said meadow adjacent to Fords meadow. and so ranging
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Southerly by the creek as said meadow is bound. by the creek till it comes to a stake that standeth by the creek, and from said stake to a range South East by East, near about thirty rods, to another stake and upon the same range till it comes to the beach, all the meadow within the afore said Bounds, the said Stephen Andrews is to have, and he, his heirs and assigns to enjoy for his part of the above meadow, and Reuben Peterson, for his part of said meadow, is to have from the last mentioned stake Southerly by the edge of said meadow till it comes to another stake standing on the North west side of said hummock, and thence North west, two rods to a stake standing by a little creek, and from thence as the creek runs, to another stake standing by the same creek. and from thence South west five rods to another stake, and from the last mentioned stake in the same range, across a small salt pond to the mouth of a ditch, and bounded by said ditch to the creek that is the bounds between Ichabod Wadsworth meadow and the afore said tract of meadow, all the meadow within the bounds last mentioned, the said Reuben Peterson his heirs and assigns is to quietly and peacably enjoy for his part of said meadow. And all the remainder of the afore said piece of meadow the said Jonathan Peterson, his heirs and assigns is to have for his part of said meadow. and in testimony that this is our division, and that we oblige ourselves, heirs, executors. administrators and assigns to stand to the same, we have here unto set our hands and seals this Fifth day of December, Anno Domini 1734.
STEPHEN ANDREWS. (s)
JONATHAN PETERSON. (s)
REUBEN PETERSON. (s)
Signed Sealed and delivered in presence of
MICAH SOULE.
ELIZABETH ANDREWS.
148
DUXBURY RECORDS.
1736. May 18. Record No. 5. Page 11.
An agreement between Jonathan Peterson and Reuben Peterson, both of Duxborrough, in the County of Plymouth. in the province of Massachu- setts bay in New England, yeoman. and said agree- ment is as followeth viz. That whereas we the said Jonathan Peterson and Reuben Peterson, are owners and proprietors of a certain tract of land lying and being within the township of Duxborrough above said. being about Seventy acres more, or less, and said tract of land is that tract of land which was given to us by our honored father. Mr. Jonathan Peterson, which he formerly purchased of said Dux- burrough, and we are likewise owners and proprietors of the Thirteenth lot in number of the upland in the first division of the Commons, belonging to the townships of Duxborrough above said, and Pembrook in the County above said. and we are likewise owners and proprietors of the hundreth and the hundred and first lots in number belonging to the second division of the Commons belonging to the townships of Duxborrough and Pembrook above said, and these three lots above said were all given to as by our honored father Mr. Jonathan Peterson above said, and we therefore, that each of us might know his own respective right and proportion therein, have agreed upon a division there of, and is as followeth, viz. Begining at a stake and stones, standing in the line on the South Easterly side of the tract of land which is first above here mentioned, and said stake and stones stands or bears South west and by South half a point Southerly. Sixty four rods and a half from a stake and stones which is the East South Easterly corner bounds of said tract of land first mentioned, and from said stake and stones first mentioned, we run the dividing line North almost twenty six degrees West, to a red oak tree marked, and so on the same range to the brook called Keins brook. and from said stake and stones first men- tioned, and so on said line to said brook is Eighty nine rods and a half, and we the said Jonathan
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