USA > Maine > York County > York deeds, Book X 1719-1722 > Part 43
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BOOK X, FOL. 186.
York Marrin' the Receipt of which sam We doe here by acknowledg & our selves heirs Executors and adminestra- tors : of the same doe hereby Confess to be fully sattisfyed and Paid : Do hereby Give grant sell aliene sett ouer Con- vaigh and Confirme unto the said Moses Banks his heirs and to his assigns for ever and to their one soole and Absolute use ad disposall all our Right title clame Challenge demand protention Propperty possission revertions and remaindor that we ye sª Elisabeth Lyon & Sarah Hastens have or ought to have in the Estate Houses Lands uplands and Meadows of the Said John Turbit desending to him by Vertue of his said father Petter Turbitt his Last will & Testamt on Rec- ord in said County of York Referance being therto had or by any other way Coming arriseing or accruing unto us the said Ebenezer and Elisabeth Lyon Thomas and Sarah Hast- ings : from ye sd Turbits what Euer or how Euer to him the Said Moses Banks his heirs and assigns for Euer : and that free and Cleer from all other and former Gifts Grants Sales Bargins and Mortagages from us what Euer and from any after Clame Challings or demand to ye said Land Lying att Capeporpose afore sd to be had or made from us our heirs Executors or adminestrators In Witness whereof we the said Ebenez" and Elisabeth Lyon Thomas and Sarah Hastings have set to our hands and seales this Twenty- fifth of Aprill one thousand seven hundred and Nineteen : And the fift year of King Georges Reign &e
Signed Sealled and
his
delivered in psents of us Thomas Hastens ( seal ) John Edwards Mark Ebenezer Lyon ( Seal )
Thomas Edwards
Mary Edwards
her
Sarah Hastens ( se! ) Mark her Elisabeth Lyon ( Seal )
Mark Suffolk ss Boston 27th Aprill : 1719 Thomas Hastings Ebenezer Lyon and Sarah Hasting Elisabeth Lyon all of them Personally ap- peared before me the subscriber on of his Majestis Justeses of ye peace in said County and did all of them did ac- knowledg ye above and within Written Insterement to be their free actt and Deed Samuel Lynde
Recorded according to the Origin July : 1 : 1721 p Abram Preble Regr
.
BOOK X, FOL. 187.
[187] To all Christian People to whom this Arvitration Bonds may come Know yee that wee ye Subscribers Namely Thomas Card of York in ye County of York Ycoman on ye one part & Joseph Bragdon of sd York on ye other part Have had dispute & some contention about a divideing Line or a pertition line or Boundaries between ye Land of sd Cards & ye Land of sd Bragdons upon ye which wee do now both live & enjoy & claim Lying & being within ye Town- ship of sd York upon ye North east side of sd York riuer upon both sides of a Creeck Cove or Riuerlet Known by ye Name of Bass Creeck which by uss ye sd Thomas Card & Joseph Bragdon & our Claims Titles or Writings & other ways may more at large Appear & in asmuch as wec ye sd Carde & Bragdon cannot by our selves state & settle ye dividing or pertetion Line or Boundaries Between our selves Wee ye sª Thomas Card & Joseph Bragdon are agre'ed & do Consent Submit & resolved to stand to & abide yea Ward arbitrement settlement of such stated & settled bounds & divideing Line as these our fine ffrends & Neigh- bours Namely Sam" Sewall John Harmon Jonathan Bane John Sayword & Caleb Preble or ye major part of them shall agree upon ye which sd Mr Sam" Sewall John Harmon Nath" Doniel Joseph Banks & Caleb Preble wee & each of us have made eaqual Choice of by mutuall agreement & con- sent to take our papers of both parties & to here our allega- tions on both sides relateing to Claims that so ye Justice & honesty of the matter may appear & wee do hereby desire & Impower ye above sª Sam" Sewall John Harmon Nath1 Doniel Joseph Banks & Caleb Preble to make state stake or mark out ye bounds of sd Lands or lots from ye North east side of sd York Riuer backwards towards ye Town path or unto ye extent of sª Thomas Cards Claimes & wee do hereby Couenant engage & promise each to ye other both for our selves our Heirs & assignes as true Christian friends and Brethren to stand to & abide by ye award determina- tion arbitrement or bounds they ye sd Sam" Sewall John Harmon Nath" Doniel Joseph Banks and Caleb Preble or ye Major part of them shall agree upon & will - be well satisfied & fully contented therewith & will never pretend to move or break over such bounds as ye above sd Arbitrators shall set & bring in in their award arbitrement or determination to be in Writing under their hands & seals to be read & made Known unto us at or before ye last day of this present month of June of ye date at ye House of M' Benja Stone in York Inholder or such other place as they shall appoint &
BOOK X, FOL. 187.
further for ye true and faithfull standing to & abiding by ye award arbitrement & determination of ye above sd fiue men or ye major part of them as is before set forth and exprest Wee ye sd Thomas Card & Joseph Bragdon each on our one part doe by these presents bind & oblidge our selves our heirs Executors & administr's in ye full & Just Sum of one hundred pounds of good & lawfull money of New England that is to say If I ye sd Thomas Card do any ways Neglect to stand to or not abide by ye above sd five arbitrators award &c then am bound to pay to sd Bragdon his Heirs or As- signes ye above sd Sum of one hundred pounds & likewise if I ye sª Joseph Bragdon do any wise neglect or refuse to stand to or abide by ye above sd fiue mens award &c then am bound to pay to sd Card his Heirs or Assignes ye above sd Sum of one hundred pounds & nextly that these our bonds or obligations be Immediately Recorded in our County Records for deeds in ye County of York with ye award Ar- bitrement & Determination thereon ye whole & every part of ye Cost & Charge of this Arbitration to be eaqually borne between us ye sd Thomas Card and Joseph Bragdon to ye true & faithfull standing & abideing by all & every part and parragraff of ye before written wee bind our selves our heirs Executors and Administrators each for our selues our Heirs Executors & Administrators each for our Selves as Wittness our hands & Seals this Seventeenth day of June . In ye Year of our Lord one Thousand Seven hundred & Twenty one in ye Seventh year of ye reign of our Soverigne Lord George King of Great Brittian &e
Signed Sealed & delivered
Thomas Card ( seal
In the presence of us
Joseph Bragdon ( seal )
Benja Stone
John Booker
York ss/ York Jine 20th 1721
Thos Card & Joseph Bragdon personally Appeared & Acknowd these before written Instrumts to be their free Act & deed before me
Abra Preble Jus : peace
These may Certifie that wee ye sª Thomas Card & Joseph Bragdon above named by Providence are disappointed of ye Company of M' Jonathan Bane & Mr John Sayword to Joyne in ye before Arbitration Bonds therefore do mutually by Consent chuse m' Jos : Banks & m' Nath" Doniel Sent to Serve & Afficiate in ye above said & before mentioned Arbi- tration in every part & parragraff thereof to Act & do As amply & fully as if ye sd Bane & Sayword were present & we
BOOK X, FOL. 187.
do Submit our selues accordingly As Wittness our hands this 26th day of June 1721 Thos Card ( scal )
Signed Sealed & delivered in the presence of us
Jos : Bragdon ( scal )
John Booker Moses Banks York ss/ York. June ye 26th 1721
The before named Thos Card & Jos : Bragdon personally Appeared & acknowd ye addition of ye within Instrum' to be their free Act & deed being of this date before me
Abra Preble Jus : peace
Recorded According to ye Original July 1th 1721 p Abram Preble Reg
To all Christian People to whom this present writing shall come Sam" Sewall John Harmon Nath" Doniel Jos : Banks & Caleb Preble of York in ye County of york in ye Province of ye Massachuttes Bay in New England send Greeting Know ye that, Whereas there has been a Controversie or debate heretofore ariseing & yet continuing & depending between Thos Card on ye one part & Joseph Bragdon on ye other part both of ye Town County & Province above sd relateing to ye true & Just deviding Line Boundary or par- tition Line between ye Land of sd Card & ye Land of sd Bragdon upon which they now do both of them ye sd Card & Bragdon line, And whereas ye aboue sd Card & Bragdon have Chosen us ye aboue named Sewall Harmon Doniel Banks & Preble As Arbitrators &c between them ye sd Card & Bragdon to settle a Line of Division or partition between them & their respective Lands above sd for ye appeaseing & detormining ye Controversy or Debate above sd & sd Card & Bragdon haveing bound themselves each to other in one hundred pound bonds bearing date in York afore sd June ye 17 : 1721 As may more fully appear &c That ya ye sd Brag- don & Card & each of them will stand to & abide by ye award Arbitriment & determination of ye above named Arbitrators &c & ye Settlement which they shall make of Bounds or ye Line betwixt them as above Expressed = Ac- cordingly wee ye sd Sam" Sewall John Harmon Nath" Doniel Joseph Banks & Caleb Preble taking upon us ye Charge of sd Award & Arbitrament & having heard & viewed ye sayings & alegations of sd Card & Bragdon refer- ring to to ye Dividing line or boundaries above sd with all things & circumstances referring therunto haveing been on
BOOK X. 31
BOOK X, FOL. 188.
ye spot &c & minding to Settle an unity & friendship con- cerning ye premises betwixt ye Two Neighbours & Christian Brethren contending as above sª do there upon make & put in Writing this award Arbitriment Determination & Judg- ment between ye sd parties for & concerning ye premisses in manner & form following, That is to say That ye Dividing or pertition Line betwixt sd Card & Bragdon f .afixed & perpetual Boundary between their Land (lying on each [188] of Bass Creeck as more fully exprest in ye Bond afore sd Referrence thereunto being had) shall begin at ye mouth of sd Bass Creeck & so run up sd Creeck in ye Chan- nel thereof or as ye water runs down at low water in sd Creeek wheither nearer to one side or ye other, & so to run up as far as as sd Card & Bragdon have Land Lying on each side of sd Creek which Line we ye Subscribers Viz ye above named Sam" Sewall John Harmon Nathaniel Doniel Joseph Banks & Caleb Preble being Impowered so to do have fixed as ye Deviding or partition Line between sd Card & Bragdon & their Heirs according to ye Bond above named & Refer- rence to In Wittness whereof we ye Arbitrators above sª have hereunto set our hands & Seals this 28th day of June 1721 & in ye Seventh Year of ye Reign of our Soverigne Lord King of Great Brittain &c accompt of ye disbursmts
on ye Arbitrators S
To m' Woodbridge 2 .. 6
To Benja Stone 6:0
To our Time 1: 5:0 1:13: 6
Joseph Banks ( seal Nath" Donnell ( seal )
John Harmon ( seal ) Sam1 Sewall ( seal
Caleb Preble ( seal )
To be paid by Thomas Card & Joseph Bragdon above mentioned as is set forth in ye Bond
Recorded according to ye Original Jul y ye 1th 1721
p Abram Preble Reg™
To all people to whome these presents shall come Greet- ing Know yee That Daniel Ware marriner & Mary Roberts Wife of Charles Roberts both of Boston in ye County of Suffolk in New England for & in Consideration of ye Sum of Twelve pounds of Currant money of New England To us in hand before ye Ensealing hereof well & truly paid by our Brother Hopewell Ware of York in ye County of York in ye Province of Main in New England Husbandman ye receipt whereof wee do hereby acknowledge & our selves
BOOK X, FOL. 188.
therewith fully satisfyed & contented & thereof & of every part & parcel thereof do Exonerate acquit & discharge The sd Hopewell Wair his Heirs Executors administrators for ever by these presents haue giuen granted bargained Sold, aliened, conveyed, & confirmed & by these presents do freely tully & absolutely give grant bargain, Sell, aliene, Convey & confirm unto him ye sd Hopewell Ware his Heirs & Assigns for ever All that our Right Title property Claim demand Interest & Inheritance of in & to a certain small peice or parcel of land Scituate lying & being in ye Town- ship of York a foresaid left us by our Deceased Mother Mary Ware after ye death of our said Brother Hopewll Ware being bounded Northerly on land of Caleb Preble Easterly Easterly on ye parsonage land Southerly by ye meeting House Creeck & Northerly by ye little riuer being about Ten Acres more or less our right thereto may appear by our sd mothers Will To have and to hold ye sª Granted & bargained premisses with all ye appurtenances previlidges & commodities to ye same belonging or in any wise apper- taining to him ye sd Hopewell Ware his Heirs & Assignes for ever to his & their only proper use benefit & behoofe for ever And wee ye sª Daniel Ware & Mary Roberts for us our Heirs Executors administrs do Couenant promise & grant to & with ye sd Hopewell Ware his Heirs and Assigns that before ye Ensealing hereof wee are ye true Sole and Lawfull owners of ye above bargained premisses & are law- fully Seized & possest of ye same in our own proper right as a good perfect estate of Inheritance in Fee Simple & have in our selves good right full power and lawfull author- ity to grant bargain Sell convey & confirm sa bargained premisses in manner as aforesaid & that ye sd Hopewell Ware his heirs & assignes shall & may from time to time & at all times for ever hereafter by force and virtue of these presents Lawfully peaceably & Quietly have hold use occupy possess & enjoy ye sd Demised & bargained premisses with ye appurtenances free & clear & freely & clearly acquited Exonerated & discharged off & from all & all manner of former & other Gifts grants bargains Sales leases Mortgages, Wills entails, Joyntures dowries Judgments Executions Incumbrances & Extents Furthermore wee ye sd Daniel Ware & Mary Roberts for ourselves our Heirs Execu- tors Administrators do Covenant promise & Ingage ye above demised to him ye sd Hopewell Ware his Heirs & assignes against ye lawfull Claims & Demands of any person or per- sons for ever hereafter to Warrant secure & defend which shall or may claim from by or under us or either of us our or either of our heirs Executors or Administrrs & will when
BOOK X, FOL. 188.
required thereto give & pass any further & more Ample writing or Instrument for ye more sure makeing ye same In Wittness whereof I ye sd Dan" Ware & Mary my Wife freely yielding up her right in ye premisses & I ye sd Mary Roberts have hereunto set our hands & Seals this twenty second day of July Anno Domini 1719 in ye fifth Year of his Majesties Reign Daniel Ware ( seal )
Signed Sealed & Delivered Ma seal )
In presence of us Richª Pullen Lewis Bane
Marý Roberts ( seal )
Received on ye day of ye date
of these presents of our said Brother Hopewell Ware the Sum of Twelve pounds in full for ye Within purchase p us
Daniel Ware
Suffok ss Boston July ye 23th 1719 Daniel Ware & Mary his Wife &: Roberts Sub- scribrs to this Instrument person- ally appeared & acknowledged ye same to be their act & deed Before me John Clark Jus peace
Recorded according to ye Original July ye 1 : 1721 p Abram Preble Regr
Know all men by these presents That I Zachariah Tres- cott of George Town on Arrowsick Island in New England House wright for & in consideration of ye Sum of one hundred pounds by me received at & before ye Delivery of these presents of Edward Hutchison of Boston in ye County of Suffolk in New England Esq" Have & by these presents do grant Sell Convey & Confirm unto ye sd Edward Hutchis- son Two Certain Lotts of Land Scituate in George Town aforesaid Containing about Ten Acres, each being in Nunl- ber ye Eleventh & Sixteenth Lotts on wch Sixteenth Lott there is a Dwelling House wherein I Live Together with all fences frames buildings Trees members waters watercourses profits previlidges and Appurtenances to ye sª Granted Lotts belonging, And also one third part of a Saw mill standing on a Creeek in Neguassett near ye sd Island of Arowsick To Have & to hold ye sd two Lotts of Land with ye buildings thereon & one third part of ye Saw Mill & all other ye above granted premisses with their appurtenances unto ye sd Edwd Hutchisson his Heirs & assignes for ever, And I ye sª Zachariah Trescott do avouch my self at & un-
BOOK X, FOL. 189.
till ye time of ye Ensealing & delivery of these presents to be ye true Sole & Lawfull owner of all ye above granted [189] Lands & premisses Haveing in my self full power to grant sell Convey & dispose thereof in manner as aforesd yo same being free & clear of & from all Incumbrances whatso- ever And I the said Zachariah Trescott do Covenant for me my Heirs Executors & administrators to & wth ye sd Edward Hutchison his Heirs Executors Administrators & Assigns by these presents to Warrant & defend ye sd Granted Lotts of Land buildings and other ye aforegranted premisses unto him & them forever against ye Lawfull claims & demands of all persons whomsoever Provided always & these presents are upon this condition Nevertheless That if ye sd Zachariah Trescott his Heirs Executors or administrators shall & do well & truly pay or cause to be paid unto ye sd Edward Hutchison his Heirs Executors Administrators or Assigns ye sum of one hundred pounds in good bills of Credit onye Province of the Massachuttes Bay or lawfull Silver money of New England on or before ye Thirtieth day of May which will be in ye year of our Lord one Thousand seven hundred & twenty two without fraud Coven or further delay Then this present Deed of Sale or Mortgage to be void & of none Effect or elce to remain in full force & virtue In Wittness whereof I ye sª Zachariah Trescott & hannah my wife, In token of her free consent to this deed & full reinquishmt of all her right of Dower Title & Intrest of & in ye sd Granted Lotts of Land & premisses have hereunto put our hands & seals the thirtieth day of may In ye seventh Year of his Majesties Reign Annog Domini one thousand Seven hun- dred and Twenty one Signed Sealed & delivered in presence of us Benja Swan James blader
Zachariah Trescott ( seal ) (seal ) Received at & before ye deliv- ery of ye aforegoing Deed of Edward Hutchinson Esqr one hundred pounds in full for ye afore granted Land & premisses
p me Zachariah Trescott Suffolk Boston May ye 30th 1721 Then ye above named. Zachariah Trescott personally appeared & ac- knowledged ye aforewritten Instrumt to be his free act & deed
Before me John Clarke Just peace
That not withstanding what is above written in case ye above bounden Zachariah Trescott his Heirs Executors or Administrators shall well & truly pay unto ye o fore said
BOOK X, FOL. 189.
Edward Hutchinson his Heirs Executors Administrators or assignes so much as shall appear due to ye sª Hutchinson upon Adjustment of accot then this Deed of Mortgage to be void & of none Effect Wittness my hand this 30th of May 1721 Edward Hutchinson
Recorded according to ye Original July ye 4th 1721 p Abram Preble Reg™
Know all men by these presents That I Nathaniel Gerrish of Berwick in the County of York & within his majesties Province of ye Massachuttes Bay in New England for & in consideration of one hundred & Seventy five pounds in sd Province Bills of credit to me in hand well & Truly paid by Elisha Cooke Esqr of Boston in ye County of Suffolk & Province aforesaid ye receipt whereof I acknowledge & own my self fully contented & paid have given granted bargained & Sold aliened assigned Sett over & Confirmed And by these presents do fully freely clearly & absolutely give grant bargain Sell aliene assigne sett over & Confirm unto ye sª Elisha Cooke & to his Heirs & Assignes for ever a Certain parcell Land Containing about one hundred Aeres more or less Scituate lying & being in Barwich afore said at a place Commonly Called & Known by ye name of quam- phegon being butted & bounded as followeth Vizt, Begin- ning at a pitch pine Tree at ye Southeast Corner of Joseph Harts Land Extending on a north & by west Course Twelve rods & from thence north north west Seventy four rods by said Harts Land & from thence north north east ninety six rods to a Maple Tree by the edge of Salmon Falls Brook by Land of Samuel Plaisteed Esqr & so along by Salmon falls brook where it meets with a large white pine stump Markt B running Southeast by Land of Walter Allen ninety six rods Southwest halfe west from ye road to ye first bound Tree a hundred & fifty five rod & a halfe Together with apiece of Land adjoyning & lying between ye Land of ye sd Samuel Plaisteed & Joseph Hart & so runing down between ye corner bounds of ye sd Plaisted & Harts land & Comes to ye spring to ye highway leading from quamphegon to sd Salmon falls in Barwick as aforesaid Together with all & Singular ye ways profits rights previlidges heriditaments & appurtenances & whatsoever thereunto unto belongs or is by any manner of ways appertaming To have & to hold all ye above mentioned peices of of land with all ye above granted & bargained premisses with their appurtenances unto him
BOOK X, FOL. 189.
ye sd Elisha Cooke his Heirs Executors administrators & Assigns to his & their own only proper use benefit & be- hoofe for ever & I ye sª Nathaniel Gerrish for my self my heirs Executors & Administrators do Covenant promise grant & agree to & with ye sd Elisha Cooke his Heirs & Assignes in manner & form following that is to say that at & untill ye Ensealing & delivery of these presents I am ye true sole & lawfull owner of all ye above granted & bar- gained premisses with their appurtenances & stand legally possest of ye same In a perfect state of Inheritance & ye sd Elisha Cooke his Heirs Executors Administrators & Assigns shall & may from henceforth and for ever hereafter lawfully peaceably & quietly have hold use occupy possess and en- joy all ye above granted & bargained premisses they being freely and clearly acquitted Exonerated & discharged of & from all manner of former and other gifts grants bargains Sales leases Mortgages Titles troubles thirds dowryes Claims & demands Whatsoever and Further I ye sd Nathan- iel Gerrish my Heirs Executors administrators will from henceforth & for ever hereafter warrant and defend all ye above granted & bargained premisses unto ye sd Elisha Cooke & to his heirs & Assigns for ever against ye Lawfull Claims & demands of all persons Whatsoever Now know ye that if ye sª Nathaniel Gerrish his Heirs Executors or Ad- ministrators shall well & truly pay ye full Sum of one hun- dred Seventy five pounds in bills of Credet as above sª on ye Twenty eight day of September next with ye lawfull Intrest which will be in ye year of our Lord Seventeen hun- dred & Twenty one unto ye sª Elisha Cooke his his Heirs or Assignes without fraud or delay then this present Deed of Mortgage to be void & of none Effect any thing herein Contained to the Contrary Notwithstanding otherwise to abide & remain In full force strength & virtue In Wittness whereof I have hereunto set my hand & Seal & Seal october ye thirty first Anno Domini Seventeen hundred & Twenty and in ye Seventh Year of his Majesties King George his Reign &cª Signed Sealed & delivered In presence of John Bradstreet Mary Spencer
Nath" Gerrish ( seal ) York ss Berwick May 29th 1721 Nathaniel Gerrish per- sonally appeared before me the subscriber one of his Maj- esties Justices of ye peace for sª County & acknowledged ye above written deed or Instrument to be his Voluntary act & deed John Wheelwright
BOOK X, FOL. 190.
Recorded according to ye original July 5th 1721 p Abram Preble Reg™
74
[190] To all Christian People to whome this psent deed of Sale may Come nathaniel Ramsdell of York in the County of York in ye Provance of the Massachusets Bay in New england Weaver : Sendeth Greting Know Yee that the Said Nath" Ramsdell for and in Consideration of three Pounds Money to him hand well and Truly Paid by Andrew Whitt- ham of afore said York husbandman the Receipt thereof the said Nath" Ramsdell doth acknledg and him selfe there with fully Sattisfved and Contented and doth by these Presents aquit discharge and Exonerate the Said Whittham his Heirs adminestrators and Executors from Every part of the Land after Expressed which the Said Ramsdell hath Given Granted Bargined Sold aliened Enfieffed & Conveyed and doth by these Presents Give Grant bargen Sell aliene En- fieffe and Convey and fully freely and absolutely make ouer and Confirme unto the Said Whittham his heirs and assignes for Euer two acres of Land : within the Town ship or peeints of York Scittuated twenty Rodds or poles north from the now Dwelling house of the Said Nath" Ramsdell being part of ye thirty acres of Land Said Ramsdell Bought of Decon Arther Bragdon : and upon the North Side is bounded by the Land of Leutt Arther Bragdon : & runs in breadth from Said Leutt Arther brragdons Land west one quorter Part of the Breadth of Said Ramsdells Lott : that he bought of Said Bragdon : and so back ward North North west Untill two acres is fully Compleated : To Gether with all ye Rights Benefects Priveledges and aduantages With all its appertinancis both Wood under-wood timber Trees Stand lying being or Remaining with brooks or Streams or Springs of Watter with all other Previledges that Euer may redown to ye Same or any Part thereof. Unto ye Said Andrew Whittham his heirs and assigns for Euer as a Sure Estate in fee simple To Have and to hold and quiatly and Peacably to ocupie and Injoy the sª Land with out any Lett or hen- derance ; from by him the Said Nathal Ramsdell his heirs Assigns or any other Person or Persons what Soever after the Signing of these Presents : further more the Said Nath" Ransdell doth for him Selfe his heirs Executors & admin- estrators to and with the Said Andrew Whittham his heirs and assigns Couenant Promise and Ingage the abone Said Premises With all their Priueledges to be free and Clear
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