USA > Maine > York County > York deeds, Book X 1719-1722 > Part 52
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BOOK X.
37
BOOK X, FOL. 224.
nant Engage & Promise ye above bargained & demised Premises with all their Privillidges to be free & Clear & clearly acquited from all former Gifts grants Bargains Sales Rents Mortagages dowery Widows Thirds Executions or any other Incumbrances whatsoever, as also from all further Claims demands Challinges lawsuits Interuptions or Dister- brances whatsoever to be had or Cominced by him ye sd Henry Combs his heirs Executors or administrators assigns or any Person or persons whatsoever upon grounds or Title of law ye sd Henry Combs doth from & after this date War- antize & will defend ye Same & further ye Sd Henry Combs doth bind & oblidge himself if desired to pass or make Such further deed or Instrument for ye better Securing or making good ye above bargained Premisses as in law may be desired or Required in Witness hereof ye Sd Henry Combs hath hereunto Sett his hand & Seal this first day of Decem- ber in ye Year of our Lord one Thousand Seven Hundred & Twenty one & in ye Eight Year of ye Reign of our Sov- eraign Lord George King of Great Brittain &c
Signed Sealed & Delivered
in the presence of us Joseph Sayward John Preble Abra Preble
Henry Combs HC York ss York Decem" 1st 1721 Henry Combs psonally appearing before me & acknowledged this above written Instrument to be his free act & Deed before me Abra Preble. Justice Peace
Recorded according to ye origanall ye 1st Decem" 1721 p Abram Preble Regr
[224] To all Christian People to whom this deed of Sale may Come Benjamin Webber of York in ye county of york in ye Province of ye Massechusets Bay in New England, Sendeth Greeting Know ye ye Sd Benja Webber Yeamon for & in Consideration of Twenty five Acres of land Sold Confirmed & delivered to him by Robert Gray of Sd york Labourer Lying & being upon ye Southwest side of ye River of Sª York as p Sª Grays Deed to Sd Webber may more at Large appear at the Rexcute whereof ye Sd Benja Webber doth acknowledge himself therewith fully pd Sattisfy'd & Contented & doth hereby aquit & Discharge ye Sd Robert Gray his heirs Executors & Administrators of all & every part thereof, hath given granted bargained Sold aliend En- fieffed & made over & doth by these Presents give grant
BOOK X, FOL. 224.
Bargain Sell Aliene enfiefie & make over & fully & Abso- lutely Convey & Confirm unto ye Sª Roht Gray & his heirs & assigns for Ever Nineteen acress & Three quarters of land within this Sd Township of Sd york River between goose Cove & ye dividing line of S' York & Kittery which was Laid out to Zebulun Preble & Sold by him to Sd Benja Web- ber a p their writting on Record may fully appear & is but- ted & bounded as followeth Vizt begining at a Hemlock tree marked on four sides which is ye north west Corner bounds of a lot of land of eighty acres formerly laid out unto Mr arthur Bragdon Sen' & Runs from thence South East fifteen pole to another lott of land yt was also laid out unto ye Så Arthur Bragdon & Runs back Sª Breadth of fifteen poles. Southwest two hundred & ten poles or Pearch to abovesd Dividing line between Sd York & Sª Kitterry being bounded upon ye Northwest by ye land of John Parker Jun' & upon ye Southeast by ye land of Ralf Farnum & ye land of Sa Bragdon & by Sª Webbers one land or however is or may be Reputed to be bounded although it may not herebeso fully Set forth or expressed Together with all ye Rights Tittles Privilliges Emolements appurtenances Intrests advan- tages by any other Propilies by any wayes or means what- soever belonging to ye Sª land Medow land wood underwood timber timber trees Standing being or Remaining upon or unto Sd land or bargained Premisses or that may hereafter Redown unto ye Same or any Part or Parcell thereof unto him ye Sa Robert Gray & his heirs & assigns for ever. To have & to hold and quietly & Peacaby to use occupy & Injoy as a good perfect clear estate in fee simple Moreover ye S' Benja Webber doth for himself his heirs Executors & administrators to & with ye Sª Robert Gray his heirs & assigns Covenant Ingage & promise ye above demised & bargained Premisses with all & Singular their Priviliges & appurtenances to be free & Clear & freely & Clearly aquited from all former gifts Grants Bargains Sales Rents Rales Mortages leives dowrys Widows thirds heirship by intails or any other Incumbrances whatsoever as also from all further Claims Challinges disturbancies arest by law Suits to be had or Cominced upon any ground or Title of law whatsoever ye Sª Webber doth declare & avouch that he hath full power & good Title to Sell and dispose of abovesd land &c, being ye Rightfull & lawfull Owner thereof untill ye Sealing & delivering hereof & further ye Sª Benja Webber doth bind & oblidge himself his heirs Executors & administrators to warrantize & defend unto ye abovesd Gray & his heirs & Assigns for ever The abovesd Premisses
BOOK X, FOL. 224.
against al ye lawfull Claims or demands of all Person or Persons whatsoever in Wittness hereof ye Sª Benja Webber hath hereunto Sett his hand & Seal This Twenty Seventh day of November in ye Year of our Lord one Thousand Seven Hundred & Twenty one & in ye Eeight Year of ye Reign of our Sovereign Lord George King of Great Brit- tain &c
Signed Sealed & delivered
in ye Presence of Johnson Harmon John Kingsbury
John Harmon
Benja Webber
York ss York Novr 27th 1721: Benja Web- ber psonall appeared & acknowledged ye above Written Instrument to be his free act & Deed
before me Abra Preble Justice Peace
Recorded according to ye origanall ye 27th Nov 1721. p Abram Preble Reg™
To all Christian People to whom this deed of Sale may come Robert Gray of york in ye County of york in ye Prov- ince of ye Massachusets Bay in New England Sendeth Greeting Know ye the Sa Robert Gray for & in Consider- ation on Nineteen Acres land three Quarters of land lying & being upon ye Southwest Side of the River of Sd york upon ye Southeast side of John Parkers land & sold by Zebulun Preble unto Benja Webber & by Sa Benja Webber Sold Confirmed & delivered to him ye Sd Robert Gray of Sa York Husbandman as ye Receipt thereof the Sa Robert Gray doth acknowledge himself therewith fully paid Sattistied & Con- tented & doth hereby aquit & Discharge ye Sª Benja Web- er & his heirs Executors. &. administrators & hath given granted Bargained sold aliened Enfiffed & Conveyed & doth by these presents give grant Bargaine sell alliene enfiffic and Convey unto him ye Sª Benja Webber & his heirs & assigns forever, Twenty five Acres land upon ye Southwest side of. sd york River. & is upon ye Northwest side of ye old Mill Creek being part of that he ye Sd Robert Gray formerly Purchas'd of. Colo Elisha Hutchinson upon ye North part of ye Branches of Sa old Mill Creek being Twenty five acres bounded by ye land of Mathew Grover upon ye South westward & upon ye North Eastward upon ye land of Andrew Grover, taking in length & Breadth the full length & Breadth of Twenty five Acres to Justly & fairly laid out unto ye Sª Benja Webber in. &. upon ye Sª land unto ye Sª Benja Webber. & his heirs & assigns for-
BOOK X, FOL. 225.
ever. in Just & Equall Proportion Sª Gray Reserving a way for his own use & Benefitt upon ye one side of Sª land of his own part next to Ebenezer Blazdells land, but how ever is or may other ways is or may be settled or Reputed to be bounded or by any laying ont or Return is or may be Reputed to be bounded, together with all ye Rights Titles Privalidges appurtanances Emolimenents Procurements or advantages belonging unto ye sª Twenty five acres of land above set forth & Expressed with all ye Privilages of all wood underwood trees Timber trees standing being Lying or Remaining on ye above appurtanances or that ever may Re- down to the same, unto him ye Sª Benja Webber his heirs & assigns forever to have & to hold & quietly & Peacably to possess & Injoy as a good & sure estate in fee simple, More- over the sª Robert Gray doth for himself his heirs Executors & administrators to & with ye Sª Benja Webber his heirs and assigns Covenant Ingage & Promise ye above bargained Premisses to be free & freely & Clearly aquited ye above Bargained Premisses with all their Privillidges from all former Gifts grants bargains Sales Rents Rates dowry Mort- agages or any other Incumbrances whatsoever as also from all futer Claims Challinges or [225] Demands or any other Interruptions whatsoever to be had or Cominced by him ye Sª Robert Gray or any other Person or persons whatsoever & that from and after this date ye Sa Robert Gray doth bind & oblidge himself his heirs & Executors & administrators to warrantize & defend unto ye sª Benja Webber the above demised Premised Premisses to him ye Sª Webber & his heirs & assigns forever from all person & persons whatso- ever in Witness hereof ye Sª Robert Gray hath hereunto Sett hand & Seal this Twenty Seventh day of November one Thousand Seven Hundred & Twenty one in ye Eighth Year of his Majestyes Reign &c Signed Sealed & Delivered in the Presence of us Robert Gray 2 his Johnson Harmon John Kingsbury John Harmon
mark York ss York : Noum ye 27th 1721 The above named Robert Gray Personally ap- peared & acknowledged this above Instrument in Writting to be his free act & Deed
before me Abra Preble Justice Peace
Recorded according to ye origanall ye 27th Novr 1721 p Abram Preble Regr
BOOK X, FOL. 225.
To all People to whom these Presents Shall Come William Moor of York in ye County of York within his Maj- estyes Province of ye Massachusetts Bay in New England Labourer Sendeth Greeting, Know ye that Wim Moor for & in. Consideration of ye Sum of four pounds in Current money of ye abovesd Province to me in hand before ye En- sealing hereof well & truly paid by Nathaniel Doniell of ye abovesª Town County & Province aforesª Yeamon ye Receipt whereof I do hereby acknowledge & thereof & every Part & Parcell Exonerate & acquit & discharge ye Sd Nathan" Doniell his heirs & assigns forever have given granted Bar- gained Sold aeniled released Conveyed & Confirmed & by these presents do fully freely & absolutely give grant bar- gain sell Remiss Release Transfer, Convey & Confirm unto ye Sª Nathan" Doniell & to his heirs & assigns for ever one Certain peice percell Tract or tenement of land Containing ten acres more or less Sittuated between ye head of Rogeres Cove & Broadboat harbour lying on ye South Side of york River laid out & bounded as followeth Vizt Begining at ye Beach Tree Standing at ye Eastward Corner of Edwª Beals land markt on four sides Running along upon a West North- west line Sixty Poles or Pearch to John Moors land abovesd to a Beach Tree marked on four sides which Standeth at ye eastward Corner of ye Parcell of Sª Beals land which lyeth on ye Westward side of John Moors land Except a Cart way for Edwd Beal abovesd Round ye Corner of Moors land from one percell of sª Beals land to ye other if he shall have need thereof & then from ye Beach tree last mentioned to run on a Northwest & by West line Sixteen poles or Pearch to a Hemlock tree marked on four sides & then North Northwest Twenty three Poles or Pearch to an ash Marked on four sides from thence east southeast to four Bass Trees Standing in Rogers Brook marked on four sides & So along south southwest by Mr Doniells Bounds to a Hemlock marked on four sides standing at ye Westermost corner of Mr Doniells Bounds & then West Twenty Three poles or Pearch to a hemlock Marked on four sides being ye North- ward Corner of Mr Rains Bounds & then South southwest by Mr Rains Bounds to ye Beach where we began To have & to hold ye Sd granted & Released Premisses & every part thereof to him ye sª Nath" Doniell & to his heirs & assigns forever to him & their only Proper use Benefitt and behoofe for ever more so that neither I ye Sª Wim Moor My Heirs or assigns nor any other person or persons by from or under me them or any of them shall or will by any means here- after have Claim Challinge or demand any Estate Right
BOOK X, FOL. 225.
Tittle or Intrest of Mine or to all or any Part of ye Sd granted & Released Premisses but of & from all & every action of Right estate Tittle Intrest Claim & demand of it, & to ye Premisses & every part & parcell thereof I my Self & every of them shall be utterly excluded & for ever de- barred by these presents & further I ye Sª Wim Moor for my Self my heirs Executors administrators do hereby Covenant grant & agree ye above granted & Released Premisses with ye appurtanances & every Part thereof unto ye Sd Nath" Doniell his heirs & assigns against ye lawfull Claims & De- mands of all & every person & persons any ways Claiming or demanding ye Same or any Part thereof by from or under me forever hereafter to Warrant & Defend In Witt- ness Whereof I have hereunto Sett my hand & Seal this fourteenth day of June Anno Domini one Thousand Seven hundred & Twenty in ye Sixth Year of ye Reign of our Sov- eraign Lord George King of Great Brittain &c it is to be further understood before Signing that ye Sª Wim Moor do sell & Convey as abovesd only ye whole two thirds of ye above demised Premisses ye other Third belonging to his Cosen John Moor of Sª York Signed Sealed & Delivered William Moor
in the Presence of us
Abraham Preble
Nathaniel Freeman
York ss York June 27th
1720 Wim Moor psonally appeared & acknowledged ye above Instrument to be his free act & Deed
before me Abra Preble Justice Peace
Recorded according to ye Origanall ye 27th June 1721 p Abram Preble Reg
Know all men by these presents that we Benja Hnchings & Sam" Huchings having a Controversy in a line between Our lands & other matters & willing not to Contend with our selves but make Choice of Mr Ebenezer More & Mr John Sheppard to be arbatrators to end ye differance be- tween us & if they Should not agree then ye Sd Arbatrators to make Choice of a third man & for ye true performance hereof we bind our selves our heirs Executors administrators & assigns Each to the other in ye painfull sum of two hun- dred pounds money firmly by these presents Sealed with our Seals this third day of December & in ye Sixth year of his Majesties Reign Anno Domini 1720
The Condition of this obligation is Such that if ye above bounded Benjamin Hutchings & Samuel Huchings their
BOOK X, FOL. 226.
heirs Executors. &. administrators for there & every of their parts & behalfe shall & do in all things well & truly Stand to obey abide observe perform fulfill & keep ye ward order arbatratment Judgment finall end Determination of Ebenezer More & John Shepard Arbatrators Indeferant Chosen Elected : and named as well one ye one part & be- halfe of ye above bounded Benja Huchings & Sam" Huchings as if the above named Eben" more & Jnº Sheppard to arba- trate award order Judge & Determinate or fix upon Con- cerning all & all manner of action or actions Cause Causes of actions JJudgments Quarrells & Controvarcies whatsoever at any time hereafter had about ye Premisses to be all way ye Sª award of ye Sª Arbatrators to be a finall end & Judgment of ye Sª arbatrators afore or upon ye Premisses be made & given up in writting Endented under their hands & Seals Ready to be delivered to ye Sd partys on or before ye Tweny Second day of this Instant month ye date above written then this obligation to be voyd & of none effect otherways to stand & remain in full force Strength & Vertue
Signed Sealed & Delivered
in ye Presence of us
John More
Sarah Mitchell
Benjamin Huchings his · mark Samuel Huchings (s) his Mark
[226] York ss : Aprill 29th 1721
This day ye within Samuel Hutch-
ings psonaly appeared before me ye Subscriber one of his Majestyes Justices of ye Peace for Sª County & acknowledged This within Written In- strument to be his free act & Deed William Pepperrell Recorded according to ye Origanall ye 1st Decem" 1721 : p Abram Preble Regr
To all Christan people to whom these Presents Shall Come Ebenezer More & John Sheppard both of Kittery Sendeth Greeting Know ye that whereas there is a Con- troversy betwen Mr Benjamin Hutchings & Mr Samuel Huchings both of Kittery Relating to ye boundaryes of their house Lotts on the east side of Spruce Creek in the town- ship of Kittery in ye County of York & were ye homesteads of ye late Henry Bady & M' Philips & Rowland Williams Now Deceased, but now in ye possession & occupation of ye
BOOK X, FOL. 226.
Sª Benja Huchings & Sam" Hutchings & for as much as ye above named Benja Huchings & Sam" Huchings have refered ye Controversyes Relating to ye boundaries of ye above sª house lotts to us ye Subscribers as Arbatra- tors Indifferently Chosen by both partys to Settle ye Sd Bounds & Determinate all. Differances Relating thereto & to make a finall end of all things Concerning ye Same as appears by an Instrument under their hands & Seals baring Date ye third day of December. 1720 may more at large ap- pear which sd Trust Reposed in us ye Subscribes we do by these present except of in order to preserve peace & amity between both Partys & that all Contentions quarills Strifes Differances Controversies whatsoever relating to ye Premisses Should finally end we do by this present Decree enact order sett down & award as followeth Imprimus that ye Sd Bound- ary or Dividing line between both partys Shall take its begining at ye South side of an old red oak tree standing on ye edge of ye bank fronting Spruce Creek being owned by both partys to be an old bound mark between both their Respective lotts & So to run on a straight line from ye Sd oak as aforesd to a stone sett up by us ye Subscribers above ye Country Roade about five or six foot to ye Southward of ye Dividing fence between ye Sa Sam" Huchings & John Huchings and ye Sª boundary as they are sett forth in these presents, we do by these presents order & enact that they shall be & abide the true & unquestionable Bondage of their Sd house lotts forever hereafter, & we further enact that both partys Shall have free Liberty to Remove their part of fencing that stands out of ye line & sett it in ye true line by us determined, sett forth as aforesª in Wittness Whereof we have hereunto sett our hands & Seals This Twentieth day of December one Thousand Seven hundred & Twenty
Ebenezer More
John Sheppard Arbitrators
December 20th 1720. When we above mentioned Came & Settled ye Bounds both partys appeared & Said they were both well Sattisfyed with what we had done as Wittness our hands
Benjamin Huchings his Mark
Samuel Huchings his mark
Recorded according to ye Origanall ye 1 Decem' 1721 p Abram Preble Reg™
BOOK X, FOL. 226.
To all People to whome These Presents Shall Come allice Shortridg of the Town of Ports Mouth in New hamshair in New England tho only Surviveing Child of Thomas Crebas late of Ports Mouth aforesd decaced Sendeth Greeting Know Ye that ye Said allice Shortridg for and in Consideration twenty Seven Pounds Curant Money to me in hand before : the Ensealling hereof well and truly Paid by Isaac Hoar of the Town of Falmouth in the County of York in New eng- land Planter the Recaipt whereof the Said Alliac Shortrid doth hereby acknowledg and her Selfe therewith to be thereof and therewith fully Sattisfied and Contented and thereof and Euery Part and Parcel thereof do Exonerate aquit and discharge the Said Isaac Hoar his heirs Executors and adminestrators and Enery of them for Euer by these : Presents : Haue Given Granted Bargained Sold aliened En- fioffed Conueyed : and Confirmed and by these Present do freely fully Clearly and absolutly Giue Grant Bargain sell aliene Conuaigh and Confirm Unto him the Said Isaac Hoar his heirs and assigns for Euer all her Right title Interest Clame and demand whatsoeuer which Shee hath or ought to have of in and unto the one halfe of all that tract or Parcell of land and Marsh Scituate lying and Being within the Town of Falmouth aforesaid it being ye one halfe Part of all that tract Containing one hundred acres of land with Its Propo- tion of Marsh Which George Cleaues & Richard Tucker Sold Granted and Confirmed Unto John Moses of Pescata- qua aby Said Cleave and Tuckers deed to Sd Moses Bareing date the sixt day of Aprill in the Year 1646 : referance to the Same deed being had for ye Butts and bounds thereof will Plain and at Learge appeare which land and Marsh &c : the Said John Moses by his deed of Confermatt dated ye third day of July anno dom' 1669 : did Give assign and Confirm the Same unto his two sons in law Joseph Walker and the above said Thomas Crebar their heirs and assigns for Euer Equally to be deuided betwene them as by Said deed Referance there unto being had will Plain and at learg appear : to Geather with all and Singuler the Priueledges and appertinances thereof : To have and to hold all and sin- guler ye before Granted and Bargained Premises to Geather with all and singuler the Priveledges and appurtinances thereof Unto the Said Isaac Hoar and his heirs and assigns for Euer : to his and theire one Propper Vse Bennifict & behoofe from hence forth and for euer : and that it Shall and May be lawfull to and for the Said Isaac Hoar his heirs and assigns : Into the Premices to Enter and the Same lawfully Peacably and quiatly to have hold Use ocupie Possess and Injoy freely and Clearly and Clearly aquited and discharged
BOOK X, FOL. 227.
from all titles Trubles Charges and Incumbarances Whatso- euer from hence forth and for Euer further More ye Said Ellice shortridge for her Selfe her heirs Exects & admines- trators : do Couenant and Ingage the aboue demised Prem- ises to him the Said Isaac Hoar his heirs and assigs aGainst the lawfull Clames or demands of any Person or Persons what soeuer : for Euer here after to Warant secure and de- fend also Richard Shortridge : the son of the Said Allice Shortridge doth hereby Give Grant Yeald up and Surrender his Right in and to the Premices unto the Said Isaac Hoar his heirs and assigns for euer In witness whereof the Sd Ellice Shortridge and Richard Shortridge have hereunto set their [227] hands and Seals this thirteenth day of Decem- ber anno dom' 1721 : sealed and deliverd Allice
In the Presents of us George Walker James Jeffry
her Shortridg ( seal )
mark Richard shortridg ( seal )
Decem' ye 13th 1721 Prouance of New hamsheir at Ports Mouth Within Said Prouance Within Said Prouanc of New hamshair then Parsonally appeared before Me the subscriber hereof allice Shortridg and Richard Shortridg and acknoledged the aboue Instrument to be their free act and deed
Richr Wibird Jus Peace
Recorded according to the orig" Decm ye 14th 1721 : p Abram Preble Regr
To all People to whome these Presents Shall : Come George Walker in the Town of Portsmouth in New ham- sheair in New England Gent Sendeth Greeting Know Yee that the Said George Walker for and in Consideration of the Sum of forty Pounds Currant money to him in hand before the Ensealing and delivery hereof Well and truly Paid by Isaac Hoar of the Town of falmouth in the County of york in New england Planter the Recaipt whereof ye Said George Walker doth hereby acknoledge: and him Selfe thereof and therewith fully Sattisfied and Continted and thereof and of Euery Part thereof and Parcel thereof do Exonarate aquit and discharge the Said Isaac Hoar his heirs Executors Adminestrators and assigns for Euer by these Presents Have Given Granted Bargained Sold aliened En- fioffed Conuayed and Confirmed : and by these Presents Do freely fully Clearly and Absolutely Give Grant Bargain
BOOK X, FOL. 227.
Sell aliene Enfioffe Conuay and Confirme unto him the Said Isaac Hoar his heirs and assigns for Euer the one half Part of all yt hundred acres of land in Casco Bay which George Cleaves and Richard Tucker Granted and Confirmed unto John Moses of Pascataqua as by their deed to Said Moses Bareing date the Sixt day of Aprill in the Year 1646 : to Gether with all and So much Marshey Ground as belongs to the Same : and be the Buts and Bounds howsoever refer- ance to the aboue sd Deed being had will Plain appeare : the Said John Moses haveing by deed bareing date ye third day of July. annº dom' 1669 : did assign and Confirm the same land to his two Sons in law Joseph Walker father of the above Sª George Walker: and thomas Crebar to them Equally to be devided betwene them and theire heirs and assigns for Euer : as by Said deed referance there Unto being had will plain and at Learg appear together also with all the Wood under wood timber Trees standing Growing and being upon ye pmises to geather with all houses frames Barns fences & Standing or being upon the Same : To have and To hold : all and singuler the aboue Granted and Bar- gained pmises together with all and singuler the Prive- ledges and appurtinances thereof unto the Said Isaac Hoar his heirs and assigns for Euer to his and their one proper use Benifict and behoofe from hence forth and for Euer law- fully Peacably and quiatly : to haue hold. Vse ocupie Posess and Injoy free and Clear and freely and Clearly aquited and discharged from all Titles trubles Charges and Incumbar- ances whatsoever : further More the Said George Walker for him selfe his heirs Executors and adminests Do Couenant and Ingage the aboue demised premises to him the said Isaac Hoar his heirs and assigns aGainst ye lawfull Clames or demands of any Person or Persons whatsoever : for euer hereafter to warant Secure & defend In Witness whereof the Sd George Walker hath hereunto set his hand & seale this 12th day of december annº doñ : 1721
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