New York Land Records, Schoharie Deeds, 1848, volume 15-16

Book 16, pages 358 and 359

Grantor (first part)

Thomas & Elizabeth Hays and James & Almira Hays

Grantee (second part)

Elon McDonald

358

This Indenture, made the twenty ninth day of April, in the year of our Lord one thousand eight hundred and forty-eight, between Thomas Hays & Elizabeth his wife and James Hays & Almira, his wife, of the Town of Wright, in the County of Schoharie and the State of New York of the first part, and Elon McDonald, of the Town of Wright, aforesaid, of the second part. Witnesseth: That the said parties of the first part, for and in consideration of the sum of One Hundred Dollars, lawful money of the United States of America, to them in hand paid by the said party of the second part, the receipt

(end of first page)

359

whereof is hereby confessed and acknowledged, have granted, aliened, remised, released, confessed and confirmed, and by these presents doth grant, alien, remise, release, confess and confirm unto the said party of the second part, and to his heirs and assigns forever: All that piece or parcel of land situate in the Town of Wright aforesaid, in a Patent granted to Col. Jacob Sternbergh & others. The Lot hereby intended to be conveyed his on the westerly side of the Township Road, and is taken from the southeasterly corner of the Farm the said parties of the first part has lately purchased of John Hays, and takes its beginning in the centre of the said Road and runs a westerly course along the land of Jacob J. Schoolcraft, as far as his land runs, say about nine rods to his northwesterly corner; thence a northerly course, eight and one half rods, to a stone set in the ground for a corner; thence an easterly course with a parallel line of the said Schoolcraft line about nine rods into the centre of said road; thence a southerly course along the centre of said Road, eight and one half rods to the place of beginning, containing one half acre of land, reserving the right to purchase the said Lot of land, in case the said McDonald wants to sell it. Together with all and singular the hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part of the first part, either in law or equity of, in and to the above granted premises, with the said hereditaments and appurtenances. To have and to hold the above mentioned and described premises, with the appurtenances and every part and parcel thereof to the said party of the second part, his heirs and assigns forever. And the said Thomas Hays, and James Hays, for themselves, their heirs, executors and administrators covenant, grant, bargain, promise and agree to and with the said party of the second part, his heirs and assigns, to warrant and forever to defend the above granted premises, and every part and parcel thereof, now being in the quiet and peaceable possession of the said party of the second part, against the said parties of the first part, their heirs, executors, administrators and assigns, and against all and every other person or persons claiming or to claim the said premises, or any part thereof. In witness whereof, the said parties of the first part, have hereunto set hands and seals, the day and year first above written.

Sealed & delivered in the presence                             Thomas Hays, L.S.

of Simeon Morgan, Witness.                                            Elizabeth Hays, L.S.

                                                                                                      James Hays, L.S.

                                                                                                      Almira Hays, L.S.

State of New York,

Schoharie County, SS.          On this 29th day of April, 1848, personally appeared before me, Thomas Hays & Elizabeth, his wife, and James Hays and Almira, his wife, and acknowledged that they executed the within instrument. And I certify that I know the persons who made the said acknowledgment to be the individuals described in, and who executed the said instrument. And the said Elizabeth & Almira, on a private examination by and before me, severally acknowledged, that they executed the said conveyance freely and without any threat, fear or compulsion of their husbands. I allow the same to be recorded,

Recorded & Ex. the 1st day of May

1848 at 3h. P.M.

              Stephen Maham,                             Clerke Simeon Morgan