MS 14.
Literal transcription – misspellings are left intact, xxx denotes illegible
word, italicized items are my own comments for clarification – TG.
This Indenture Made the Seventeenth day of January in the
Year of our Lord one thousand Seven hundred and thirty five Between George
Ely Jun’r of Trenton Within the County of Hunterdon and Province of New Jersey
Cordwainer of the one part and Joseph DeCou of Trenton Within the County of
Hunterdon and Province afores’d Yeo: (Yeoman) of the other part, Witnefseth
that Mahlon Stacy Late of the Province afores’d had Surveyed unto him a Certain
Tract of Land Situate on the North Side of Afsanpink (the Assunpink),
Who afterwards did depart this life by
reason Whereof the Same Devolved Unto and became the right in Law of his Son
Mahlon Stacy Who Conveyed a part thereof unto William Trent, Who afterwards
died Inteftate Whereby the Same became the right in Law of James Trent as
Son and heir to xxx (possibly Ye) s’d William Trent, and the S’d James
Trent did Convey a part thereof Unto Isaac Harrow Who did by Indenture bearing
date the Sixteenth day of January Anno:1735 Did Convey one Quarter of an Acre
and Six pearches of Ground Unto George Ely partie to these presents Which
S’d Lott is Situate in Trenton on the North Side of Pettits runn and is bounded
as followeth Viz: Begins at a Stone for a Corn’r on the North Side of S’d
runn being on the east Side of the road thence along the Same North four deg’s
(degrees) east one Chaine and forty four links to a Stone thence North
eighty deg’s east Two chaines and Twenty eight links by S’d Harrows Land to
a Stone by an old Stump then South fourteen deg’s east one Chaine by S’d Harrow
to the afores’d runn of Water then South Seventy one deg’s fifteen xxx (possibly
min for minutes?) West Two chaine and Seventy three Links to the S’d road
or Place of Beginning Containing one Quarter of an Acre and Six pearches of
Ground as may More plainly xxx (differ?) by the S’d Conveyance relation
being thereunto had, Now This Indenture further Witnefseth that the S’d George
Ely for and in Consideration of the Sum of Six Pounds Curr’t Money of New
Jersey to him in hand paid by the S’d Joseph DeCou at and before the Sealing
and delivery of these presents the receipt
Whereof he the Said George Ely doth hereby Acknowledge and thereof
and of every part and Parcel thereof doth
hereby Clearly Acquit exonerate release and difcharge the S’d Joseph DeCou
his heirs Ex’s (Executors) and every of them forever by these presents
hath granted bargained Sold aliened enfeoffed released Conveyed and Confirmed
and by these presents doth fully Clearly and absolutely Grant bargain Sell
Alien enfeoff release Convey and Confirm Unto the S’d Joseph DeCou his heirs
and afsigns for ever the full Mojety (Moiety?) or halph part of the
above mentioned and described Lott of Land or Twenty Three pearches, Which
S’d Granted on e halph part of Twenty three pearches of Ground Shall have
its Width on the runn or Stream of Water and alfo in front upon the road in
Proportion to the Whole as Near as the S’d Joseph DeCou Shall think Convenient
Without discommoding the S’d Lott or obftructing the Same, and that the Said
Mojety or halph part Shall be Said (Laid?)of from the Whole In Such
a Part of the Lott as the S’d Joseph DeCou Shall See fit, or Convenient, as
afores’d and until the divifion be made the S’d Joseph DeCou his heirs and
afsigns Shall have free Liberty xxx (tenancy?) Use of the Whole or
any part thereof Together With all the Ways Waters Water Courses or Streams
of Water, With free Liberty To Turn or Carry the S’d Water Cour’s or Stream
into or through any part of the granted land, So that the Course of the Same
be not Obstructed, With all the Mines Mineralls Quarries and all and Singular
other the royalties Profits Commodities & hereditaments of the S’d Mojety
or halph part belonging or in any Wise appertaining, and all the eftate right
Title Intrest property Pofsefsion Claime and demand Whatsoever of him the
S’d George Ely and his heirs both in Law and equity of in or to the Same or
any part or parcel thereof, and the reverfions and remainders of all the granted
premifses with all the rents Ifsues and profits thereof To Have and to hold
the Said Mojety or half part of the above Mentioned and described Lott of
land and all and Singular the before granted premifses and every part thereof
Unto the S’d Joseph DeCou his heirs and afsigns To the only proper use and
behoof of the S’d Joseph DeCou his heirs and afsigns forever And the S’d George
Ely for him Selfe and his heirs Ext’s doth Covenant premifses agree To and
With the S’d Joseph DeCou his heirs and afsigns in manner and form, following,
that is to Say that the S’d George Ely at the time of the enfealing and delivery
of these presents is & Standeth Lawfully and rightfully Seifed of and
in the S’d one halfe part or Twenty Three pearches of Ground and other the
premifses of a good Sure Lawfull abfolute and Indefeifible Eftate of Inheritance
in fee Simple and that he now hath Good right full Power Lawfull and absolute
Authority in him Selfe To grant bargain Sell release Convey and Confirm the
Said Mojety or half part of the above described lott of Land and all other
the granted premifses Unto the Said Joseph DeCou his heirs and afsigns forever
According to the xxx True Intent and Meaning of these presents And that the
S’d Joseph DeCou his heirs and afsigns and every of them Shall and May by
force and virtue of these presents from time to time and at all times forever
hereafter Lawfully Peaceably and Quietly have hold use Occupy Pofsefs and
enjoy the Said one Granted halfe of the S/d Lott and other the premifses and
every part thereof Without any Lawfull Let Suit Trouble denial eviction ejection
or any other Interruption Whatfoever of him the S’d George Ely his heirs Ex’rs
or of any other perfon or perfons Whatsoever Claiming or pretending to Claime
any part or parcel thereof, and that the S’d one halfe part or the S’d lott
of land and other the bargained premifses xxx and So from time to time and
at all times hereafter forever, Shall be xxx (remain?) and Continue
free and Clear and freely and Clearly Acquitted exonerated and difcharged
of and from all and all manner of former and other gifts grants bargains Sales
Leases Mortgages and of and from all and Singular other Titles troubles Charges
and Incumbrances Whatsoever the Quit rents thereout Ifsuing only excepted
to our Sovereign Lord the King his heirs and Succefsors With the Arrearages
thereof if any be, And the Said George Ely for him Selfe and his heirs Ex’rs
doth Covenant promife and agree to and with the Said Joseph DeCou his heirs
and afsigns that the S’d Granted Land and other the premifses Unto the S’d
Joseph DeCou his heirs and afsigns forever against him the S’ George Ely and
his heirs and against all and every other perfon and perfons Whatsoever Shall
and Will Warrant and forever defend by these presents, And further that the
Said George Ely his heirs and all and every other perfon Claiming Under him
or them Shall and Will from Time to Time and at any Time hereafter upon the
request and at the Cost and Charge in the law of the S’d Joseph DeCou his
heirs and afsigns Make do Suffer execute and acknowledge or Co be Made done
Suffered executed and Acknowledged all and every Such Further Lawfull act
and acts thing and things Conveyances and afsurances in the law Whatsoever
for the further better and more perfect afsurance Surety Sure Making Conveying
and Confirming all and Singular the granted premifses and every part thereof
unto the S’d Joseph DeCou his heirs and afsigns forever According to the Tenor
Purport true Intent and Meaning of these presents, as by the S’d Joseph DeCou
his heirs or afsigns or his or their Council Learned in the law Shall be devifed
advised or required In Witnefs Whereof the Said George Ely hath to this present
Indenture Sett his hand and Seale the day and Year above Written Anno Domini
1735
In the prefence of}
Signed: Jos. Reed
Signed: John Harrow
Signed: Joseph Wright
Rec’d the day of the date above Written of Joseph DeCou the Sum of Six Pounds being the Consideration above mentioned I Say rec’d by me xxx
Signed: George Ely Jun’r
Signed: George Ely Juner Seal
Verso: Be it remembered that on the Twenty Sixth Day of May one thousand Seven hundred and Thirty Seven Personally Came and affirmed before me John Reading Esq’r one of his Majestys Council for the province of New Jersey the xxx xxx Named George Ely and did Acknowledge that he Signed and Sealed the within Deed and Deliver the Same as his voluntary act and Deed for the ufes therein Mentioned
Taken before me Jno (John abbreviation)
Reading
Geo Ely To Jos DeCou
Xxx (Possibly Sam or Tan) Yard Lott
Title: DEED
George Ely}
To}
Joseph DeCou} xxx
Sam (Possibly Sam or Tan) Yard Lot
In pencil: 17th January 1735
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