Tough to photograph this deed, since the glass is very reflective and the printing is extremely small. |
My computer screen showing the Warwick Woodlands site. |
Transcription of 1761 deed of the Biemesderfer Tract
Thomas Penn and Richard Penn Esquires true and absolute Proprietaries and Governors in Chief of the Province of Pennsylvania and Counties of Newcastle Kent and Sussex on Delaware To all unto whom these presents shall come Greeting. Whereas in pursuance of a warrant under the Seal of our Land Office bearing date the Fifteenth day of February one thousand seven hundred and forty nine there was Surveyed the fourteenth day of April one thousand seven hundred and fifty unto Michael Hype alias Eup, A Certain Tract of land situate in Warwick Township in the County of Lancaster bounded and described as follows vvi. Beginning at a marked Hickery in a line of Abraham Steiner Land Thence by the same South thirty three degrees East seventy six perches to a marked Black Oak South sixty degrees East ten perches to a marked White Oak North sixty five degrees East eighty perches to a marked Hickery and South forty five degrees East sixty eight perches to a post Thence by Land of John Burkholder North forty five degrees East one hundred and eighteen perches to a marked White Oak Thence by Lands settled by George Klein North forty nine degrees West One hundred and thirty eight perches to a small marked White Oak and North seventy six degrees West eighty two perches to a marked White Oak Thence by Land settled by Francis Spies South thirty degrees West one hundred and thirty two perches to the place of Beginning Containing One hundred and seventy one acres and the usual allowance of Six acres Absent for Roads and Highways As in and by the same Warrant and Survey remaining in our Surveyor Generals Office and from thence certified into our Secretaries Office more fully appears And Whereas in and by certain Indenture bearing date the Thirteenth day of June last past made or mentioned to be made by and between Peter Huber and Mary his Wife late Mary Hype alias Eup the widow and Administratia of all and Singular the Goods and Chattels Rights and Credits of the aforesaid Michael Hype who died intestate, Of the one part and Andrew Huber of Warwick Township aforsaid Yeoman Of the other part They the said Peter Huber and Mary his Wife for the considerations therein mentioned granted bargained sold released and confirmed the said described Tract of One hundred seventy one acres of Land with The Appurtenances unto the said Andrew Huber his Heirs and Asigns To hold to him the said Andrew Huber his Heirs and Assigns for Ever Under and Subject to the purchase Monies Interest and Quitrent due to the Propreitaries ? And Whereas the said Andrew Huber and Gertraud his Wife and by certain Instrument of Writing endorsed the aforesaid recited Indenture for the Consideration therein mentioned and bargained sold aliened enscoffed and confirmed the aforesaid described Tract of One hundred and seventy one acres of Land with the appurtenances unto the aforesaid Peter Huber Under and Subject to the Purchase Monies aforesaid Assigned by the said recited Indenture and Writing endorsed Relation being thereunto had more fully appeared Now at the special Instance and Request of the said Peter Huber that We would be pleased to grant him a Confirmation of the same Know Ye that for and in Consideration of the Sum of Twenty six pounds ten Shillings and one penny lawful Money of Pennsylvania to our Use paid by the said Peter Huber The Receipt whereof We hereby Acknowledge and Thereof do acquit and forever discharge the said Peter Huber and his Heirs and Assigns by these presents And of the Yearly Quitrent therein aforementioned and reserved We have given granted released and confirmed And by these presents for Us Our Heirs and Successors do give grant release and confirm unto the said Peter Huber his Heirs and Assigns the said One hundred and twenty one acres of Land as the same are now set forth bounded and limited as aforesaid With all Mines Minerals Quarries Meadows Marshes Savannahs Swamps Cripples Woods Underwoods Timber and Trees Ways Waters Water Courses Liberties Profits Commodities Advantages Hereditaments and Appurtances whatsoever thereunto belonging or in any wise appertaining and lying within the Bounds and Limits aforesaid Threefull and clear Fifth parts of all Royal Mines free from all Deductions and Reprisals for digging and refining the same And also one Fifth Part of the Ore of all other Mines delivered at the Pitsmouth only excepted and hereby reserved And also free Leave Right and Liberly to and for the said Peter Huber his Heirs and Assigns to hawk hunt fish and fowl in and upon the hereby granted Land and Premises or upon any part thereof To have and to hold the said One hundred and seventy one acres of Land and Premises hereby granted except as before excepted with their appurtenances the said Peter Huber his Heirs and Assigns To the only Use and Behoof of the said Peter Huber his Heirs and Assigns forever To be holden of Us our Heirs Successors Proprietaries of Pennsylvania as of our Manor of Conestoga in the County of Lancaster aforesaid in free and common Soccageby Fealty (?) only in lieu of all other Services Yielding and having therefore Yearly unto Us our Heirs and Succesors at the Town of Lancaster in the said County at or upon the first day of March in every Year from the first day of March last past One half penny Sterling for every Acre of the same of Value thereby in Coin Current according as the Exchange shall then be between our said Province and the City of London to such person or persons as shall from time to time be appointed to receive the same And in Case of Nonpayment thereof within Ninety days next after the same shall become due that then it shall and may be lawful for Us our Heirs and Successors our and their Receiver or Receivers into and upon the hereby granted Land and Premises to ReEnter and the same to hold and profits until the said Quitrent and all Arrears Thereof together with the Charges accruing by Means of such Non-payment and ReEntry be fully paid and discharged Witness James Hamilton Esquire Lieutenant Governor of the said Province who by Virtue of certain powers and Authorities to him for this Purpose int at granted by the said Proprietaries hath hereunto set his Hand and caused the Great Seal of the said Province to be hereunto affixed at Philadelphia this Tenth day of October in the Year of our Lord one thousand seven hundred and sixty one The First Year of the Reign of King George the Third over Great Britain ? And the Forty fourth year of the said Proprietaries Government.
Recorded in the Office for Recording of deeds and the City & County of Philad. In Pat. Book AA Vol. 2 Page 412 The 2, 2, Day of October 1761 Witness my Hand & Seal of my Office C Boockers (?) Rec.
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