Submitted by Alex Ross, June 17, 2004
BUTTS - MCAULEY INDENTURE - 1902
This Indenture, Made the twenty-fourth day of March in the year ninteen hundred and two Between Perry Butts, William D. Butts and Dora Butts, his wife, all of the town of Davenport, Delaware County, New York. of the first part, and
James McAuley of the same place of the second part.
Witnesseth, That the said parties of the first part, in consideration of Six hundred Dollars ($600) Dollars lawful money of the United States, paid by the party of the second part, do hereby grant and release unto the said party of the scond part, his heirs and assigns, forever, All that Tract or Parcel of land situate in the town of Davenport County of Delaware and State of New York, bounded on the south by the center of the old Charlotte turnpike road, and lands of Clinton McIlwain, Mrs. E. Adams, Mrs. Mary Hess and Chester Davis : easterly by of Mrs. Harriet McAuley, land of the burying ground and lands of David Van Dusen, northerly and westerly by by lands of William C. Porter, containing twenty-two acres of land, more or less, excepting and reserving from the above the right of way to and from the burying ground for burial purposes in the road thereto as the same is now used, Also granting and conveying the right to dig for water twenty feet or more on the west side of a certain spring on lands of the parties of the first part, and the right to dig a ditch, and convey the water to the lands of the party of the second part, and to dig and repair and relay such spring, ditch and pipes: but all such work shall be completed within a reasonable time, after the same is commenced, and the ground is to be left after work is done as smooth and in as good condition as is reasonably practicable.
Together with the appurtenances and all the estate and rights of the said parties of the first part in and to said premises. To have and to hold, the above granted premises unto the said party, his heirs and assigns forever.
And the said Perry Butts and William D. Butts do covenant with the party of the second part as follows:
That the party of the second part shall quietly enjoy the said premises
That the said Perry Butts and William D. Butts will forever warrant the title to the said premises,
In Witness Whereof, the said parties of the first part have hereunto set their hands and seals the day and year first above written.
In the presence of
Perry Butts (L. S.)
William D. Butts (L. S.)
Dora M. Butts (L. S.)
State of New York
County of Delaware ss. On this 24th day of March in the year one thousand and nine hundred and two before me, the subscriber personally appeared Perry Butts, William D. Butts and Dora Butts his wife to me personally known to be the same persons described in, and who executed the foregoing instrument and severally acknowledged to me that they executed the same.
A true copy of the original. Recorded Apr 4 1902, at 10:30 o'clock A.M