Submitted by Cindy Simmons, May 18, 2001
1858 Deed of: William & Rachel France to Henry & Charles Simmons
THIS INDENTURE made this first day of March One Thousand eighteen and fifty eight, between WILLIAM FRANCE and RACHEL FRANCE his wife of the Town of Walton, County of Delaware and State of New York of the first part and HENRY SIMMONS & CHARLES SIMMONS of the same place of the second part. Witnesseth that the said party of the first part and in consideration of One hundred dollars to them in hand paid by the said party of the second part do grant bargain sell and confirm unto the said party of the second part that their heirs and assigns forever. All that price or parcel of land situate in the Town of Walton aforesaid being the price or parcel of land on which ANDREW SIMMONS now is and bounded as follows.
Beginning at a stake and stones on the Westerly side of the way about eight rods from the house now occupied by JAMES. A. MC CALL running across the highway and up the hill in an Easterly direction to a stake & stones in to H. M. BENEDICT'S land thence N Easterly along the line of said BENEDICT'S land and MC CALL line. thence along the line of said MC CALL in a Westerly direction to the corner between said MC CALL and said FRANCE. thence along the line of JOHN MC CALL & JAMES. A. MC CALL and ISAAC ROGERS to the place of beginning containing four acres of land the same more or less. Together with all and singular the hereditaments and appurtenance thereunto belonging or in any nice appertaining To have and To hold the said p_____ of described to the said party of the second part their heirs and assigned forever. and the parties of the first part for themselves and their heirs do covenant grant promise & agree to and with the said party of the second part their heirs and assigned the above gained promise gainst all and every person or persons whatsoever lawfully & equally claiming or to claim the whole or any part thereof forever to Warrant and Defend in___ Whereof The said party of the first part have hereunto at their hands & seals the day year first above written
(signed with an "x") WILLIAM FRANCE
Sealed & Delivered in presence of JULIA A MARVIN. THOS MARVIN
State of New York On this 1st day of March 1858 before me the subscriber personally appears in Delaware County.
WILLIAM FRANCE and RACHEL FRANCE his wife and acknowledged that they severally executed the within instrument: and the said RACHEL FRANCE on a private examination apart from her husband acknowledged that she executed the within instrument freely & without any fear or compulsion of her husband and to farther certify that I know the persons who made the said acknowledgement to be the individuals described in and who executed the within
(signed) THO. MARVIN, Justice Peace
Recorded: March 2, 1858 2 MR. BENJ. CANNON, Clerk
1874 Property Mortgage of Andrew Simmons
THIS INDENTURE made this 30th day of April in the year of our Lord One Thousand eight hundred and seventy-four Between ANDREW SIMMONS & CHARLES SIMMONS of the town of Walton in the county of Delaware and State of New York of the first part and THADDEUS S. St.JOHN of the same place of the second part Witnesseth that the said parties of the first part in consideration of the sum of One hundred dollars to them ____ ____ the receipt whereof is
hereby acknowledged have sold & by their presents(?) do grant and convey to the said party of the second part and his heirs and conveys all that certain piece of parcel of land situate in the town of Walton of in said being the piece or parcel of land which the said ANDREW SIMMONS now resides and bounded as follows.
Beginning at the stake & stones on the Westerly side of the highway about eight rods from the house formerly occupied by JAMES A. MC CALL & running there across the highway and up the hill in an Easterly direction to a stake and stones in the line of lands formerly owned by H. M. BENEDICT & now owned by WILLIAM NEALE thence N Easterly along said line to the line of lands known as the M. NEALE farm thence along said line in a Westerly direction to the corner between said MC CALL lands & lands formerly owned by WILLIAM FRANCE thence along the line of lands formerly owned by JOHN MC CALL of lands owned by said JAMES A. MC CALL & lands now owned by ISAAC ROGERS to the place of beginning containing four acres of land. be the same more or less & being the same premises conveyed by WILLIAM FRANCE and RACHEL his wife to HENRY SIMMONS & said CHARLES SIMMONS by deed bearing date March first 1858 & recorded in Delaware County Clerks office on the 2nd day of March 1858 in Book No. 50 of Deeds page 162.
This grants is intended as a security for the payment of the sum of One hundred dollars and interest thereon from the date hereof as follows. by interest continually from the date hereof and the principal sum in or before the 30th day of April 1876 according to the conditions by the said ANDREW SIMMONS and CHARLES SIMMONS to the said party of the second part and this conveyance shall be void if such payment be made as herein specified. and in case default
shall be made in the payment of the principal sum hereby intended to be _____ or in the payment of the interest thereof in any part of such principal interest as above ______ it ____ be lawful for the party of the second part his executors administrators as assignors at any time thereof to sell the premises hereby granted or any part thereof in the manner perscribed by law and out of all the moneys arising from such sale to retain the account when due for principal & interest together with the costs & charges of making such sale of the surplus of any there shall be paid by the party and making such sale in demand to the said ANDREW SIMMONS & CHARLES SIMMONS on to their heirs or assigns. In witness whereof the parties of the first part have hereunto set their hands & seals the day year first above written
(signed with "x") ANDREW SIMMONS
Sealed and delivered in the presence of M. W. Marvin