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Land Agreement Between Valentine Baist,Zacharias Albaugh & Others
Land Records, Frederick MD At the
request of Valentine Baist, Jacob Burgoon & others the following Agreement Articles of Agreement made and concluded this second day of September seventeen hundred ninety three by and between Valentine Baist of Frederick County in the State of Maryland, farmer of the one part, and Jacob Burgoon, Zachariah Albaugh, John Bishop, Henry Sell, Jacob Sherffig, Joseph Myers, Joshua Earp all and severally of the county and State aforesaid of the other part. Whereas on or about the eighteenth day of February seventeen hundred sixty seven the said Valentine Baist had resurveyed for him a tract or parcel of land called Elory containing one thousand and six acres as by the patent therefore appears and the last named persons being now in possession of a greater or less part or parcel of said Tract of land, either by immediate purchase and Deed from the said Valentine by purchase and deed from some other person or persons claiming under the conveyance by him originally made, but for as much as most or all the said former deeds do not describe the land in and by said deeds respectively mentioned to be conveyed as being part of the tract called Elory, but as being part of a tract called Friendship agreement, or by some other name by which said land is not known or distinguished, and also by means of incorrectness in running and inattention in laying off the several divisions of the aforesaid Tract called Elory in some places the different parcels run confusedly into each other, or leave narrow slips of land between, and are also deficient or contain a greater quantity than was intended, wherefore the aforesaid last named persons are advised that other deeds in which the several parts or parcels of land held by them of the tract called Elory may be described as being part of that tract are necessary to be given by the said Valentine Baist in order for the better conveying and securing the same, agreeable to the original intention do jointly and severally agree to pay the expense respectively of having the part of said land possessed by each individual laid out a new by following the former courses where they appear to answer, or stating other courses so as to include the quantity of land appertaining to each part as nearly within the same bounds or limits as were formerly run out or understood, as may be, and after the said persons shall have run out the several parcels and made the necessary alterations and amendments they shall reconvey by a Deed of Conveyance to the said Valentine Baist agreeable to their former deed or deeds, that they said Valentine Baist being thereby re-instated to every colour of the whole right to the land intended to be conveyed may give each individual a good sufficient Deed of Conveyance for his or her respective part or parcel of said land and if in any place it becomes necessary for any one to have other land included than was expected if any one taken an addition to his quantity or any other alteration takes place so that one or more of the persons aforesaid become gainers or losers or if there is an addition or deficiency of Land to be paid for and the said Valentine Baist and any of the said last named persons cannot settle between themselves what such gain or loss shall be valued at or the land or piece the said Valentine Baist shall allow and give in return for any deficiency in quantity, or receive for any land added or laying adjoining in a slipe to any of the parcels of said Tract called Elroy, the said Valentine Baist and the person last named as aforesaid do hereby jointly and severally agree that all such cases and other differences and disputes whatever relating to the settling the lines of their land shall be referred to the inspection and consideration of John Furguson, Cols. James Willis and William Kenworthy who are hereby appointed to arbitrate and finally do judge the same between any of the subscribing parties and their Judgment when given and made known, shall be conclusively binding on all disputing parties their heirs and assigns forever, and that to all intents and purposes under the final sum of five hundred pounds current money to be received by Law from the party or parties refusing to comply by the party or parties aggrieved and the business being so settles all lines and boundries limiting each part or parcel laid off shall be binding and conclusive on all the adjoining parties their heirs and assigns forever under the penalty aforesaid, and the Deeds which the said Valentine Baist shall give, upon a reconveyance and settlement of the lines as before mentioned under the penalty aforesaid being recorded shall be taken and deemed as full establishment of our lines by our mutual consent and agreement agreeable to an act of Assembly passed November session in the year seventeen hundred eighty six. In witness that we have agreed and consented to bind ourselves as aforesaid we have hereunto set our hands and affixed our seals the day and year first before written ~~ Valentine Bast (seal) Signed and sealed in presence of
} Jacob W Burgoon (seal) (His mark –
W)
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