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John Albaugh to James Rice
Land Records, Fredrick MD
This Indenture made this fifth day of April in the year of our Lord one thousand eight hundred and thirteen, between John Albaugh executor of the last Will and Testament of John Albaugh senior, late of Frederick County and State of Maryland, deceased, of the one part and James Rice of the same county and state aforesaid, of the other part. Whereas the said John Albaugh sen. deceased, by his last will and testament, bearing date the twenty fourth day of April eighteen hundred and ten, and recorded in the office of the Register of Will in Frederick County as will appear by reference thereto being had, did authorize and empower his son, the above named John Albaugh, his executor to dispose of and convey his estate for the purposes expressed in his will. Now this Indenture witnesseth that the said John Albaugh, executor as aforesaid, as well by virtue of the power and authority to him given as aforesaid, as in consideration of the sum of eleven hundred and fifty five pounds three shillings and nine pence, current money, to him in hand paid by the said James Rice, the receipt whereof he doth hereby acknowledge, hath granted, bargained and sold, and doth hereby, in said capacity grant, bargain and sell, convey and confirm unto him the said James Rice, his heirs and assigns forever all that parcel of land situate in Frederick County aforesaid being part of a tract of land called “Chestnut Levell”. Beginning for said parcel of land at a stone planted for the end of seventy perches on the sixth line of a tract of land called “Albaughs Choice” granted Zachariah Albaugh for one hundred and twenty five acres, it being the beginning of the whole tract aforesaid called “Chestnut Levell” and running thence with the out lines of “Chestnut Levell” South seventy degrees West thirty four and a half perches to a stone planted, North seventy seven degrees West forty perches to a stone, planted North twenty degrees West thirty one and a half perches to the eighth line of a tract of land called “Albaughs Choice” granted William Albaugh for 50 acres, then with it reversed as surveyed to correspond with its former location North one half degree West one hundred and ten and a half perches to the beginning of said eighth line, then with the out lines, reversed, of a tract of Land called “The Resurvey on Albaughs Choice” three courses viz. North seventeen and a half degrees East twenty six perches, North seventy two degrees West twenty six perches, South fifty four degrees, West eight and a half perches to the fifth line of the whole tract aforesaid called “Chestnut Levell” there with it North eighteen degrees West nine and a half perches to a stone planted for the end of said fifth line then still with the out lines of said land called “Chestnut Levell” the four following courses and distances, viz. North thirty two degrees West thirty four and a half perches to a stone planted, North seventy six degrees, East twenty eight perches to a stone planted South seventy degrees East seventy four and a half perches to a stone planted, North thirty degrees East forty six perches to a stone planted, then with the out lines of a tract of Land called “The Standing Stone” (granted Anthony Bostion the twenty first day of October seventeen hundred and sixty nine) South fifty nine degrees East twenty five and a quarter perches to a stone planted, North fifteen degrees East fourteen and a half perches to a stone planted, North eighty nine degrees East fourteen and three quarters perches to a marked white oak tree, then south sixty five and a half degrees East twenty seven perches to a stone planted at the end of thirty nine perches on the seventh line of a tract of Land called “The Married Mans Delight” it being also at the end of one perch on the twelfth line of the whole tract aforesaid called “Chestnut Levell” then with the out lines there of five courses and distances, viz South twenty three degrees East thirty nine perches to a stone planted, South twenty four and a half degrees East forty perches to a stone planted, South twenty six degrees East forty four perches to a stone planted, South forty five degrees East forty perches to a stone planted, South eight and three quarters perches to the fourth line of part of said land called “Chestnut Levell” conveyed by John Albaugh, senior, to Daniel Albaugh for seventy five acres, by deed bearing date the thirtieth day of January eighteen hundred and four, then with the out lines thereof reversed, North eighty eight and a quarter degrees West one hundred and twenty one and three quarters perches to a stone planted, South thirteen degrees West sixty eight perches to the first beginning; containing two hundred and two acres of Land more or less. Together with all and singular the improvements , and advantages with the appurtenances thereunto belonging or in anywise appertaining and all the estate, right, title, interest, claim and demand whatsoever of him the said John Albaugh of in and to the above described parcel of land and premises hereby bargained and sold or meant, mentioned or intended hereby so to be and every part and parcel thereof. To have and to hold the said parcel of land and premises above described and hereby bargained and sold, or meant, mentioned or intended hereby so to be and every part thereof with the appurtenances thereunto belonging, unto the said James Rice, his heirs and assigns to the only proper use and behoof of the said James Rice, his heirs and assigns forever. And the said John Albaugh doth hereby, in capacity aforesaid, for himself and his heirs, covenant with the said James Rice, his heirs and assigns that he the said John Albaugh and his heirs the said parcel of land and premises hereby granted, bargained and sold and every part and parcel thereof with appurtenances thereunto belonging to him the said James Rice, his heirs and assigns, against him the said John Albaugh and his heirs and against all and every other person and persons whatsoever, claiming, or to claim any right, title or intent in and to the same, or any part thereof, by, from, or under him, them, or any of them, or by from or under the aforesaid John Albaugh senr deceased, shall and will warrant and forever defend by these presents ~ In witness whereof the said John Albaugh hath hereunto set his hand and affixed his seal, the day and year first above written ~~ Signed, sealed and delivered
} Johannah Albaugh (seal) Which is thus endorsed, to wit ~ On the fifth day of April 1813, came the within named John Albaugh (Executor of the last Will and Testament of John Albaugh senr deceased) before us the subscribers two Justices of the Peace of the county aforesaid, and acknowledged the within deed or instrument of writing to be his act and deed, and the parcel of land and premises, therein mentioned, and thereby granted, bargained and sold, to be the right and estate of the within named James Rice, his heirs and assigns forever, according to the true intent and meaning of the said deed or instrument of writing, and the acts of Assembly in such case made and provided ~~ Acknowledged before }
Thomas B. Jones
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