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John Kesler to Zachariah Albaugh
Exam’d and Deliv’d Granted } At the request of
Zachariah Albaugh the following This Indenture made this seventh day of
April in the year of our Lord one thousand seven hundred and ninety one Between
John Kesler of Frederick County and Late of Maryland Farmer of the one part and
Zachariah Albaugh of the County and State aforesaid, Carpenter of the other part
Witnesseth that the said John Kesler for and in the consideration of the sum of
four hundred and forty pounds two shillings and six pence common currency to him
in hand paid at or before the sealing and delivery of these presents by the said
Zachariah Albaugh the receipt whereof its said John Kesler doth hereby
acknowledge and from the sums and every part and parcel thereof doth fully
acquit and discharge the said Zachariah Albaugh his Heirs Executors
Administrators and Assigns Hath given granted bargained sold aligned transferred
and made over and by these presents doth give grant bargain sell alien transfer
and make over unto him the said Zachariah Albaugh his Heirs Executors
Administrators and Assigns forever all the four following parts and
parcels of the respective Tracts of Land herein after mentioned lying being and situate in Frederick County
aforesaid and according to our original Patent granted to the said John Kesler
out of the Proprietor Office bearing date the twenty fifth day of February anno
Domini seventeen hundred and sixty four. Beginning for one of the said tracts
or parcels of land called Good Will at the end of sixty perches on the tenth
line of a tract of land called Red Land patented to Philip Banner and running
thence South thirty eight degrees West sixty three perches North eighty eight
degrees West forty seven perches South eighteen degrees West thirty perches
thirty perches South degrees East fifty five perches North thirty eight degrees
East one hundred perches then with a straight line to the Beginning containing
and then laid out for twenty five acres of Land and Beginning for a second part
or parcel of the said of the said four parts or parcels of Land according to a
deed there for made by Valentine Baist to the said John Kesler bearing date the
twenty seventh day of November one thousand seven hundred and sixty nine being
part of a Tract of Land called “Friendship Agreement” at the end of fifty eight
perches on the first line of Jasper Sherffy? part of said Friendship Agreement
and running thence North seventeen degrees East four perches South sixty degrees
East fifty six perches North thirty eight degrees East ninety nine perches South
thirty one degrees East sixteen perches South thirty eight degrees West one
hundred and nine perches then by a diced(?) Line to the Beginning containing and
in said deed conveyed by the said Valentine Baist for thirteen acres and three
quarters of an acre of Land and for a third part or parcel of the said four
parts or parcels of Land being part of a part of Land called “Redland” and
according to a deed therefore made by Philip Bainer to the aforesaid John Kesler
bearing date the fifteenth day of October in the year one thousand seven hundred
seventy Beginning at the end of fifty one perches on the tenth line of the said
Tract called Redland and running thence with the said land South thirty eight
degrees West seventy two perches North eighty eight degrees West forty seven perches then with the given line of said
Land South thirty three degrees West twenty perches then North thirty seven
degrees and one half degree West fifty eight perches North forty two degrees
East sixty six perches North fifty two degrees and one half degree East seventy
seven perches then by a straight line to the Beginning containing fifty nine
acres and one fourth part of an acre of Land more or less ~~~ And for the fourth
part and last part or parcel of the said four parts or parcel of Land being part
a tract of Land called “Runny mede?” and according to a deed therefore made by
Upton Scott of the City of Annapolis, Physician to the said John Kesler bearing
date the fourth day of June seventeen hundred and seventy six. Beginning at
the Gison line of Running mede and running thence South forty two degrees West
eighty three perches North thirty seven and a half degrees West sixty four
perches North forty two degrees East forty perches North sixty two degrees East
one hundred and eight perches South thirty one degrees East thirty seven perches
thence with a straight line to the Beginning containing and by the said Upton
Scott in the said deed annexed for forty eight acres of land. To have and to
hold all each and every of the respective parts and parcels of the Land above
bounded and described unto him the said Zachariah Albaugh his Heirs and Assigns
forever together with all Rights Profits Benefits and Privileges there unto
belonging or in any wise appertaining to the only proper use and Behoof of him
the said Zachariah Albaugh his Heirs and Assigns and to no other Interest or
purpose whatsoever. As also all the right Title use Benefit Claim and Demand of
him the said John Kesler his Heirs Executors and Administrators of in and to the
said four parts or parcels of Land and each of them respectively. And the said
John Kesler for himself his Heirs Executors and Administrators doth consonant
permit grant and agree to and with the said Zachariah Albaugh his Heirs
Executors Administrators and Assigns that all and every of the said Lands and
premises and all and every part and parcel of them are free and clear and freely
and dearly acquitted consonant and discharged of and from all former and other
gifts grants Bargains Sales or any other Suremaking whatsoever. And that he hath
full power in himself and lawful and absolute authority to sell the same unto
him the said Zachariah Albaugh his Heirs and Assigns forever in manner and form
aforesaid. And also that he the said John Kesler the said Lands and premises
and every part and parcel of them and each of these severally and respectively
with the Appurtenances unto the said Zachariah Albaugh his Heirs and Assigns
against him the said John Kesler his Heirs Executors and Administrators and all
persons whatsoever claiming from by or under him shall and will warrant and
forever and defend by these presents. And lastly that he the said John Kesler
his Heirs Executors and Administrators at any time hereafter at the request and
at the Cost & Charge in the Law of him the said Zachariah Albaugh his Heirs or
Assigns shall and will make and execute or cause and suffer to be made and
executed any other deed or deeds Conveyance or Conveyances or Assurances or
other Instrument or Instruments of Writing as the said Zachariah Albaugh his
Heirs or Assigns or his or their Council learned in the Law shall reasonably
advise devise or require for the further and better Assurances Surety and
Suremaking of all and singular the said four parts or parcels of Land and
premises with the Appurtenances unto him the said Zachariah Albaugh his Heirs
and Assigns provided that such deed or Instrument of Writing be no other than
what is intended by these presents. In witness whereof the said John Kesler
hath hereunto set his Hand and affixed his Seal the day and year first above
written. On the back whereof were the following endorsements to wit ~~~ Received of Zachariah Albaugh four hundred and forty seven
pounds two and six pence common current Money it being the consideration within
mentioned to be by him paid. As witness my Hand this seventh day of April 1791.
~~
his On the seventh day of April 1791 Came before us two Justice of the Peace for Frederick County the within named John Kesler and acknowledged the within Instrument of Writing to be his Act and deed and the Land and Premises therein mentioned to be the right and Estate of the within named Zachariah Albaugh his Heirs and Assigns forever according to the laws Intent and Meanings thereof. At the same time comes Dorothy the wife of the said John Kesler and being by us privately examined apart from and out of the hearing of her said husband she relinquished all her right and title of dower of in and to the within mentioned Land and premises and said she did it freely and voluntarily without being compelled thereto by fear threats of or ill usage from her said husband or for fear of incurring his displeasure. Acknowledged before M. Qwinn W.M. Beall |