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Dr. John Stites - property dealings


Deed - Essex County, New Jersey.

 Book D, pgs 409 - 414


John Stites, Jonathan Dayton and Aaron Ogden Esq – Counsellor at Law

This Indenture tripartite made on this thirtieth day of January in the year of our Lord one thousand seven hundred and ninety seven between John Stites of the Borough of Elizabeth in the County of Essex and State of New Jersey of the first part and the Honourable Jonathan Dayton of the same place Esqr. of the second part and Aaron Ogden of the same place Counsellor at Law of the third part

Whereas John Stites party to the first part of the Indenture by divers mesne (law - intermediate) conveyances is and stands seized in his demesne as of fee of in and to the several trusts and parcels of land hereinafter described and is the true and lawful owner of the ferry boats and tackle as is hereinafter mentioned namely that is to say

(first) all that that farm and ferry commonly called and known by the name of Cranes ferry or New Ferry lying being and situate in the Borough aforesaid and in three pieces and containing about ninety acres be the same more or less as in the Deed given by Matthias Williamson Esq. former Sheriff of the County of Essex to Samuel Harriman Thomas Quigley and William Crane bearing date the twentieth day of May in the year of our Lord one thousand seven hundred and eighty seven is more particularly defined and described and will more fully and at large appear

(second) all those three other pieces of up land and salt meadow which was purchased of Gozin Ryerss from John and Lydia D’Hart and joining in part the aforesaid Cranes Ferry or New Ferry tract and road leading thereto from Elizabeth Town and in part and adjoining the Old Point farm and Sound including the point ferry commonly called and known by the name of D’Harts Point or Ferry containing about thirty acres as in the Deed from the said John and Lydia D’hart to the said Gozin Ryerss bearing date the first day of May in the year of our Lord one thousand seven hundred and eighty seven and more particularly defined and will more large appear

(third) all that share or part of a tract of land formerly called Old Point which on the partition thereof was divided to Arent Schuyler  and by a reference to the to the map and partition thereof duly filed in the Clerk’s Office of the County of Essex will more fully and at large appear which said tract was purchased by the said Gozin Ryerss and the said Jonathan Dayton from Arent Schuyler excepting thereout all that part and proper proportion thereof which has been sold to Jonathan Lawrence and the said Jonathan Dayton and William Dayton which said land so excepted is on the west side of the Main Road from Elizabeth Town to the Old Point

(fourthly) all that right title and interest of in and to the Cause Way and Draw Bridge leading from the main land on Statten island to the ferry over to Elizabeth Town Point together with all and singular the edifices causeways walls docks bridges ferries ferry stairs fisheries easement commodities and appurtenances thereunto belonging or in any ways appertaining which the said John Stites now has or ought to have in virtue of a purchase from Gozin Ryerss otherwise

(fifth) six ferry boats with all their sails furniture and tackle of every kind whatever now in use or intended to be in use at the said ferry called Cranes Ferry or New Ferry

(sixth) all that piece or parcel of land lying in Elizabeth Town aforesaid near the Old Point which the said Jonathan Dayton purchased from Joshua Mersereau and which the said John Stites purchased of

the said Jonathan Dayton by Deed bearing date on the fourteenth day of March in the year of our Lord 1796 and is called and bounded as follows viz. And on the fourth by the River called the Sound which divides the same from Statten Island on the west by lands late the property of Edward Thomas decd. on the north by a lot of land now or late the property of said Jonathan Dayton and on the east by part of the Old Point Farm containing six acres

(seventh) all that messuage and tenement and lot of land commonly called and known by the name of Thomas’ Point bounded on the north west by the lands now or late of the said Jonathan Dayton on the north east by lands of the said John Stites on the south east by the Sound which divides the State of New Jersey from the State of New York and south west by lands now or late belonging to the said Stites and by est. containing about six acres

(eighth) all the share right and little part and proportion of the said Old Point Farm and ferry and the appurtenances which (in the partition thereof made as aforesaid by Cyrus Conder Samuel Hays and Joseph Camp Commissioners appointed to divide the same agreeably to the act of the Legislature of New Jersey in such case made and provided) was divided unto Walter Rutherford the map and field book of which allotment and division is duly filed and recorded in the Clerk’s Office of the County of Essex as aforesaid and it is therein fully and at large set forth which said part or proportion the said Walter Rutherford sold and conveyed unto the said John Stites by a certain Deed of Indenture bearing date on the first day of June in the year of our Lord one thousand seven hundred and ninety six and which by reference thereunto will more fully and at large appear

(ninth) all the share right and title of John Stevens son and devisee of John Stevens decd. of in and to the said Old Point Farm and ferry and the appurtenances which by the partition thereof made by the Commissioners aforesaid in manner aforesaid was divided and allotted aforesaid to the said John  Stevens now deceased which division and allotment will fully and at large appear in the said map and field book in the Clerk’s Office aforesaid which said land so allotted as aforesaid was conveyed by the said John Stevens son and devisee of the said John Stevens decd. unto the said John Stites by a certain Deed bearing date on the fifth day of November in the year of our Lord one thousand seven hundred and ninety six and is therein particularly described as by reference thereunto will fully and at large appear and contains three certain lots the one containing sixty four acres and thirty two hundredths of an acre one other lot containing twelve acres and the remaining lot containing three acres and thirty hundredths of an acre –

And whereas also the said Aaron Ogden is and now stands seized in his demesne as of fee of in and to all that share and proportion of the said Old Point Farm and ferry and the appurtenances which by the partition thereof made by the Commissioners aforesaid was divided and allotted off to Henry Culyer which said division and allotment was fully and at large appear in the said map and field book filed in the Clerk’s Office of the said County of Essex which the said land so allotted as aforesaid was conveyed by James Parker and Abraham Ogden two of the trustees appointed to execute and fulfill the purposes of the last Will and Testament of Henry Culyer the Elder and Henry Culyer the younger deceased to the said Aaron Ogden by a certain Deed of Indenture bearing date on the twenty seventh day of August in the year of our Lord one thousand seven hundred and ninety three and is therein particularly described as by reference thereunto will more fully and at large appear and which contains two certain lots the one of which contains eighty five acres and the other three acres and thirty hundredths of an acre –

And whereas also the said Jonathan Dayton as and stands seized in his demesne as of fee of in and to all that certain lot and tract of land situate lying and being in the Borough aforesaid near the Old Point

and upon the main road leading thereto containing by estimation twelve acres and bounded on the north west by land in the possession of Mrs Connell / the widow / on the north east by the tract of  land numbered three and allotted to John Stevens in the partition above mentioned on the south east by the two six acre water lots formerly John Mercereau’s and Edward Thomas’s and a part of tract no. one allotted to Arnt Schuyler in the aforesaid partition and in the south west by the main road leading from Elizabeth Town to the Old Point near the mouth of Elizabeth Town Creek

and whereas also in consideration of the premises and divers other good causes and considerations then? thereto moving the parties to those presents have mutually agreed and each party for himself has agreed to and with the other two parties respectively that each party for himself shall respectively grant bargain file convey assure and confirm to the other two parties respectively two undivided third parts of all those premises of which each party is respectively and severally seized and possessed so that each of the said parties these presents may be seized as tenants in common and not as tenants of one equal third undivided part of all the said several tracts of land ferries boats sails furniture tackle appurtenances commodities easement and premises herein before set forth and defined in as full and ample a manner as the parties to this Indenture respectively can or may lawfully do subject nevertheless to such clauses restrictions limitations trusts and conditions as the parties to these may by writing under their hands and seals duly executed limit order direct and appoint

Now therefore this Indenture witnesseth that the said John Stites for and in consideration of the sum of nine thousand four hundred and fifty three pounds six shillings and eight pence to him in hand well and truly paid by the said Jonathan Dayton and Aaron Ogden at and before the ensealing and delivery of these presents the receipt whereof the said John Stites doth hereby acknowledge hath given granted bargained sold aliened released enfeoffed conveyed and confirmed and by these presents doth give grant bargain file alien release enfeoff convey and confirm unto the said Jonathan Dayton and Aaron Ogden the two equal undivided third part of all these several tracts and parcels of land and premises above described as being in the seizen of the said John Stites together with all and singular the way ferries fisheries easements commodities profits and appurtenances to the same two equal third parts belonging or in any wise appertaining – To have and to hold the same two equal undivided third parts with the appurtenances aforesaid unto the said Jonathan Dayton and Aaron Ogden their heirs and assigns forever

And this Indenture also witnesseth that the said Aaron Ogden for and in consideration of the sum of twelve hundred pounds to him in hand will and truly paid by the said John Stites and Jonathan Dayton at and before the ensealing and delivery of these presents the receipts whereof the said Aaron Ogden doth hereby acknowledge hath given granted bargained sold aliened released enfeoffed conveyed and confirmed and by these presents doth give grant bargain sell alien release enfeoff convey and confirm unto the said John Stites and Jonathan Dayton the two equal undivided third parts of all these several tracts or parcels of land and premises above described as being in the seizen of the said Aaron Ogden together with all and singular the ways ferries fisheries easements commodities profits and appurtenances to the same two equal third parts belonging or in any wise appertaining – To have and to hold the same two equal parts undivided third parts with the appurtenances aforesaid unto the said John Stites and Jonathan Dayton their heirs and assigns as tenants in common and not as joint tenants to the only proper use benefit and behoof of the said John Stites and Jonathan Dayton their heirs and assigns forever

And this Indenture further witnesseth that the said Jonathan Dayton for and in consideration of the sum of one hundred and sixty six pounds thirteen shillings and four pence to him in hand well and truly paid by the said John Stites and Aaron Ogden at or before the ensealing or delivery of these

presents the receipt whereof the said Jonathan Dayton doth hereby acknowledge hath given granted bargained sold aliened released conveyed and confirmed and by these presents doth give grant bargain sell release enfeoff convey and confirm unto the said John Stites and Aaron Ogden the two equal undivided third parts of all and several tracts and parcels of land and premises above described being in the siezen of the said Jonathan Dayton together with all and singular the ways ferries fisheries easements commodities profits and appurtenances to the same two equal third parts belonging or in any wise appertaining – To have and to hold the same two equal third parts with the appurtenances aforesaid unto the said John Stites and Aaron Ogden their heirs and assigns forever

And the parties to these presents do respectively that is to say each party severally for himself his heirs executors administrators and assigns covenant and agree to and with the other parties to these presents jointly and to and with them severally and to and with their respective heirs executors administrators and assigns that he will hold and stand seized of his respective third part of all the above premises as a tenant in common with the other two parties subject to such clauses restrictions limitations trusts and conditions as the parties to these presents shall by writing under their hands and seals duly executed limit order direct and appoint according to the true intent and meaning of these presents and that he his heirs executors administrators or assigns will not nor will any of them do commit or execute any matter thing or Deed which may in any wise invalidate defeat or alter the same restrictions limitations trusts and conditions when duly made and entered into as aforesaid

And the parties to these presents do severally covenant as aforesaid for himself his heirs executors administrators and assigns to and with the other parties and each of them and each of their heirs executors administrators and assigns that he will from time to time and at all times hereafter without any let molestation hindrance or interception from him his heirs executors administrators and assigns permit the same premises to be fully and freely used occupied possessed and enjoyed to such Deed and instruments in writing under their hands and seals which may be hereafter agreed to and duly executed by the said parties

And that his heirs executors administrators and assigns will at all times hereafter duly execute any matter deed or thing which maybe by counsel learned in the Law advised or devised to be necessary to carry the provisions in the said Deed to be executed full force and operation according to the true intent and meaning of these parties wherein thereto reasonably required

In witness whereof the parties to these presents have hereunto set their hands and seals
John Stites, Jona: Dayton, Aaron Ogden


New Jersey
Essex County

Be it known that on the sixteenth day of July one thousand eight hundred before me Jeremiah Ballard one of the Judges of the Court of Common Pleas in and for the said County of Essex came John Stites Jonathan Dayton and Aaron Ogden the within named grantors and did fully acknowledge that they signed sealed and delivered the written conveyance as their own free act and deed for the uses and purposes therein contained

In testimony whereof I have hereto set my hand the day and year above written     signed Jerh. Ballard

Recorded July 21st 1800,  Aa Ogden Clerk


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