Dr. John Stites - property dealings

Deed - Franklin County Courthouse, Columbus, Ohio, (Delaware County)

Deed Book A, pg 88

John Stites
trust deed to
William Hubble 

This Indenture made the 8^th day of July in the year of our Lord one thousand eight hundred and three between Doctor John Stites of the County of Franklin in the State of Kentucky of the one part and William Hubble of the County and State aforesaid of the other part 

Witnesseth that the said John Stites for and in consideration of the sum of one dollar in hand paid by the said William Hubble the receipt whereof is hereby acknowledged he the said John Stites hath granted bargained sold aliened released and confirmed and by these presents doth grant bargain sell alien release and confirm unto the said William Hubble (few words missing – book damaged) trust and for the purposes herein after mentioned the following two tracts of land situate lying and being in the State of Ohio in the military range between the Sciote and Muskingum rivers called the donation lands each tract containing four thousand acres and lying on Allum Creek a branch of the Scioto and designated in the map of the said lands as follows
Range seventeen township two and quarter township three containing four thousand acres also
Range eighteen township six quarter township two containing four thousand acres
and all houses buildings orchards ways waters water courses profits commodities hereditaments and appurtenances whatsoever to the same belonging or in any wise appertaining and the reversion or reversions remainder and remainders rents issues and profits thereof and also all the estate right title interest property claims and demand whatsoever of him the said John Stites of in and to the same belonging 

To have and to hold the said eight thousand acres of land before mentioned with their every of their appurtenances unto him the said William Hubble his heirs and assigns forever to perform and fulfill the trust hereinafter mentioned And that the said Doctor John Stites for himself his heirs executors and administrators doth covenant promise and grant to and with the said William Hubble his heirs and assigns by these presents that he the said Doctor John Stites now at the time of sealing and delivery of these presents hath good right and lawful and absolute authority to grant and convey the aforesaid two tracts of land to the said William Hubble his heirs and assigns in manner and form aforesaid and that he will warrant and defend the same unto him the said William Hubble his heirs and assigns free and clear of and from all manner of incumbrances whatsoever (except such taxes as may be legally laid and assessed on the said premise) 

provided always and it is hereby declared to be the true intent and meaning of these presents that in case Haden Edwards of Franklin County and State of Kentucky shall make and execute or cause to be made and executed unto the said Doctor John Stites a deed of bargain and sale containing a general warrantee for the Mill dwelling house and lands whereon the said Edwards now resides lying on South Elkhorn about one mile from the forks of Elkhorn the same described in a deed from the said Edwards to Payton Short and from Short to John Instone and from John Instone to said Edwards the said deed to be executed and delivered to the said Doctor John Stites as soon as the said Edwards can make an arrangement with Short and Instone to release the mortgages upon said property and at any rate to free it from all incumbrances by the time limited in the said mortgage to which end the said Edwards did agree (by an agreement executed with the said Doctor John Stites bearing date the 17^th day of May 1803) to secure the said Stites not only in property belonging to said Edwards I the hands of Payton Short but also in a part of the property said Edwards gets in exchange for said Mills &c. 

And in case the said Haden Edwards shall fully and in all respects comply with and perform the agreement aforesaid that then the said William Hubble shall sign seal and execute any deed of conveyance at the proper costs of him the said Haden Edwards which shall be deemed necessary for conveying and assuring the said eight thousand acres of land before mentioned to the said Haden Edwards together with the appurtenances thereto belonging free from all incumbrances before mentioned 

And the said William Hubble doth for himself his heirs executors and administrators covenant to and with the said Doctor John Stites that he will immediately after the performance of the agreement aforesaid by the said Haden Edwards make and execute unto the said Haden Edwards a conveyance for the said 8000 acres of land aforesaid in manner and form aforesaid 

In witness whereof the said John Stites hath hereunto set his hand and seal the day and year first above written
John Stites (seal)

Signed sealed and delivered in the presence of Geo Hoffman State of Ohio Ross County ss Before me Reuben Abrams one of the Judges in and for the County aforesaid personally appeared the within mentioned John Stites and acknowledged the within signing and sealing to be his act and deed for the uses and purposes therein specified Acknowledged the eighteenth day of August AD 1803
Reuben Abrams (seal) 

N.B. :- This deed is indexed under Stiles in the Fairfield County, Ohio deed indexes, and the deed book E-221 records his name as John Stiles in the deed. However the land in question is identical to the military grant to John Stites (GLO records OH2100_.233 – Range 18, Township 6, Quarter 2). As so often happens, his name was mis-transcribed as Stiles by the clerk. As such I have corrected the name in this transcription to prevent the error being perpetuated.

LDS film # 2026551

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