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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
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 |