Bragdons Dunning & Holt yr Agreemt Articles of Agreement and Partition Indented made and Concluded the Twenty ninth Day of April 1728, between Samuel Bragdon and Sam11 Bragdon Jun both of York in the County of York in New England Coasters of the one Part and Joseph Hoult of sd York Yeoman & William Duning of the same Place Cordwainer of the other Part Whereas ye said Sam" Bragdon & Sam" Bragdon Jun' as Heirs or Assigns of Arthur Bragdon formerly of sd York Deced and the said Joseph Hoult and William Duning as Heirs or Assigns of Thomas Donnell formerly of sa York Deced do stand seized of all that Tract of Land lying on the South West of York River weh was formerly granted and Laid out to the said Arthur Bragdon and Thomas Donnell between ye Land of Andrew Averett on the South East and a Lot of Land laid out to Job Alcock on the N.W. it being the same Tract of Land whereon the Parties to these Presents now dwell weh remains as yet undivided as to any legal Partition of the same & whereas the s Parties have now agreed upon a dividing Line between them as follows viz To begin at a small Beech Tree standing about half a Rod to the North Westward of the Old Fence and about Forty Rods more or less from the River and so to run from sd Beech Tree South West on a strait Course To Kittery Line and on a strait Course North East to the sa River Therefore it is mutually Covenanted granted and agreed by the s Parties [45] That the s Samuel Bragdon and Sam" Bragdon Jun' for their full Moiety or half Part (being their Share) of the sd Tract of Land shall have and enjoy all that Part thereof that lies on the North West Side of the above described Line To be holden of them the sd Sam1 Bragdon & Sam" Bragdon Jun' their Heirs and Assigns forever in Proportion to their respective Right To their only proper Use Benefit and Behoof forever with warranty against all Persons whatsoever Claiming by from or under the sd Thomas Donnell his Heirs or Assigns And its mutually covenanted granted & agreed by the sa Parties to these Presents that the s Joseph Hoult & William Duning shall have & enjoy all that Moiety or half Part of sa Tract of Land weh lieth on the South East Side of the s above described Line To be holden of them the sa Joseph Hoult and William Duning their Heirs & Assigns forever in Proportion to their respective Right to their only proper Use Benefit & Behoof forever with warranty for the same against all Persons Claiming by from or under the sd Arthur Bragdon his Heirs & Assigns And it is further mutually covenanted & agreed between the sd Parties to these Pres ents that the Deeds of Quit Claim wch the said Hoult & Duning have given Each to the other & the Deed of Gift wch s Sam" Bragdon hath given to sa Sam" Bragdon Jun1 relating to the Premisses shall be & remain in full Force and Vertue as if the same had been made after the Date of these Presents In Witness whereof the Parties to these present Indentures have hereunto interchangeably set their Hands and Seals the Day & Year first within written. Seal York sc/York April 25, 1729. Samuel Bragdon & Samuel Bragdon Jun' personally appearing acknowledged ye foregoing Instrument to be their free Act & Deed. Το Corm Sam" Came. Just: Pac A true Copy of ye Orig1 Reed May 15, 1729. Examd by Jos: Moody Regr To all People to whom these Presents shall Come Greeting &c. Know ye that I Thomas Phipps of PortsPhipps mouth in the Province of New Hampsh' in New England Esqr for & in Consideration of the Sum of Milberry One Hundred and ffifty Pounds Money to me in Hand before the Ensealing and Delivery of these Presents well and truly paid by Richard Milberry of York in the County of York in the Province of the Massachusetts Bay in New England afores Yeoman The Receipt whereof I Do hereby acknowledge and my self therewith fully satisfied and Contented and thereof and of every Part and Parcel thereof do exonerate acquit and discharge the s Richard Milberry his Heirs & Assigns forever by these Presents have given granted bargained sold aliened released enfeoffed conveyed and confirmed and by these Presents do freely fully and absolutely give grant bargain sell aliene release enfeoffe convey and confirm unto the sa Rich Milberry his Heirs and Assigns forever a certain Tract or Parcel of Land containing the full & just Quantity of one hundred and fifty Acres situate lying and being in the Township of York near a Place called the Short Sands butted and Bounded as followeth viz Beginning at a white Oak Tree marked on four Sides standing at the Head of Abraham Bowdens House Lot at the Head of the Cape Neck and about one Pole on the South West Side of the Fresh Marsh there comonly called Stovers Marsh wch is an old marked Tree and runs from thence West South West One hundred and Fifty seven Poles to an Old Stump marked on four sides and from thence North West half a Point North One hundred & sixty Poles to a Beech Tree marked on four Sides at Mr Samuel Sewalls Bounds and from thence North East bounding by said Sewalls & the Comon Land to a Brook called Stovers Brook at a Black Ash Tree marked on four Sides & from thence is bounded by sd Brook to the Head of s Marsh called Stovers Marsh and by sa Marsh leaving one Pole wide for Conveniency of Fencing sa Marsh to the white Oak Tree first mentioned or however otherwise Bounded or reputed to be Bounded. It being the same Tract of Land that was laid out and Bounded the 24th of Jan'y last past by one of the Surveyers and two of the Select Men of the Town of York pursuaht to a grant made to Capt John Davis by the Select Men of sd Town then being Nov 27th 1667 & pursuant to a Vote made and passed at a legal Town Meeting holden in York afores the 14th of June 1720, as by York Town Records may at large appear reference being more especially had to the sd Vote last mentioned Together with all & singular Fences Ways Easements Waters Water Courses Stones Quarries Mines Minerals Woods Timber Timber Trees Underwood Commons Common Rights Comonages Comon of Pasture Priviledges & Appurces whatsoever to the sd Tract of Land belonging or in any wise appertaining or reputed taken or known as Part Parcel or Member thereof or of any Part thereof: And all the Estate Right Title Interest Use Possession Trust Property Claim & Demand whatsoever of me the sa Thomas Phipps of in or to the afores Premisses or any Part thereof And all Deeds Writings & Evidences concerning the afores Premisses or any Part thereof To have and To hold the s granted & bargained Premisses with the Appurces To him the sa Richard Milberry his Heirs & Assigns forever To his & their only proper Use Benefit and Behoof forever And I the sd Thomas Phipps for my self my Heirs Exec and Adminis" do by these Presents covenant promise & grant to and with the sa Richard Milberry his Heirs and Assigns That before the Ensealing and until the Delivery hereof I am the true sole and lawful Owner of the before bargained Premisses and every Part and Parcel thereof and am lawfully seized of the same as a good perfect & absolute & indefeasible Estate of Inheritance in Fee simple And have in my self good Right full Power & lawful Authority to grant bargain aliene Convey and Confirm the sd Granted and bargained Premisses in Manner as aforest And that he the sa Rich Milberry his Heirs and Assigns shall and may forever hereafter by Force and Vertue of these Presents lawfully and peaceably have hold use occupy possess and enjoy the sd bargained and demised Premisses wth the Appurces and that the same [46] Are free and clear & freely and clearly exonerated acquitted and discharged of from all & all Manner of former & other Gifts Grants Bargains Sales Leases Mortgages Wills Entails Joyntures Dowries Judgments Executions Incumbrances and Extents of what Name or Nature soever that might in any Measure or Degree obstruct or make Void this present Deed Furthermore I the sd Thomas Phipps for me my Heirs Excers & Administs Do Covenant and engage the before demised Premises with their Appurtenances To him the s Richard Milberry his Heirs and Assigns against the lawful Claims and Demands of any Person or Persons whatsoever forever hereafter to warrant secure & Defend by these Presents In Witness whereof I the s Thomas Phipps and Mary his Wife (in Testimony of her free Consent to this Bargain and Sale & total Relinquishment of all her Right of Dowry and Thirds in the Premisses) have hereunto set our Hands & Seals the eleventh Day of Febry in the Year of our Lord One thousand seven hundred and Twenty Eight Annoq R Ris Georgii Secundi Magna Brittannia &c Secundo Signed Sealed & Delivered In Presence of us Charles Traduell Joshua Cates Thom Phipps (and a) Seal Received on the Day of the Date of the foregoing Deed of the within named Rich Milberry the full sum of one hundred and Fifty Pounds being ye Consideration wthin expressed p Thomas Phipps Province of New Hampsh' April 24 The above named Thomas Phips & Mary Phips both personally appeared & owned their Hands & Seals and acknowledged the foregoing Deed or Instrument to be their voluntary Act and Deed Before me Nath" Weare Justice of Peace A true Copy of ye Original Reed May 15, 1729 Examd by Jos: Moody Regr Book XIII. 10 Articles of Agreement made & Concluded & fully agreed upon by & between Job Emery of Berwick in the Emery's County of York within his Majesties Province of Agreement the Massachusetts Bay in New England Yeoman of the one Party & Thomas Emery now resident in Biddiford in said County Husbandman Son of James Emery late of sd Berwick Yeoman Deced of the other Party Witnesseth that whereas the s Job Emery Together with his Brother Daniel Emery Deceased did formerly purchase of their Father James Emery Deceased a certain Tract or Parcel of Land situate lying and being in Berwick aforesd being about Forty or Fifty Acres more or less Bounded Southwardly by lands now belonging to Nathan Lord Easterly by y Rocky Hill Comon Northwardly by Lands of Moses Gooding now decd & Westwardly by Lands of James Emery and the said Daniel Emery and Job Emery in and by ye Deed weh their Father gave them for the Lands afores did allow that their Brother James Emery should have an equal Share with them in the sd Lands provided he paid his Part or Proportion of the Price for the same wch the sd James Emery did pay but nothing appearing to prove the same nor any Writing under the Hands of the Parties concerned relating to any dividing Line Between their Interests in ye same And to the Intent that there may be no Difference hereafter Concerning it The s Job Emery who has purchased the said Daniel Emery's Right & the sa Thomas Emery to whom the sd James Emery in his last Will & Testament did give the Lands which he possessed as his Part thereof Do agree that the Fence now between ye Lands now in the Possession of the sd Job Emery and the Lands weh was possessed by the s James Emery running from the Land of Nathan Lord Northwardly [to a Rock Near] to the s Job Emery's Orchard that stands near the Stony Brook and ye Fence round the sa Orchard as it now is shall be & remain the True and lawful Bounds between the Interests of ye Parties afores & the sd Job Emery's & Daniel Emerys Rights to be on the Easterly side of said Fence Including the sd Orchard as has been Used & the sa Jamess Right now the said Thomas Emery's to be the Westterly Part from s Fence & the sd Job Emery & Thomas Emery Do for themselves their Heirs Execrs & Admin's Covenant & Engage Each to the other his Heirs Exeers Admins & Assigns that the abovesd Bounds is & shall be the True and Lawful Bounds as afores In Witness whereof the sd Parties to these Presents have set their Hands & Seals the Third Day of May Anno Domini One |