1856 Deed from Joseph & Elizabeth Flohr to the Trustees of a Burying Ground or Cemetery
This Indenture made this seventh day of June in the year of our Lord one Thousand eight hundred and fifty-six Between Joseph Flohr and Elizabeth his wife of Latimore Township Adams County and State of Pennsylvania of the one part And Samuel Burkholder, Jacob Stitzel and Andrew L. Coulson Board of Trustees of a School House and Burying Ground or Cemetary near the dwelling of Joseph Flohr in Latimore Township Adams County and State aforesaid of the other part
Witnesseth That the said Joseph Flohr and Elizabeth his wife for and in consideration of the sum of sixty dollars lawful money of the State aforesaid to them in hand well and truly paid by the said Saml. Burkholder, Jacob Stitzel & Andw. L. Coulson Trustees at and before the ensealing and delivery hereof the receipt whereof they do hereby acknowledge and therewith being fully satisfied hath granted, bargained and sold, aliened, enfeoffed and confirmed and by these presents doth fully, freely and absolutely grant, bargain and sell, alien, enfeoff, and confirm with the said Board of Trustees and their successors in office Their Heirs and Assigns all the hereafter described lot of land situate, lying and being in Latimore Township Adams County and State of Pennsylvania Bounded and described as follows, viz., Beginning at a Black Oak stump Thence by school house lot North thirty one and one half degrees East four perches to a stone Thence by the same now sold to Joseph Flohr South fifty two and one half degrees East one perch and seven tenths to a stone. Thence by other lands of the said Joseph Flohr South fifty degrees West eleven perches and nine tenths to a stone. Thence by the same North fifty three and three fourths degrees West Twenty two perches and six tenths to a stone. Thence by the same North seventy nine and one half degrees East Ten perches and Three tenths to a stone, on the line of said Joseph Flohr and George Koch. Thence by lands of the said George Koch and School house or Cemetery South 52 and one half degrees East Fifteen perches and three tenths to the place of the beginning Containing One Acre neat measure. It being part of a tract of land surveyed in pursuance of a warrant granted by the Honorable the Proprietors of the then Province now State of Penna. Unto a certain Brice Blair in who by his deed bearing date the eighth day of June A.D. 1764 did grant and confirm the same unto James Graham his heirs and assigns who by his deed bearing date the fifth day of December A.D. 1787 did grant and confirm the same unto Peter Lobaugh his heirs and assigns. And the said Peter Lobaugh being so thereof seized as aforesaid died having first made his last Will and Testament in writing bearing date the 10th day of August A.D. 1789 which will he did devise and bequeath his Real Estate unto his Three sons and of his said Will did make and constitute and appoint Samuel Lobaugh and Joseph Siegfried to be the Executors as by said will remaining in the Registers Office in Reading in the County of Berks. Relation being thereunto had may fully appear. And the said Samuel Lobaugh and Joseph Siegfried Executors as aforesaid by their deed bearing date the 24th day of February 1786 did grant and confirm One hundred and Twenty eight acres and Forty three perches and allowance unto Abraham Lobaugh his heirs and assigns as by said deed. Recorded in the office for Recording of Deeds in and for the County of York in Deed Book D 10 page 47 may appear. And the said Abraham Lobaugh and Mary his wife by their deed bearing date the 21st day of June A.D. 1790 did grant and confirm the same unto Peter Kugler his heirs and assigns. And the said Peter Kugler and Catharine his wife by their deed bearing date the First day of March A.D. 1794 did grant and confirm the same unto Christian Rust his heirs and assigns. And the said Christian Rust being so thereof seized as aforesaid died Intestate. And whereas Henry Rust and Francis Coulson Administrators of the estate of said intestate. By their deed bearing date the Third day of September A.D. 1799 did grant one hundred and six Acres of the whole tract unto Andrew Lobaugh and to his heirs and assigns. And the said Andrew Lobaugh being so thereof seized aforesaid having first made his last Will and Testament in writing wherein he did devise and bequeath said tract of land unto his son John Lobaugh his heirs and assigns As by said Will remaining in the Registers Office at Gettysburg may fully appear.
And whereas James Bell Jr., Esquire High Sheriff of the County of Adams aforesaid by deed Poll under his hand and seal bearing date the 27th day of January A.D. one Thousand Eight hundred and Thirty six for the consideration therein mentioned and did by virtue of a writ of Venditioni Exponas therein recited grant and confirm unto Joseph Flohr and to his heirs and assigns All that said messuage and tract of land later the Estate of the said John Lobaugh with the appurtenances to hold the same to the said Joseph Flohr (the present grantor) his heirs and assigns forever according to the acts of General Assembly in such case made and provided, as by the said recited Deed Poll duly acknowledged and entered among the Records of the Courts of Common Pleas of said County. Relation being thereunto had, fully appears.
Together with all and singular the buildings and improvements thereon made or erected and profits, commodities, advantages, emoluments, hereditaments and appurtenances whatsoever to the aforesaid described lot of land belonging or in any wise appertaining and the reversions, remainders, rents, issues and profits thereof, also all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of them the said Joseph Flohr and Elizabeth his wife in law and in equity and otherwise howsoever of, in, to, or out of the same
To have and to hold the said lot of land as above described, and the premises hereby granted, mentioned or intended so to be with the appurtenances unto the aforesaid Saml. Burkholder, Jacob Stitzel and Andw. L. Coulson Trustees as aforesaid their Heirs and Assigns forever to their only proper use, benefit and belief, and to and for no other intent, meaning or purpose whatsoever.
And the said Joseph Flohr and Elizabeth his wife for themselves, their heirs, Executors and Administrators do covenant, promise, grant and agree to, and with the said Board of Trustees and their successors in office their Heirs and Assigns by these Presents that they the said Joseph Flohr and Elizabeth his wife and their heirs, the hereditaments and premises Hereby Granted, Bargained and sold, with the appurtenances unto the said Board of Trustees and their successors in office, Their heirs and assigns against them the said Joseph Flohr and Elizabeth his wife and their heirs and against all and every other person or persons lawfully claiming or to claim the same or any part thereof by them or any or either of them shall and will warrant and forever defend.
In testimony whereof the said Joseph Flohr and Elizabeth his wife hath hereunto set their hands and affixed their seals the year and day above written.
Signed, sealed and delivered in the presence of John Gardner and Jas. Davis.
/s/Joseph Flohr (seal)
Elizabeth her X mark Flohr (seal)
Received, on the day of the date of the above Indenture, of the therein named Samuel Burkholder, Jacob Stitzel and Andrew L. Coulson (Trustees) the sum of Sixty Dollars in full for the consideration money above mentioned.
State of Penna.
[ ? ] County
Be it Remembered that on the Seventh day of June A.D. one thousand eight hundred and fifty six before me one of the Justices of the Peace in and for the said County personally appeared the above named Joseph Flohr and Elizabeth his wife and acknowledged the foregoing Indenture to be their act and deed to the intent that as such the same might be recorded according to law. And she the said Elizabeth Flohr being by me examined separate and apart from her said husband and the contents of the above Indenture being first made known unto her acknowledged that she did of her own free will and accord, sign, seal and as her act and deed deliver the same without any coercion or compulsion from her husband.
Witness my hand and seal the day and year last above written.
/s/James S. Davis
Of this copy taken from and compared with the original
Witness my hand at Gettysburg, Pa., this 12th day of December A.D. 1911
/s/Jacob A. Appler, Recorder
Liber 69 Folio 363