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.
/s/Joseph Flohr
Witness
/s/John Gardner
/s/Jas. Davis
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