JOHN LANDES TO MARTIN MOHLER, S-33

LANCASTER CO., PA, DEED BOOK S, PP. 33-4, 9 July 1774, 58acres

[see also deed, Q-5, ELC]

THIS INDENTURE Made the ninth day of July in the year of our Lord one thousand seven hundred & seventy four BETWEEN John Landes the surviving Executor of the Last Will & Testament of Henry Mohler Senr. late of Cocalico Township in the County of Lancaster yeoman deceased of the one part and Martin Mohler of the said Township of Cocalico & County of Lancaster & Province aforesaid yeoman of the other part.

WHEREAS the said Henry Mohler Senior deceased in & by his Last Will & Testament in writing under his hand & seal bearing date the twenty second day of August in the year of our Lord 1769 & therein among other things did give in the following words, to wit "My eldest son Martin shall have my plantation which I have lately bought from William Heaffer & further he shall have from my plantation joining the aforesaid plantation & whereon I live at present forty acres more to be taken by advice of four arbitrators indifferently chosen & therein did nominate & appoint ye sd. John Landes & his son Henry Mohler Executors of that his said Last Will also impowering them or any of them alive to give & execute deeds to the said Martin Mohler of the lands to him" respectively give in & by the said Last Will which Deeds he acknowledged as valid & lawfully as if he had executed them in his own person as in and by the said Last Will & Testament of the said Henry Mohler Senr. deceased duly proved and remaining in the Registers Office at Lancaster reference thereunto being had may more fully appear.

AND WHEREAS the said Henry Mohler one of the Executors in the said last Will named died before the said Deed was executed whereby the sole Power of Executing the said Deed or Titles for the said lands is now vested in the said John Landes party hereto.

NOW THIS INDENTURE WITNESSETH That the said John Landes for and in consideration of the sum of two hundred and eighteen pounds lawful money of Pennsylvania to him the said John Landes in hand well & truly paid by the said Martin Mohler at & before the ensealing & delivery of these presents the receipt whereof is hereby acknowledged & thereof & of every part & parcel thereof doth exonerate acquit release & forever discharge the said Martin Mohler his heirs & assigns by these presents Hath granted bargained sold released & confirmed and by these presents Doth grant bargain sell release & confirm unto the said Martin Mohler his heirs & assigns forever.

ALL THOSE TWO CERTAIN pieces or parcels or tracts of land lying contiguous situate in Cocalico Township aforesaid bounded limited & described by the lines as followeth to with one of them Beginning at a post near John Heafly's & Jacob Mohler's land at the Bank of Cocalico Creek and from thence extending down the said Creek the several courses thereof forty two perches to a post thence by lands of George Mergle North fifty degrees West nineteen perches & an half to a post thence by the same West twenty two perches to a post thence by the same North sixteen degrees East twenty nine perches & an half to a post thence by the same South eighty three degrees East thirty one perches to a post thence by the same North sixty one perches to a post thence by the same North thirty five degrees West three hundred perches to a stone in a line of Jacob Keller's land, thence by the same East by North seventeen perches & an half to a post corner of a tract herein after described thence by the same South thirty six degrees East three hundred & fifth three perches to a stone thence by the same South forty four degrees East twenty perches to a stone thence by land of John Heafly South fifty seven degrees West fifty four perches to a post thence by the same South forty four degrees East twenty five perches to the place of Beginning CONTAINING fifty eight acres and the allowance of six pcent for roads & the other of them BEGINNING at a stone corner of the above described tract thence by the same North forty four degrees West twenty perches to a stone thence by the same North thirty six degrees West three hundred & fifty three perches to a post in a line of Jacob Keller's land thence by the same East by North seven perches to a stone corner thence by land of John Mohler South thirty one degrees East three hundred & sixty perches & an half to ye place of Beginning CONTAINING forty acres & the allowance of six pcent for roads &c. The first described tract of 58 acres & allowance BEING a part of a larger tract of one thousand six hundred & forty seven acres & allowance granted to John White by Patent dated the twelfth day of June in the year of our Lord 1734 as by the said Patent recorded in the Office for Recording of Deeds for the City & County of Phila. In Patent Book A Vol. 6, Page 349 &c. the second day of July 1734 reference thereunto being had may more fully appear

AND the said John White by Indenture dated the 19th day of November 1736, for the consideration therein mentioned did grant & confirm unto John Mergle Senr. his heirs & assigns forever A CERTAIN PART of the above mentioned tract of land as by the courses & distances thereof CONTAINING one hundred & eighty acres & allowance including the above described tract of fifty eight acres and allowance aforesaid. AND the said John Mergle Senr. by Indenture dated the fourth day of June Anno Dom. 1762, for the consideration therein mentioned did grant & confirm unto John Mergle Junr. & George Mergle their heirs & assigns forever A CERTAIN PART of the said tract of 180 acres & allowance as by the courses & distances thereof CONTAINING ninety nine acres & one hundred & eleven perches and allowance aforesaid including the above described tract of fifty eight acres & allowance aforesaid

AND the said George Mergle and Sabina his wife and John Mergle Junr. by Indenture dated the twenty fourth day of June Anno Domini 1766 for the consideration therein mentioned did grant & confirm unto William Heaffer his heirs & assigns forever All that the above described tract of fifty eight acres & allowance aforesaid being a part of the said tract of 99 acres & 111 perches & allowance aforesaid and the said William Heaffer & Catherina his wife by Indenture dated the first day of June A.D. 1769, for the consideration therein mentioned did grant & confirm all the said described tract of fifty eight acres & allowance aforesaid unto the said Henry Mohler Senr. deceased. And the last described tract of forty acres & allowance being also part of the said tract of 1647 acres & allowance aforesaid granted by Patent as aforesaid to the said John White who by Indenture dated the 19th day of November A. D. 1736 for the consideration therein mentioned did grant & confirm unto Sigimund Landert his heirs & assigns forever A certain part of the said tract of land as by the courses & distances thereof Containing 140 acres & the allowce. Aforesaid, including the above described tract of forty acres & allce. aforesaid and the said Sigimund Landert by Indenture dated the 15th day of October Anno Dom. 1744 for the consideration therein mentioned did grant & confirm the said tract of 140 acres & allowance aforesaid unto Christian Graff his heirs and assigns forever.

AND the said Christian Graff was in his lifetime by virtue of the said last recited Indenture seized in his demesne as of of fee of and in the said tract of land Containing 140 acres & allowance aforesaid with the appurtenances and died so thereof seized intestate leaving Margaret his Widow & issue five children to wit Jacob Graff & Abraham Graff his only sons & Margaret who intermarried with Adam Rutter & Elizabeth who intermarried with Henry Hipple & Barbara Graff his only daughter and the said Margaret Graff the Widow Jacob Graff Abraham Graff Adam Rutter & Margaret his wife Henry Hipple & Elizabeth his wife & Barbara Graff by Indenture dated the thirteenth day of May Anno Dom. 1752 for the consideration therein mentioned did grant & confirm the aforesaid tract of 140 acres & allowance & allowance aforesaid unto the said Henry Mohler Senr. deceased including the above described tract of forty acres & allowance aforesaid reference to the several recited Indenture being had may more fully & at large appear.

TOGETHER WITH all & singular the buildings and improvements on the said premises erected & built and also all ways woods waters watercourses rights members priviledges hereditaments & appurtenances whatsoever to the same belonging or in any wise appertaining and the reversions & remainders thereof and also all the estate right title interest property possession claim & demand whatsoever both in law & equity & otherwise howsoever of him the said Henry Mohler Senr. at & immediately before the time of his decease of in & to the same & every part & parcel thereof.

TO HAVE AND TO HOLD all & singular the above described two tracts of land containing in the whole ninety eight acres of land & the allowance aforesaid hereditaments and premises hereby granted or meant or mentioned so to be with the appurtenances unto the said Martin Mohler his heirs & assigns to the only proper use & behoof of him the said Martin Mohler his heirs & assigns forever. UNDER & SUBJECT to the proportionable part of the the Proprietaries yearly quitrent thereon due hereafter to become due & payable for the same to the chief lord or lords of the fee thereof. AND the said John Landes doth for himself & his heirs covenant to and with the said Martin Mohler his heirs & assigns by these presents that he hath not wittingly nor willingly done or suffered any act matter or thing whereby the said ninety eight acres & allowance aforesaid hereditaments & premises hereby granted or mentioned or intended so to be with the appurtenances is are or may be impeached or incumbered in title charge or otherwise. IN WITNESS WHEREOF the said John Landes to these presents hath hereunto set his hand & seal the day and year first above written John Landes (SEAL)

Sealed & delivered in the presence of us Andrew Kise (German) John Jones

RECEIVED the day and year first within written of and from the within named Martin Mohler the sum of two hundred & eighteen pounds lawful money of Pennsylva. Being in full for the consideration money within mentioned. John Landes Witness present Andrew Kise (German) John Jones.

LANCASTER COUNTY, SS: Before me the subscriber one of his Majesties Justices of the Peace for ye sd. County came the above named John Landes and acknowledged the above written Indenture to be his act & deed & desired that the same may be recorded as such according to law. Witness my hand & seal this 9th day of July in the year of our Lord 1774. Emanuel Carpenter (Seal)

Recorded the 22d. May 1775 Edwd. Shippen, Recorder.