Edward Williams to John Sellers
Philadelphia Deeds EF 26, pages 26-27: permission for a Dam
Date Written October 1766
Date Recorded 3 February 1807
FHL # 0021955
This is the first deed in a series of three deeds between Edward Williams to John Sellers. The deeds concern a dam and were written at different times. but were all recorded at the same time in 1807
(page 26)
This Indenture Made the ---- day of October in the Year of our Lord one thousand Seven hundred and Sixty Seven Between Edward Williams of the Township of Blockley in the County of Philadelphia in the Province of Pennsylvania Weaver of the one part and John Sellers of Darby in the County of Chester and Province aforesaid Weaver of the other part Whereas the said Edward Williams for and in Consideration of the sum of Eight pounds Six Shilling and Eight pence Current Money of the Province aforesaid Well and truly paid by the said John Sellers unto the said Edward Williams in hand paid the receipt whereof the said Edward Williams doth hereby acknowledge and of every part and parcel Thereof doth acquit and forever Discharge the said John Sellers his Heirs Executors and Administartors Hath granted bargained and sold and by these presents Doth grant bargain & sell unto the said John Sellers and to his Heirs & Assigns the free use and Absolute uninterupted privilege of Building Erecting and Maintaining A Dam acrossed a Creek known by the name of Cobbs or Mill Creek to join to the said Edward Williams Land on the North side of the said Creek and thereto Turn the Water thence in and throuth the said John Sellers land Along a Certain ditch or water Cource for the use of the said John Sellers which said Dam is hereby granted to be at the distance of three perches or thereabouts below the Entrance of a Certain Run Known by the name of the Indian Run or Creek into the said Cobbs or Mill Creek aforesaid to have and To hold the free use and absolute uninterupted priviledge hereby granted or mentioned to be granted unto the said John Sellers his Heirs and Assigns to the only proper use and Behoof of the said John Sellers his Heirs and Assigns forever so always and it is the true intent and meaning hereof that the said John Sellers his Heirs Executors Administrators or assigns do not at any time hereafter Erect Build or raise the Dam Aforesaid never up to an Exact level of a Certain large Stone or Rock on the said John Sellers land bearing from the south end of the said Dam South seventeen degrees West Distance seven perches and Seven tenths of a perch or a Marked Beach on the said Edward Williams land wherein and in the said mark is a cart wheel Nail Which said Beach Bears North Thirty degrees West distant from the End of the Dam aforesaid four perches Then the Perpindicular Measure of six feet Eight inches Below the said stone or mark or nail aforesaid and it is further Covenanted and agreed by the said parties that the said John Sellers his Heirs Executors Administrators or assigns shall nor do not Build or lay any Earth or Other Obstruction |
(page 27)
along either side of a Certain Ditch which Conveys the Water from the said Dam but leave the same free and Clear as low as Face on Common surface of the natural ground the whole Distance Across a Certain piece of low Meadow ground next adjourning the Aforesaid Dam and Lastly the said Edward Williams shall from time to time and at all times at or upon the Reasonable request and at the proper cost and charges in the Law of said John Sellers his Heirs and Assigns make Execute acknowledge or cause so to be all and every such further reasonable act and acts deed & deeds Device or Devices in the Law whatsoever for the further better and more perfect assurance and Confirmation of the said free use and absolute uninterupted Privlege hereby granted or mentioned to be granted unto the said John Sellers his Heirs and assigns as by him or them or by his or there Counsel learned in the Law Shall be reasonably Devised advised or required in Witness wherof the said parties to these presents have Interchangeably set there hands and Seals hereunto Dated the day and Year first above Written --- Sealed and Delivered in the presence of us } Edwd Williams {seal} Catherine (her mark) Korty Mathew McCrate Before me Robert Warton. Esquire Mayor of the City of Philadelphia personaly Appeared Robert Steel of the County of Delaware and on his Solemn affirmation according to Law did declare and say that he was well acquainted with Edward Williams the Grantor in the above Indenture named and Verily believes the said Indenture was Signed Sealed Executed and delivered by the said Edward Williams for that this deponent was acquainted with the Signature whereof the same subscribed to the said Indenture Well agrees In testimony whereof I have hereunto set my hand & Seal the 2nd Day of February 1807 Robt Steel } Robt Warton Mayor {seal} Received the day of the date of the Within Indenture of the within named John Sellers the Just and full sum of Eight pounds six shillings and Eight pence in full satisfaction of the Within Mentioned Consideration Is as received-- Witnesses present Catheron (her mark) Rorty Mathew McCrate } Edw Williams Recorded the 3rd day of February 1807 |