Sheldon vs Doughty
Wilson Sheldon & wife Hannah vs Mary Doughty and other Doughtys
Dutchess County Deed Book L75 pages 132-134 (1843)
Transcribed by Carole Gibson
Note: Numbers for degrees, links, chains and minutes are uncertain.
This Indenture made the first day of April in the year one thousand eight hundred & forty three Between Joseph H. Jackson one of the Masters in Chancery in & for the State of New York dwelling In Poughkeepsie Dutchess County of the first part and Wilson B. Sheldon of Beekman Dutchess County of the second part. Whereas at a Court of Chancery held at Poughkeepsie Dutchess County before the Vice Chancellor of the second Circuit of the State of New York on the nineteenth day of July one thousand eight hundred & forty two it was among other things ordered adjudged & decreed by the said Court in a certain cause then pending in the said Court between Wilson B. Sheldon & Hannah Maria Sheldon his wife complainants & Mary Doughty John J. Doughty & Elizabeth Doughty his wife Sophia M. Doughty Thomas J. Doughty & Phoebe Jane Doughty defendants that all & singular the mortgaged premises mentioned in the bill of complaint in said cause & in said decree described or so much thereof as might be sufficient to raise the amount due to the complainant for principal interest & costs in said cause & which might be sold separately without material injury to the parties interested be sold at public auction according to the course & practice of this court by or under the direction of one of the Masters thereof residing in the County of Dutchess that the said sale be made in the county where the said mortgaged premises or the greater part thereof are situated that the Master give public notice of the time & place of such sale according to the course & practice of said Court & that any of the parties in said cause might become a purchaser or purchasers in such sale that the said Master execute to the purchaser or purchasers of the said mortgaged premise, or such part or parts thereof as should be so sold a good & sufficient deed or deeds or conveyance for the same and whereas a certificate of the [involvement?] of said decree signed by the Clerk of the Second Circuit of said court has been presented to said party of the first part And Whereas the said Master in Chancery in pursuance of the order & decree of the said Court did on the twenty fourth day of September last sell at public auction at the Court House in Pougkeepsie aforesaid the premises in the said order mentioned due notice of the time & place of such sale being first given agreeably to the said order at which sale the premises hereinafter described were struck off to the said party of the second part for the sum of Fourteen Thousand Five Hundred & Twenty Five Dollars that being the highest sum bidden for the same. Now this Indenture Witnesseth that the said Master in Chancery the party of the first part to these presents in order to carry into effect the sale so made by him as aforesaid in pursuance of the order & decree of the said Court & in conformity to the statute in such case made & provided & also in consideration of the premises, & of the said sum of money so bidden as aforesaid being first duly paid by the said party of the second part the receipt whereof is hereby acknowledged hath bargained & sold & by these presents doth grant & convey unto the said party of the second part his heirs & assigns forever All those certain pieces or parcels of Land lying & being in the town of Beekman in the County of Dutchess in a deed thereof bearing date the 19th day of April 1824 from Thomas Doughty to Joseph T. Doughty described as butting & bounded as follows the First Beginning at the north east corner
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of Thomas Martin's farm & running in company with said Martin's line south sixty one degrees West
9 ch & 83 links thence south 63º 30' west 18 chains & 50 L to a stone set in the ground thence north 25º 15' west 11 ch 71 L to the north side of the road thence north 26º west 57 ch 60 L to the bank of the creek thence up the creek as it now runs in a noreasterly direction to a white oak tree standing on the west bank of the creek in William Norton's line thence along said Norton's line north 58º east 7 chains 70 links to a white oak tree marked thence south 25º east 73 chains 70 links to the place of Beginning Containing One hundred & sixty seven acres of Land be the same more or less. Secondly tat certain piece of wood Land situate in the town & County aforesaid & described in said deeds as Beginning at the north east corner of Lot No. 2 at a stake & stone, 40 links north west of a chesnut cornered 7 marked 2x3 & from thence running along a brook as it now runs the division line as follows south 45º east 4 chains to a stone thence up along said brook south 20 degrees east one chain 40 links thence north 70 degrees east 1 chain & 18 links thence south 52º east 2 ch to a white ash in the middle of the brook thence south 46º east 8 ch thence 70º east [?] ch & 37 l thence south 22º east 3 ch thence south 4º east 2 ch thence south 43º east 2 ch thence south 52º thirty four links to a monument erected where said brook divides into three branches or three [?] [?] unite in one stream thence along the west branch south 2º east 2 ch thence south 34º east 4 ch to a walnut tree thence up along a steep part of the mountain south 25º east 7 ch & 70 l to a chesnut oak cornered & marked 3.4.12.13 standing on the north side of a large rock thence along a line of marked trees north 37 ch to a walnut sapling twenty five links from a chesnut cornered & marked 3&4 thence south 87º west 15 chains to a monument of stone erected in a clear field thence south 12V west 5 ch to a monument of stone in said field, thence south 58º, west 2 ch to the place of Beginning Containing Thirty three acres be the same more of less. Excepting & reserving from the last described premises about ten & a half acres conveyed by said Thomas Doughty to Ricketson & George W. Doughty. Thirdly All that certain wood Lot in Beekman aforesaid late in the occupation of the said Joseph T. Doughty & bounded westerly & easterly by lands of Gilbert Flagler formerly of John Brill northerly by lands of Solomon Flagler southerly by lands late of Timothy Wood & Cornelius Titus & by other wood lands late of Joseph T. Doughty containing about 24 acres 2 rods & thirteen perches of Land. All the above premises are conveyed subject to a general encumbrance thereon in favor of Mary Doughty by force & virtue of a certain Indenture of Mortgage thereon bearing date May 19 1824 executed by Joseph C. Doughty & Elizabeth hiss wife & recorded in the Office of the Clerk of the County of Dutchess in Liber C[?] (No. 33 on pages 330, 331 & 332 & the bonds accompanying the same & by force & virtue of the last Will & Testament of Thomas Doughty deceased & that such incumbrance so far as it yet remains such is to the purport & effect following in the words of the conditions of said bond that is to say Further the following reserves & privileges are agreed on Thomas Doughty reserves during his life time & his wife's life the house room that he now occupies barn room stabling sufficient to entertain his friends likewise the orchard adjoining the barn three good cows seven ewes & the increase of the same to be kept until they are seven month old Also one span of horses also one half of the poultry raised & one half the eggs Joseph agrees to keep all the above stock
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at his own expense the horses to be kept on hay & grain in such way as shall be considered sufficient
Joseph agrees to furnish provision sufficient for Thomas Doughty's family likewise a sufficient supply of fire wood prepared fit for use by Thomas paying five dollars each year Joseph agrees to furnish Thomas Doughty's family with fifty pound of dressed flax each year provided Thomas pays the expense of dressing the same & six shillings each year towards the expense of raising said flax Thomas has the privilege of keeping four hogs at his own expense except that the payment of Eighty dollars per annum to said Mary Doughty during her life time is substituted as an incumbrance on said premises in the place of that part of said condition which reads, Joseph agrees to furnish provision sufficient for Thomas Doughty's family. To have & to hold all and singular the premises above mentioned & described & hereby conveyed or intended so to be unto the said party of the second part his heirs & assigns to his & their only proper use benefit & behoof for each subject to the general incumbrance in favor of Mary Doughty above mentioned.
In Witness whereof the said Joseph H. Jackson Master in Chancery as aforesaid
hath hereunto set his hand & seal the day & year first above written.
Sealed & delivered in the presence of Joseph H. Jackson {LS}
The words "the first" & three interlined before execution. S. E. Haight
Recorded April 1st A.D. 1843 at 30 minutes p.m.
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