James Cunningham
to the Heirs of
Solomon Brecount & David Brecount
submitted by Judy Tooman
October 2005

James CUNNINGHAM to the heirs of SOLOMON BRECOUNT & DAVID BRECOUNT this indenture made the 11th day of October in the year of our Lord one thousand eight hundred and eight, between James Cunningham of the Township of Springfield, County of Hamilton and State of Ohio of the one part, and David Brecount and the heirs of Solomon Brecount deceased of the other part.  Witnesseth that the said James Cunningham for and in consideration of the sum of two hundred dollars current money of the United States to him in hand well and truly paid by the said David Brecount, and the heirs of said Solomon deceased the receipt whereof is hereby acknowledged, and the said James Cunningham doth acquit, release, exonerate and by these presents forever discharge, thereof and therefrom the said David Brecount and the heirs of the said Solomon Brecount deceased, and their heirs executors and administrators, and by these presents hath and doth hereby grant, bargain, sell, alein, enfeoff, convey and confirm, unto the said David Brecount and the heirs of said Solomon Brecount deceased and their heirs and asigns forever.  All that certain tract or parcel of land situate and lying in the North east corner of the twenty eighth section of the fourth Township and first entire range agreeable to the plat of the Miami Purchase and bounded as follows, viz.   Beginning at the Northeast corner of said twenty eighth section, thence west with said section line one hundred and forty two, and one fourth poles to an Elm tree, thence South seventy poles to a stake, thence east forty eight poles to a stake, thence south sixty eight poles to a stake, thence East ninety four and one fourth poles to the east boundary line of said section, thence North with said section line one hundred thirty and eight poles to the place of beginning, containing one hundred acres strict measure.  To have and to hold the said premises with all and singular the appurtenances thereunto belonging or in any wise appertaining to the only proper use benefit and behoof of them the said David Brecount and his heirs and asigns, and the heirs of said Solomon Brecount and their heirs and asigns forever and the said James Cunningham doth for himself and his heirs executors and administrators covenant grant and agree to and with the said David Brecount and the heirs of said Solomon Brecount deceased and their Heirs executors, administrators and asigns that he is the true and lawful ower (sic) of the said premises hereby granted and hath good right full power, and lawful authority to sell and convey the same in manner and form aforesaid, and further that he the said James Cunningham his heirs, executors and administrators will warrant and forever defend the aforesaid premises with their appurtenances unto the said David Brecount his heirs and asigns and unto the heirs of the said Solomon Brecount deceased and their heirs and asigns, against all persons claiming or to claim by from or under him them or any of them, or by from or under any person or persons whomsoever.  In Witness wereof the said James Cunningham together with Janet his wife who hereby relinquishes her right of Dower in the premises have hereunto severally set our hands and seals the day and year above written.
Signed sealed and delivered
  In presence of
  THOMAS HIGGINS                              James Cunningham (seal)
  WILLIAM RYON                                     Janet Cunningham (seal)

State of Ohio Hamilton County    S.S.
                                                        Before me the undersigned one of the Justices of the peace for said county came personally the within grantors James Cunningham and Janet his wife and the said Janet being of mature age, and being examined separate and apart from her said husband acknowledged the within signature and deed of conveyance to be their voluntary act and deed for the use and purposes therein mentioned.  In testimony where of I have hereunto set my hand and seal this tenth day of April A.D. 1810
                                                     Thomas Higgins Justice of the peace  (seal)
                      Received the 11th and Recorded the 24th April 1810.

(Note:  On 18 October 1808, it appears that David Brecount sold this land to William Ryon for four hundred dollars.  Deed Book I, Page 2.)