Hosack vs Harris, Brewster, Lamater, Adriance and Gilbert
Hosack vs Harris, Brewster, Lamater, Adriance and Gilbert
Dutchess County Deed Book L77 pages 17-19 (1843)
Transcribed by Carole Gibson
This Indenture made the fifteenth day of June in the year one thousand eight hundred & forty three between Edward A. Buttolph one of the Masters in the chancery in & for the State of new York dwelling in the County of Dutchess of the first part And Tilley Crouse, Carlisle W. Tillon & Oliver W. Doughty of the town of Hyde Park in the County of Dutchess aforesaid of the second part Whereas at a court of Chancery held at the town of Poughkeepsie County aforesaid before the Vice chancellor of the second Circuit of the State of new York on the twentieth day of September one thousand eight hundred & forty one it was among other things ordered adjudged & decided by the said court in a certain cause then pending in the said Court between Alexander E.
Hosack Complainant & Francis Harris & Elizabeth his wife, Gilbert Brewster & Mary Annhis wife, Benjamin De Lamater, John Adriance, Richard Y? Gilbert, Louis Brewster & the [Farwood?] & Manufacturers Bank Defendants, that all & singular the mortgaged premises mentioned in the bill of complaint in said cause & in said decree described be sold at [fath's] auction according to the course & practice of this court by or under the direction of one of the Masters thereof & residing in Dutchess County that the said sale be made in the County where the said mortgaged premises of the greater part thereof are situated that the master give public notice of the time & place of said sale according to the course & practice of said Court & that any of the parties in said cause might become a purchaser or purchasers on such sale that the said Master execute to the purchaser or purchasers of the said mortgaged premises or such part or parts thereof as should be so sold a good & sufficient deed or deeds of conveyance for the same. And whereas the said Master in Chancery in pursuance of the order and decree of the said Court did on the fifteenth day of June A.D. 1843 sell at public auction at the house of Robert Greenfield's in the town of Hyde Park in the County of Dutchess 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 parties of the second part for the sum of Ten Thousand Two Hundred & Nineteen 35/100 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 make & provided & also in consideration of the premises & of the said sum of money so bidden as aforesaid being first duly paid by the said parties of the second part the receipt whereof is hereby acknowledged hath bargained & sold & by these presents doth grant convey unto the said parties of the second part All the certain piece parcel or lot of Land & the Mills & buildings thereon situate lying & being in the town of Hyde Park in the County of Dutchess aforesaid described as follows to wit. Beginning at a point on the westerly side of the road leading to the landing fifty seven inches from the south easterly corner of the Mill House & sixty three feet three inches north westerly from the southwesterly corner of the house belonging to John Bard standing on the easterly side of said road [?] from thence north forty three degrees seven minutes west four chains two links crossing the Crumb Elbow creek to a heap of stones twenty feet south easterly from the center of the road leading to the seam boat landing thence along the southeasterly side of said road keeping twenty feet distant from the center of the same north thirty three degrees twenty six minutes east two chains sixty four & a half links to a heap of stones thence north forty eight degrees twenty three minutes east sixty links to a stone set on the north side of the embankment wall thence north eighty seven degrees thirty four minutes east fifty links to a stone set on the south side of said embankment wall thence south sixty five degrees fifteen minutes east eighty three links to the south west corner of the bridge across the said Crum Elbow creek at the saw mill thence south fifty four degrees east thirty eight- links to
the centre of said bridge along the southerly side of the same thence north forty five degrees east one chain twenty five links along the centre of said Creek to a point of rocks with branches growing on them thence south eighty one degrees ten minutes east one chain ninety one links to the centre of the first dam from the river thence south twenty one degree thirty minutes east one chain twenty five links crossing a small part of the south westerly side of the pond above the said dam to a chesnut stake standing in a small rivulet of water running into said pond twenty feet westerly from the west side of the stone wall on the easterly side of the road leading to the plaster Mill and fifty nine links easterly from the easterly side of a large button wood tree standing at the south end of the said Mill pond thence along the westerly side of the road leading to the Plaster Mill and crossing the road leading to the steamboat landing and along the road leading to the freighting landing south 42 degrees 45 minutes west five chains 84 links to the place of Beginning Containing according to survey two acres twenty seven perches of land be the same more or less. Also the full & exclusive use of the grist and saw mill dam the pond thereof & raising the water to the top thereof raising said dam on foot higher than it is now & of erecting a new dam or dams in its stead and so that the water does not overflow obstruct or otherwise injure or interfere with the plaster mill dam the plaster Mill the waterwheels thereof or any other building or machinery that may hereafter be erected at or near new said plaster Mill dam the water wheel or wheels of which shall not be lower than that of the present plaster mill and also the right of fixing in the land on the north side of the said creek the north end or abutment of said dam or of the dam or dams that may hereafter be erected in its stead. Also the right of crossing and re-crossing said bridge at all times. Also the right of erecting or the making of a railroad four feet wide from the west side of the dry dock abutment to the sawmill & as the present railroad now is from the west side of said abutment to the sawmill and so that it shall not interfere or obstruct using the water or grounds over which it may be laid which shall or may hereafter be wanted or used for dry dock. Also the right of entrance to & from the river with vessels up & down said creek to & from said mills so that the same shall not interfere with said dry dock purposes so that it does not interfere with the water wheels of said mills or any that may hereafter be erected in their stead. Also reserving the right of changing the course of the stream or small creek now or lately emptying in said grist & saw mill pond so that the same will empty into the Plaster Mill pond. Also accepting & reserving a public highway through the above to the steamboat landing 30 ft in width. And also so much of the highway as is included in the above survey of the road leading to the freighting landing of whatsoever with it was heretofore laid out by the commissioners of highways. And also of reserving of full use at all times hereafter of all the water of the said creek & for all purposed whatever accepting so much thereof as shall be necessary for the use of the premises conveyed being the same premises which were conveyed to the parties hereto of the first part by Alexander E Hosack & wife by deed dated June 30 AD 1840. To have & to hold all & singular the premises the above mentioned & described & hereby conveyed or intended so to be unto the said parties of the second part their heirs & assigns to their only proper use benefit & behoof forever.
In witness whereof the said Edward A Buttolph Master in
Chancery as aforesaid hath hereunto set his hand & seal the day & year first above written.
Sealed & delivered in presence of Silas E. Haight
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