John Cleves Symmes to James Cunningham
submitted by Judy Tooman
October 2005

        This Indenture made the first day of February in the year of our Lord 1795 Between JOHN CLEVES SYMMES of the County of Hamilton and Territory of the United States north west of the river Ohio of the first part and JAMES CUNNINGHAM of the said County of the second part   Witnesseth that the said John Cleves Symmes for and in consideration of the sum of two hundred and fifty Spanish milled Dollars to him in hand well and truly paid by the said James Cunningham at or before the ensealing and delivery of these presents the receipt whereof the said John Cleves Symmes doth hereby acknowledge and thereof and therefrom doth clearly acquit exonerate and discharge the said James Cunningham his heirs and assigns forever have given granted bargained sold aliened enfeoffed released conveyed and confirmed and by these presents do give grant bargain sell alien enfeoff release convey and confirm unto the said James Cunningham and to his heirs and assigns forever all the certain tract or parcel of land situate in the said County of Hamilton being a part of the lands purchased by the said John Cleves Symmes from the United States viz the Section or Lot number twenty eight in the fourth township east from the Great Miami & first Entire Range containing Six hundred and forty acres strict measure together with all and singular the privileges and appurtenances thereunto belonging or in any wise appertaining subject nevertheless to the terms of sale and settlement as published by the said John Cleves Symmes at Trenton the 26th day of November 1787     To have and to hold said Tract Section of number twenty eight as aforesaid with all and every of its appurtenances to the said James Cunningham to the only proper use benefit and behoof of the said James Cunningham and to his heirs and assigns forever always however subject to the terms of sale and settlement respecting the representation of the said Section of Land.  And the said John Cleves Symmes for himself and his heirs doth hereby covenant with the said James Cunningham and with his heirs and assigns that at the time of the ensealing and delivery hereof the said John Cleves Symmes is lawfully seized of the premises and all and every part and parcel thereof by purchase from the United States and the said John Cleves Symmes for himself and his heirs further covenants with the said James Cunningham and his heirs & assigns that all and singular the above described Section of land against all and every lawful claim and demand whatsoever unto the aforesaid James Cunningham and to his heirs and assigns will well and truly warrant and forever by these presents defend.  On Witness Whereof the said John Cleves Symmes together with SUSAN his wife who hereby relinquishes her right of dower in the premises have severally set their hands and affixed their Seals the day af’d
Signed Sealed & delivered}
In the presence of----------                          John C. Symmes (seal)
JAS WILKINSON                                     Susan Symmes   (seal)
B. SHAMBURGH

Hamilton SS { Before me AARON CADWELL one of the Justices of the
                   { Court of Common Pleas in the said County came personally the within names John C. Symmes and Susan his wife and the said Susan being examined secretly separately and apart from her said husband and declaring herself to be under no coertion or compulsion and of lawful age did acknowledge the within Instrument to be their voluntary act and deed for the use and purposes therein mentioned.  In Testimony Whereof I have hereunto set my hand and Seal the 29th day of September 1798.       Aaron Caldwell (seal)

Recorded Sept 30th 1796