aaa-0628.html
James Ellison and Warren Bly, both of Chautauqua, NY, lot #73, 71.82 acres, and
northwest part of lot #71, 35.87 acres, in Mayville, 15 April 1839, Chautauqua County,
Liber 33: page 487.
This Indenture made this fifteenth day of April one thousand eight hundred thirty nine Between
James Ellison and Warren Bly both of the County of Chautauqua in the state of New York
Witnesseth That whereas the said James Ellison was the equitable owner of a lot or parcel of land
in the said County of Chautauqua known and designated as lot number seventy three, Containing
seventy one and 82/100 acres and north west part of lot seventy one, Containing thirty five
87/100 acres, being together one hundred and seven 69/100 acres, so numbered and designated
on the map of the village of Mayville in said County.
And whereas said Ellison agreed to sell and convey to the said Bly out of his equitable interest the
number of thirty five acres to be taken off from the north west side of said lot number seventy
three.
And whereas the parties hereto in ???? of such agreement proceeded together to the office of the
Holland Land Co. for the purpose of procuring Deeds respectively for the equitable interests
above described.
And whereas in the making of such Deeds the whole of said lot number seventy three, was
Deeded to said Ellison and the above described part of lot number seventy one was Deeded to
said Bly, both through mistake, instead of Deeding said Bly the north West part of lot numbered
seventy three, thirty five acres and to said Ellison the residue of said lot, of one hundred and seven
69/100 acres
And whereas the said Ellison gave his bond & Mortgage on the 14 day of January 1838 to
William Willink & others for the unpaid balance of the purchase money of the land deeded to him
as above mentioned and for the payment of which said land is holden under the Mortgage and on
the same day said Bly gave his bond and Mortgage for the unpaid balance of the purchase money
of the land so deeded to him as aforesaid and is similarly bond.
And whereas it is now the purpose of the parties hereto to correct this Error & to perfect the
bargain between them as originally intended.
Now Therefore we the said James Ellison & Warren Bly each for himself & for his heirs,
executors, administrators and assigns do covenant and agree to and with the other as follows to
wit.
First the said Warren Bly assumes and agrees to pay the sum of two hundred and fifty seven
dollars and forty three cents with interest upon and towards the payment of the land and
Mortgage given as above mentioned by said Ellison to be applied as payment upon the northwest
part of said lot number seventy three, which when paid in full and a discharge of Mortgage land
from the Land Office will leave the land originally purchased by said Bly of said Ellison and
hereby conveyed free and clear from the above mentioned encumbrances.
Secondly the said James Ellison covenants and agrees in like manner to pay the sum of two
hundred and sixty three dollars and twenty four cents and interest in full payment of the bond and
Mortgage given by said Bly so that said Ellison upon payment of the same may obtain a discharge
Mortgage from the Land Office and have his Land also clear from the incumbrance above
mentioned.
Thirdly for and in consideration of the foregoing and also of the sum of one dollar the receipt of
which is hereby acknowledged I the said Warren Bly hereby convey, alien enscoff & confirm to
the said James Ellison & to his heirs and assigns forever all my right title, interest & claim of in
and to the above described part lot numbered seventy one thirty five 87/100 acres with the
appurtenances. To have and to hold for his own proper use and benefit forever.
Fourthly for and in consideration of the foregoing, and also of the sum of one dollar the receipt
whereof is hereby acknowledged, I the said James Ellison hereby convey alien enscoff & confirm
to the said Warren Bly and to his heirs and assigns forever, all my right title interest & claim of in
and to the above described Northwest part of lot numbered seventy three, thirty five acres with
the appurtenances. To have and to hold for his own proper use & benefit forever.
In Testimony whereof we have hereunto set our hands & seals in duplicate (one copy of which is
for each of the parties) to be recorded in the clerks office of the said County of Chautauqua, both
being marked by the Clerk as duplicates on record.
Sealed and delivered Warren Bly, S.S.
in presence of James Ellison, S.S.
Chautauqua County
On this 4th day of October 1842, Warren Bly & James Ellison to me known to be the persons described in and who executed the foregoing Deed came before me & acknowledged the execution of the same.
Russell Sackett, J.P.
Chautauqua County
Recorded Nov. 4 1842 at 11 O'clock am.
I.G. Hinckley, Clerk
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