Name/Title
Indenture Feb 4, 1831 bet. John McVey, Ebenezer Bull, Nathan Tuthill & Ezra PalmerEntry/Object ID
003865Tags
John McVey, Ebenezer Bull, Nathan Tuthill, Ezra PalmerScope and Content
[Image 1) This Indenture Made the fourth Day of February in the year one thousand Eight hundred and thirty one Between Aden McVey Ebenezer Bull and Nathan Tuthill all of the Town of Hamptonburgh in the County of Orange and State of New York of the first part and Ezra Palmer of the Town County & State aforesaid of the second part Witnesseth That the said parties of the first part for and in consideration of the yearly rent covenants and conditions herein after contained on the part of the said party of the second part his Executors administrators and assigns to be paid kept and performed. hath Granted Bargained leased and to farm letten and by these presents doth Grant bargain lease and to farm let unto the said party of the second part and to his Executors administrators and assigns all that Certain Farm dwelling house & other Buildings thereunto belonging and Being on Said Farm which is Bounded as follows Viz on the Northwest by the Otterkill on the Southwest by the lands of Hezekiah Watkins on the South by James Strong East by the lands of the said Ezra Palmer and now in the possession of the said Aden McVey To have and to hold the Said Premises with all and singular the following Privileges (to wit) of pasturing and mowing the grass and making use of the same and of tilling the following fields in the following order Viz that part of the Field which is not sown which the said McVey tilled last year and the other part after McVey's Crop comes off and then to be sown with winter grain & seeded with timothy seed at the time of sowing said winter grain at the rate of one bushel to ten acres and in the spring following to sow it with clover seed at the rate of four pounds to the acre and is likewise to till the field by the house the first year and the second year is to till the two fields next
[Image 2] and adjoining the road & Farm where the said Palmer now lives, one of which said fields and the field by the house are to be sown with winter grain and seeded as hereinbefore stated – and the third year is to till the field next the woods and the orchard – the field tilled the second year and not seeded to be sown with the orchard with winter grain and seeded as before stated and it is further agreed that if the said party of the second part should wish to sow more of the land tilled the first or second year with winter grain he shall be at liberty so to do by seeding the same as before stated So that no ground is to be sown with winter grain unless at the same time it is sown with timothy seed and clover seed as before stated and the said party of the second part is to have wood sufficient for one fire during the term of three years which shall be old or dead wood so far as there may be a sufficiency on said farm and in case there should be a deficiency then the parties of the first part or some one of them upon information thereof shall point out such green wood as may be cut to make up the deficiency and further when it is necessary that there should be new rails made for the use of the farm then the parties of the first part or some one of them shall point out such timber as may be cut for the same all of which farm Buildings and privileges as above stated the party of the second part is to have for and during the term of three years from the First Day of April next yielding and paying therefor the sum of one hundred and twenty Dollars yearly and every year during the Continuance of this Lease unto the Said Parties of the first part their heirs or assigns on the last day of December in Each and every year Clear rent over and above all Taxes Charges assessments impositions and payments whatsoever which may hereafter be taxed Charged assessed or imposed on the premises according to law during the said term of three years; and the said party of the second part for himself his Executors administrators and assigns doth covenant well and truly to pay or cause to be paid unto the said parties of the first part their heirs or assigns at the days and times above mentioned yearly and every year during the continuance of this Lease the rent above reserved and also to pay and discharge all Taxes Charges assessments and impositions levied or assessed on the premises as aforesaid and likewise will repair and keep and leave the said farm in as good repair as it is when he takes possession thereof and it is further agreed that the party of the second part shall not take off of said Farm any hay or straw or manure which is the product of said farm and whereas the Barn on said farm is poor and may not be suitable for thrashing therefore it is agreed that he may remove the grain to his own Barn for thrashing but is to return the straw to said farm and there to be fed or converted to manure for the use of said Farm and whereas the said McVey has a crop sown on said farm nothing herein contained shall be construed to hinder the said McVey from repairing the fence around the same harvesting putting in the Barn thrashing and carrying away the same and the party of second part is to have the same privilege with regard to the crop on the ground when he leaves the same, and it is further Covenanted that the Said party of the second part will not commit any waste or spoil on said farm nor suffer it to be done by any under him by cutting of the timber breaking rails letting of hogs run on the grass grounds without being rung or something to prevent them from destroying the same nor pasturing the last year the ground seeded last
[Image 3) with sheep or other creatures so as to materially injure the same and it is further covenanted and agreed that if it shall at any time happen that the rent above reserved or any or any part thereof shall be behind or unpaid for the space of twenty days next after any of the days of payment that then and so often as it shall so happen it shall and may be lawful for the said parties of the first part their heirs or assigns into the hereby demised premises or any part thereof to enter and distrain and the distress then found to take and dispose of according to law to satisfy such rent due and in arrear – and it is further covenanted and agreed between the said parties that for want of sufficient distress whereon to levy or if any or either of the Covenants aforesaid on the part of the party of the second part his Executors administrators or assigns shall not be kept or shall be broken that then and in such case it shall and may be lawful for the said parties of the first part their heirs or assigns to reenter the said Premises and the same to have again repossess and enjoy as their first and former Estate fully and freely and absolutely without any impediment molestation or interruption whatsoever and it is further Covenanted that the said party of the second part his Executors administrators and assigns paying the rent aforesaid and performing keeping and observing the covenants and agreements herein contained shall and may peaceably have hold occupy and enjoy the said hereby demised premises during the said term of three years without any hindrance or molestation whatsoever of the said parties of the first part their heirs or assigns In witness whereof the parties have hereunto set their hands and seals the day and year above written Sealed and delivered in the presence of George Ogden, Aden McVey, Nathan Tuthill, Ebenezer Bull, Ezra Palmer
[Image 4] Received of Ezra Palmer the sum of one hundred and twenty Dollars in full for one years rent on the within leased premises – $1\text{st}$ Month $2\text{nd}$ 1832 by me — Ebenezer Bull 18331,3 Recd of Ezra Palmer the sum of Forty Dollars by me E Bull 18341, 4 Recd of Ezra Palmer the sum of forty Dollars by me E, Bull
