Monday, December 26, 2011

Amanuensis Monday - 1826 Deed - Walter Dun to Abijah Cary

On his TransylvanianDutch blog, John Newmark defines an amanuensis as “a person employed to write out what another dictates or to copy what has been written by another.” For more information about this daily blogging prompt, see John’s post Amanuensis – Why?.

I have amassed quite a collection of scans of handwritten documents related to my ancestors—primarily marriage records, deeds, and wills. As I have been transcribing these documents, it occurred to me that most of these documents were not actually written by my ancestors, but rather dictated to someone else, and then transcribed by a clerk into official records.

This is the second in a series of transcriptions of deeds representing land purchases in Madison County, Ohio, made by Abijah Cary, one of my maternal 3rd great-granduncles. The land description in this deed is complex and I did not attempt to plat the parcel.

“Walter Dun  )
Deed To          )
Abijah Cary.  ) 
Recorders Office February. 16th 1831
This Indenture made this twentieth day of April in the year of Our Lord one Thousand eight hundred and twenty six. Between Walter Dun and Ann Mary his wife of the County of Ross in the state of Ohio. of the One part. And Abijah Cary of the County of Madison in the state of Ohio of the other part. Witnesseth that the said Walter Dun and Ann Mary his wife in consideration of the sum of Ninety Three dollars. twenty eight cents. current money of the United States to them in hand paid by the said Abijah Cary the receipt whereof is hereby acknowledged, have granted. bargained. Sold and Confirmed to the said Abijah Cary his heirs and assigns forever. all that tract or parcel of land lying and being in the County of Madison in the State of Ohio. on the waters of Darby Creek. bounded as followeth. that is to say. Beginning at three dogwoods. from one root. Corner to Robert Means. Survey. No 5097. Thence with his line North.  ten Poles to A. bur Oak. and small red Elim: Then N85.E. one hundred and twenty poles to A. Stake in a prairie: Then South fifty poles. Crossing a branch at sixteen poles to a stake near two bur Oaks Cornered: Thence S.80West one hundred and twenty one poles to A. Stake in a prairie in Means line: Then with his line North fifty one poles crossing the branch to the beginning containing forty two acres of land be the same more or less. being whole of Survey No. 7389. as it is distinguished on the principal survey on books. which was patented to the said Walter Dun on the 13th day of March 1813 as will more fully appear by the patent itself herewith delivered and the records of the general land office. To have and to hold the said tract of land with its appurtenances unto the said Abijah Cary his heirs and assigns forever. and the said Walter Dun and Ann Mary his wife for themselves. their heirs. executors and Administrators. doth Covenant, promis and agree to and with the said Abijah Cary his heirs and assigns forever. that they the said Walter Dun and Ann Mary his wife and their heirs the aforesaid. tract of land and premises. with the apurtenances to the said Abijah Cary, his heirs and assigns against the said Walter Dun and [blank space with wavy line below] Mary his wife and their heirs and all and Every. other. person or persons. right or rights claim. or claims whatever. Shall and will warrant and forever defend. In Testimony whereof they the said Walter Dun and Ann Mary Dun. have hereunto set their hands and affixed their seals. on the day and [blank space with wavy line below] first-above written. 
Signed. Sealed and delivered in presence of
Thomas Orr.                  Walter Dun           {seal}
Richard Turner.            Ann Mary Dun     {seal}
 The State of Ohio. Ross County to wit.This day the within named Walter Dun. and Ann Mary Dun his wife party. to the above. personally appeared before me the subscriber a Justice of the peace. in and for the said County of Ross. and acknowledged the same to be their act and deed. The said Ann Mary Dun having been by me previously examined seperate and apart from her said husband. and out of his hearing. and the Contents of the said deed having been fully made known to her. she acknowledged the the same to be her free and voluntary act and deed without any compulsion from her said husband.In Testimony whereof. I have hereunto set my hand and seal this twentieth day of April  AD 1826. 
                                 Thos Orr. J P {seal}”
Source: Madison County, Ohio, Deed Books 1810-1922, 7: 173,
deed from Walter Dun to Abijah Cary,  16 Feb 1831; FHL microfilm 522,905.

 © 2011 Denise Spurlock

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