The instrument's own words
page 1
(Copy) - 408.
At a Court of Common Pleas begun and helden
at South Kingstown western end for the County of Washington in
the State of Rhode Island and Providence Plantations on the second
Monday of May being the thirteenth day of the month in the year
of our Lord the thousand seven hundred eighty four and fifty
Present the Hon William M Staples Assoc. Just
& Sup. Court
Thomas Ellis of Richmond in the county of Washington Planters
pliff — William Commons of Charlestown and Susan Emond Guardians
of the estate of barnabas Commons estate Joseph Truman some I Commons, that
T Commons George the commons Charles Comms and Phebe Ann Comms a
minor under the age of twenty one years one and her heirs at law through
Ellis late of Huntington in the State of Connecticut of late Charles Short-
town defendants in an action partition for that the said
Defts partition made with the Pliff for one certain lot of land delivered
in said Charlestown the first bounded on the north by the Pawcatuck
river on the east by lands of George Bragg and Anna Commons South with
lands of Thomas Comms and her heirs of Jos Comms and west in lands of
Emma Comms containing about fifty acres with in pale or walls with
dwelling house and other buildings thereon standing (as per part of which
buildings belong to Thomas Comms) a part of the new Fort in provenance and
Boston Road running across the same The said lot bounded on
the North by lands of Thomas Comms the east by the W. T. Rd North range
South by lands of Thomas Ellis and west on Pawcatuck river until
many that one acres of which the Pliff is the owner one hundred and
twenty and the said William Comms and the said Susan Emond the
said Thomas Comms the owners of the undernamed namely the whole of which
is held by the Pliff and Defts undivided and in common partition
whereof the said Defts refuse to make — The said suit was dismissed
for the action brought was at the last term of this court and the Hon Just
Ann Isaac Beacon tolden and Copy’d this Page appeared to make partition
according to the reasonable rights of the parties and after their deliberation they
make the following Report
Reported to the Court of Common Pleas for the County
of Washington state and State of Rhode Island &c We have considered
on the estate of Thomas Ellis &d William Comms Susan Emond & other
heirs of Jos Comms acc have made partition of the lands of Thomas & others
received in my hand wrote to be divided being dated the 8th of December
1767 And pursuant to our appointment for the date we have notice of the
of proceedings and after surveying the same we have made division
of the same into two lots and after appeal to our agreement have done
dividing the one part thereof to the said Mica William Comms & Susan Emond
being the one part of the said lot for some areas and the other part belonging
to Thomas Ellis that is to say we have assigned by lot to Thomas Comms
the lot set off in the annexed map containing there three and one quarter
acres with the lot of bordering boundary areas and we have assign-
ed to the part where of in the fleet to the said William Comms & other
subscribers for the mines heirs of the said Joseph are containing hundred
seven acres 333 with the lotlet containing thirteen acres the land
on the lot bounded to the west main road meadow to be run
into the line on the lot go to set off the lot no 2 is to have the dwell-
ing house and the privilege of crossing the Main way from the north
part in the new alleyway and to cross the Ride Pasture to No 1 to the house
and privilege in the house lot and proceed the House go down
then the lot to revert to Lot No 1 Also from the southwest corner of the west
meadow
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"14" p
Meadow across the hie pasture to the cow yard. And that Lot No 4
west of the Rail Road to have a passiway across lot no 3 near
arnold Wood's lane to the Rail road The plat projected from a
scale of 18 Chains to an inch
Done on the premises in Charleston and signed
and finished the 21st of Novr 1849 and signed
Cost
John Wilbur 5.00
Hope Perry 2.00
Isaac Collins 2.00
Honora of commite 2.00
$11.00
John Wilbur
Isaac Collins Committee
Hope Perry
Know all Men by these Presents, That I Isabesha
Case of Charleston in the County of Washington & State of
Rhode Island for and in consideration of the sum of twelve
dollars to me paid by Ephraim G. Healy of said town the receipt
whereof i hereby acknowledge have received, released and
quitclaimed and by these Presents do remise, release and
forever quitclaim and, release unto the said Ephraim G. Healy his
heirs and assigns forever, all the right title, interest, property,
claim and appurtenances which i now have, or right ought to
have, reclaim in and to the certain tract of land situate
in said Charleston; the first lot containing by calculation, one
third lot, the acres to the same mentioned and bounded northerly
and westerly on land of Isaac Perry easterly on the
land of Isabesha Case and southerly on land of one
Isabesha Case the other lots bounded northerly easterly and southerly
on land of Perry, and westerly on land of Philip
Case, containing five acres be it more or less, or
either either of the parcels may be furthermore increase
Of have and hold the same with all the rights, privileges
and appurtenances thereto, or thereunto appertaining to have
the said Ephraim G. Healy his Heirs and Assigns forever
And I the aforementioned Isabesha Case for myself and my heirs
Executors and administrators do covenant with and for the
said Ephraim G. Healy his Heirs and Assigns that will
and defend the aforesaid premises to him the
Ephraim G. Healy his Heirs and Assigns forever, against
all lawful claims and demands of all persons claiming
or near me. In Testimony whereof i have set my
hand and seal this 18th day of January in the year of our
Lord One thousand seven hundred and fifty one,
Isabesha Case her
(Signed, sealed and delivered)
In presence of
William Case (witness)
J. T. G. Gibson
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"40" p
meadow across the hill pasture to the cow yard, And that Lot No 1
west of the Rail Road to have a passageway across Lot No 3 near
Arnold's House from home to the Rail road - The plat projected from a
scale of 10 chains to an inch.
Done on the premises in Charlestown
and finished this 21st day of Novr 1847 and signed
Cost { John Wilbur 5.00 } of John Wilbur
{ Hopson Perry 2.00 } { Isaac Collins } Committee
{ Isaac Collins 2.00 } { Hopson Perry }
{ Honorarium 2.00 }
{ $ 11.00 }
[Map showing various lots including "Lot No 2", "Lot No 3", "Home Lot", and labels for "Isaac Collins", "Hopson Perry", and "John Wilbur"]
Which Report is by the Court reviewed and established
And it is therefore the judgment of the court that the
same is and shall be the legal division of said premises
once that the cost shall be paid according to inter-
ests of the parties
Recorded Jany 24th 1848
By Quilon Potter jp. J.C.
page 4
[Upside down text at top]
Joseph St Greffson
William Carr (right)
in
as answer of as
which, duly sworn and affirmed
I do swear
that the following statement is true
State of South Carolina J.C.
Washington SC.
Charleston Jan 13th 1851
Personally appeara before me Basaba
Carr who execute the preceding
instrument, and acknowledge
the same to be her voluntary act and
deed Joseph St Greffson Justice of the Peace
Recorded January 25th A.D. 1851
By Gideon Hope J.S.C.
[Map annotations]
Creek
Main Road
Lot 4
Lot 3
Lot 2
Lot 1
Bound Lot
Basaba Carr
M. Thomas
G. Moore
[Upside down text at bottom]
Lot 1
Measure near the hut from the corner to the corner yard. And her Lot 2
West of the lot that she had there to have a pathway across lot 3 to near
controll these lines to the neat road - the shear figures from a
deal of 16 chains to an inch
and furthermore the 2nd of 1851 she agrees
that the premises in the manner in Charleston
John Milker
of grace bellow (
of some bllow (
16 steps fully (
Stephen Bell 2.00 (
Stephen Bell 2.00 (
of some bllow 0.00 (
from Jamison 2.00 (
from Jamison 11.00 (
Total 21.00