Background on the Witter Deed
I was so delighted to find the Joshua Witter deed at the Cattaraugus County courthouse in Little Valley several years ago. Then I started trying to transcribe it.
Nonetheless, this 1854 document is an important piece of my Witter family history. It marks the beginning of our connection to Cattaraugus county, New York, where I still have family living today.
The best part of this deed is how neatly it clicks into place with other records I’ve discovered. The 1855 New York State census, for instance, shows the Witter family had been in Hinsdale for only 4 months when the enumeration was taken in June.
I’ve also discovered an 1869 property map pinpointing the location of Joshua Witter’s property in Hinsdale. It matches up pretty nicely with a modern Google map of the area…
Exciting stuff! However, as an amateur genealogist, I’m a bit lost in some of the finer details that this deed reveals. Phase two will be to pull out my trusty copy of The Family Tree Problem Solver by Marsha Hoffman Rising and review the chapters on land records.
Transcription
Now, if you’re a Witter cousin here for the “deets on the deed,” you’ll find my transcription below. I hope you’ll find this a boon to your research. Enjoy!
William Smith & Wife to Joshua Witter
This Indenture made the 8th day of December in the year of our Lord 1854 Between William Smith and Melinda his wife of the town of Hinsdale Cattaraugus County State of New York of the first part and Joshua Witter of the town of friendship Allegany County and State aforesaid of the second part witnessth that the said party of the first part for and in consideration of the sum of one thousand Dollars lawful money of the United States of America to them in hand paid of the said party of the second part the receipt whereof is hereby confessed and acknowledged hath granted bar gained sold remised released and aliened and confirmed and by these presents do grant bargain sell remise release alien and confirm unto the said party of the second part and to his heirs and assigns from all that certain piece or parcel of Land situate lying and being in the County of Cattaraugus in the State of New York being part or parcel of a certain township which on a map or survey of divers tracts or townships of Land in the Western part of the State of New York made for the Holland Land Company by Joseph Ellicott, Surveyor is distinguished by township number two in the third Range of said township and which said part of Land on a certain other map or survey of said township into lots made for the said Company by the said Joseph Ellicott is distinguished by the north part of Lot number Twenty One in said Township, Bounded North by Lot number Twenty three sixty one chains sixty links East by Lot number thirteen Sixteen chains thirty links South by a line parallel to the first mentioned boundary Sixty one chains sixteen links and West by Lot number twenty nine Sixteen chains thirty links Containing one hundred acres. Together with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining and the reversion and reversions remainder and remainders rents issues and profits thereof and all the estate right title and interest that any may claim or demand whatsoever of the said party of the first part either in law or equity of in and to the above bargained premises with the said hereditaments and appurtenances To have and to hold the said premises as above described with the appurtenances unto the said party of the second part and to his heirs and assigns forever. And the said William Smith and Malinda his Wife heir executor and administrator do covenant grant bargain and agree to and with the said party of the second part his heir and assigns that at the time of the ensealing and delivery of these presents they have well seized of the premises above conveyed as of a good sure perfect absolute and indefeasible estate of inheritance in the law in fee simple, and that the above bargained premises in the quiet and peaceable possession of the party of the second party his heir and assigns against all and every person or persons law fully claiming or to claim the whole or any part thereof they will forever Warrant and Defend; In Witness whereof the party of the first part has hereunto set our hands and seal the day and year first above written.
Sealed and delivered in presence of
Wm. G. Todd
William Smith L S
Malinda Smith L S.
State of New York
Cattaraugus County “fs”
On this Eighth day of December 1854 personally came before me, William Smith and Melinda Smith known to me to be the person described in and who executed the within Deed and acknowledged that they executed the same and the said Malinda on a private examination by me separate and apart from her husband acknowledged that she executed the same freely and without any fear or compulsion of her said husband.
Recorded the 6th day of March A. D. 1855 at 9 o’clock a.m. & 00ox (?)
E. H. Southurch Clerk
Wm. G. Todd
Justice of the Peace
Source: Cattaraugus County Deeds, 1854-1856, Volumne 37, page 268.
Cattaraugus County Courthouse, 301 Court St, Little Valley, NY 14755.
(View an image of the original deed on FamilySearch.org.)
According to the Geneabloggers site, “Amanuensis Monday is a daily blogging theme which encourages the family historian to transcribe family letters, journals, audiotapes, and other historical artifacts.” It’s been a while since I participated with in the daily prompts, so I’m happy to have one to offer today!
Thanks for reading!