Release of Mortgage Indenture--Hophni Smith & Obediah & Julia Cunningham

1811 April 13 Liber N page 296/7 Orange County, NY Release of Mortgage Indenture held by Hophni Smith executed by Obadiah Cunningham and wife Julia bearing date 1 April 1795.

Orange County: On the 23rd of April 1811 personally appeared before me Nathan H White, first Judge of the Court of Common Pleas for said County, John Smith and Susannah Smith, the within grantors, to me known to be the same persons described and who executed this indenture, who acknowledged they duly executed the same and the said Susannah, being examined by me separate and apart from her husband acknowledged she executed the same on her part freely and voluntarily and without an fear or compulsion from her husband as her free act and deed. I therefore allow it to be recorded. Nathan H White.

Whereas I Hophni Smith have and hold a Mortgage executed by Obadiah Cunningham and Julia, his wife, bearing date the first day of April in the year one thousand seven hundred and ninety five on a certain Lot of Land containing two hundred and fifty acres reference being had to the said mortgage on the registry thereof the same will more fully appear. And whereas since the making and Executing the said mortgage my nephew John Smith hath purchased and become the owner and proprietor of the mortgage, premises of which the Lot or piece of land and premises within mentioned and described are a part, and I being well satidfied that the lands and tinsmiths contained in said mortgage exclusion of the said within mentioned and described Lot of Land and premises are a sufficient and complete security to me for the monies due or to become due and secured to be paid by the said mortgage and also being desirous to enable my Nephew the said john Smith to give to the said john McGarrah Junior a title clear of and from the said mortgage have agreed and consented to release unto John McGarrah Junior the premises to him conveyed by my Nephew John Smith. Now therefore do I by these presents remise release and discharge the withinf described Lot of land and premises of and from the said mortgage and of and from my claim or demand of me the said Hophni Smith either in Law or in Equity unto the said john McGarrah Junior his heirs and assigns forever to have and to hold unto the said John McGarrah Junior, his heirs and assigns forever free and clear of and from the said Mortgage any thing therein contained and the contrary notwithstanding. In testimony whereof I have hereunto set my hand and seal this thirtieth day of April in the year of our Lord one thousand eight hundred and eleven. Hophni Smith (seal)

Sealed and delivered in the presence of Nathan H White William Satterly

Orange county On the 23 May 1811, personally came before me Nathan White first Judge of the Court of common Pleas for Said county, Hophni Smith, to me personally known, who acknowledged he signed the release on this Indenture for the uses and purposes therein mentioned. I therefore allow it to be recorded. Nathn h White

A true record entered the Eighteenth day of July 1811 by Hopkins, Clerk