Articles of agreement
Henry Ecroy & Jacob Haines
dated 3 mo 19th 1832
Articles of agreement made and entered into the nineteenth day of third month A.D. 1832 Between Henry Ecroy of Muncy township in Lycoming County and State of Pennsylvania of the first part and Jacob Haines of the same place of the seconds and other part withnesseth. That for and in consideration of the sum of nine thousand dollars purchase money, current money in the States of Pennsylvania, to be paid by the said Haines, his heirs, executors or administrated, in manner and form as herein after covenanted and agreed upon between the parties, the Said Ecroyd doth grant, Bargain and Sell, and agree to convey and secure onto the Said Haines, his heirs and assigns, by an indefensible title of general warrantee clear of all incombrance, the following describ’d pieces and parcels of Land, with the appurtenances, situate in Muncy township, aforesaid on which a Grist and flouring mill is erected, and on which Said Ecroy now resides. – The largest piece and parcel thereof being – bounded by lands of John [Adlison?], Mercy and Charles Ellis, Wm Fr. Robb, James Robb, said Haines, and Benjamin Warner – one other piece and parcel of land adjoining said large piece and parcel above described, purchas’d of Henry D. Ellis. – one other small piece and parcel of land, also adjoining the said large piece, and land of Wm. F. Robb and James Robb. – also one other small piece and parcel of land, bounded by said large piece and parcel above describ’d, and by lands of Benjamin Warner, being a purchase made by Wm Ellis in his life time for the purpose of Securing certain water privileges for the use of the Grist and flouring mill erected and aforesaid on the Said large described piece and parcel of lands as aforesaid. – The four several described pieces and parcels thereof containing jointly and altogether – Two hundred and twenty acres and allowance of six per cent for roads by the same more or less. – To have and to hold the above describd premises with the appurtenances unto him the said Haines his heirs and assigned forever. --- In consideration whereof the said Jacob Haines for himself his heirs, executors and administrators doth covenant and agree well and truly to pay or cause to be paid until the said Henry Ecroyd his heirs and assigned the said nine thousand dollars purchase money as aforesaid, in the following manner – Viz – Five Thousands dollars, part thereof on the first day of fourth month next 1832, on the execution and tender of the deeds as aforesaid by the said Ecroyd. -- Said Haines further covenants and agrees to convey to said Ecroyd his heirs and assigns by a good and Sufficient deed of general warrantee all that certain [mefouage?], price and parcel of land with the appurtenances situate in Muncy township aforesaid on which James Paulhamus now resides bounded by land of Jacob Clayton, Robert C. Hall, Daniel Good, Samuel Simpson and Wm. Watson – also another small piece of woodland purchased of John Battin, bounded by land of said Daniel Good, Simpson and others containing in the two jointly one hundred and twenty acres, be the same more or less. – Deed for the two last describ’d pieces and the parcels of land with the appurtenances to be made to said Ecroyd on the execution and tender of his Deed to said Haines as above stated – which said two last describ’d pieces and parcels of land said Ecroyd agrees to accept as a payment of Two Thousand five hundreds dollars another part of said purchase money. For the Balances and remaining part of said purchase money said Ecroyd agrees to take an assignment of the lands and mortgage on John Montgomery Jr as conditioned & stipulated to be paid in certain articles of agreement entered into by said Montgomery and Haines – dated Sixth day of March 1832 in manner as follows: -- Viz. Three hundred dollars on the first day of May 1833 and Three hundred dollars annually thereafter until the last payment shall remain due which will be two hundred dollars and payable on the first day of May 1838 all without interest until due amounting in the whole sum to Seventeen hundred dollars, which said sum the said parties hereby agree shall be taken and receiv’d as the balance and amount of the aforesaid consideration money in full. Provided nevertheless said Bonds and Mortgage should be duly made executed and tendered to Said Ecroyd as set forth in this agreement, otherwise said Haines covenants and agrees to give to Said Ecroyd Satisfactory Security for the payment of the money in the same way and manner as stipulated in the said articles of agreement between said Haines and said Montgomery – said Haines furthermore agrees that said Ecroyd is to have possession of the two last described premises with the appurtenances on the execution of these presents. – And said Ecroyd on his part agrees that said Haines shall have possession of the first describ’d premises – Flouring Mill and all the appurtenances thereunto appertaining on the payment of said Five thousands dollars as stipulated in this agreement.
Under the heads of appurtenances said Haines is to have all the mill furniture and fixtures, including scales, weights, and all other implements and machines therein contain’d employ’d in the manufacturing of merchant or Superfine flour. – Also to have all the Smith fixtures, Bellows and Smiths tools, comprising a complete set of Blacksmith tools as they now stand in the Smith Shop on said premises. – also the cider mill press etc. Said Ecroyd is to put up in good fence at his own expense all the broad rails now on the premises. – all the remaining posts to be left on the premises –
In witness whereof the said parties have hereunto interchangeably set their hands and seals the day month and year herein first above written
Witness present Henry Ecroyd [seal]
? Ellis Jacob Haines [seal]
Recd 5 mo 3rd 1832 of Jacob Haines two thousand five hundred dollars as condition in the annost agreement being a conveyance by said Haines of the farm near Watsons Mill to me this day made and executed –
Henry Ecroyd
Witness present
Benjamin Warner
Received May 24th 1832 of Jacob Haines six bonds, drawn by John Montgomery Jr. and payable to Jacob Haines amounting in the whole to seventeen hundred dollars being the same bonds referred to in the foregoing agreement & being in full compliance with that part of the agreement – And also a judgement note for Five thousand dollars signed by said Jacob Haines in full of the balance of the purchase money mentioned in the said agreement
Henry Ecroyd