INDENTURE - POTOPAUGE QUARTER & OYSTER RIVER QUARTER , SAYBROOK, NEW LONDON CO., CT, 1730/1


[Transcribed by Janece Streig]

Saybrook Land Records
Book 4 Page 558-560

Indenture to Settle the Line between the Quarters

This Indenture made this 22d day of February in ye fourth year of his Majesties Reign Anno Domini 1730/1 by & between Major John CLARK ye Rev. Mr. Abraham NOTT Dea. Nath'll PRATT Mr. Charles WILLIAMS Benjamin Rob't LAY Hez: BUCKINGHAM John DENISON Ebenez'r PRATT John PRATT John FENNER Thomas STARKEE Jabez PRATT John CLARK, Joseph CLARK, Sam'll CLARK, Capt. Sam'll DOTY Nath'el PARKER Joseph PARKER, Joseph PRATT, John PELTON Sam'll PRATT, Samuel PRATT, Gideon PRATT Sam'll LAY, Proprietors of a certain Parcell of land in the Township of Say-Brook called Potepauge Quarter on ye one part & ye Rev. Jared ELLIOTT Major John CLARK Mr. Daniel GREENELL Capt. Sam'll CHAPMAN Capt Sam'll DOTY Capt. Sam'll JONES Lt John WHITTLESEY Thomas JONES Abraham CHALKER Thomas MERRILLS Joseph CHAPMAN Stephen CHALKER Ephraim BUSHNELL John BROOKER, Paybody GREENELL, Sam'll CHALKER Daniel GRISWOLD William BUSHNELL John KIRTLAND Sam'll BUSHNELL Ebenezer STEVENS Rob't CARTER John BROOKER Paybody GRENELL Sam'll Chalker Benjamin WRIGHT Abrah'm POST John CHAPMAN John BROOKER Jun'r Joshua BUSHNELl Jared SPENCER Thomas SPENCER Joseph SPENCER Joseph STANNARD John STANNARD Jun'r Will'm STANNARD John CLARK Caleb CHAPMAN James POT Samuel STANNARD Henry REEVES San'll WILLARd Nath'el CLARK Rob't LAY James LORD Daniel CHAPMAN Nath'el CHAPMAN James WRIGHT Sam'el DENISON Peter MURDOCK Hezekiah BUCKINGHAM Andrew LORD Nath'el BUSHNELL Benjamin CHAPMAN Rob't PRATT George GREENELL Proprietors of a Certain Parcell of land in ye same SayBrook called Oyster River Quarter on ye other Part Witnesseth That Whereas Some misunderstanding hath arisen between the above named proprietors of Oyster River Quarter & ye aforementioned Proprietors of Oyster River Quarter relating to ye extent of ye bounds of said aforementioned Quarters & also Relateing to ye extent of ye bounds of said Quarters & now to the end that a final settlement of s'd Line & the extent of s'd Quarters made Determined & Concluded & all Controversies Relating thereunto for ye future prevented it is Covent?? Imprinis, That a line beginning at Prospect hill at ye Wallnut Tree or stump with a heap of stones about it thence Running near Northwest & by North to ye known antient monument in said line till it comes to an old Oak-stump on ye South Side of falls River near ye West end of ye Iron Works Pond & from thence to continue still Northward to a White Oake Tree on ye North side of ye falls River & from thence near Northwest & by North to a white Oak Tree standing on the Westerly side of Kelsey Hill thence continuing near the same course to a White Oake Tree standing on ye South Part of ye New Iron Mines Plain & thence near the same course to a chochet Chestnut Tree on ye Hill on ye East side of s'd Plain & thence continueing near the same Course viz:

Northwest & by North by a piperedge tree standing by ye South side of ye Southermost of Pataconke Rivers at the North end of the bounds of s'd Quarter all of which Trees are marked & stones about them & Reported to us by our Committees appointed to Run ye line to be an antiently marked for ye antient bounds & monuments between ye s'd Quarters, shall abide & forever hereafter to be the Dividing Line between that tract of land called Potopauge Quarter & that tract of Land called Oyster River Quarter and we ye above named proprietors of Potopauge Quarter do by these presents for ourselves our heirs successors & assigns covenant grant & agree to & with ye above named Proprietors of Oyster River Quarter that they ye said Proprietors of Oyster River Quarter their heirs successors and assigns shall from henceforth & forever hereafter have hold Possess & injoy all that tract of land lying Westward of ye above agreed Dividing Line & bounding East thereon & so to Extend Westward to Killingworth and west on line Dividing between Killingworth & Saybrook Townships & bounded on Potaconke undivided lands according to their several Rights Proportions & Interests therein without any lett hinderence molestation or Disturbance from us ye s'd Proprietors of Potopauge Quarter or from either or any of us or from any person or persons by from or under us or by our means aid or procurement -

And we ye above named Proprietors of Oyster River Quarter do by these presents for ourselves our heirs successors & assigns Covenant grant & agree to & with ye above named Proprietors of Potopauge Quarter that they ye s'd Proprietors of Potopauge Quarter that they ye s'd Proprietors of Potopague Quarter their heirs successors & assigns shall from henceforth & forever hereafter have hold Possess & Injoy all that tract of Land lying Eastward of the above dividing line & bounded West thereon South or Southerly on that Tract of land called ye Town of Cow Commons North on ye above named Potoconke land & Easterly on Connecticut River (Excepting said Town Commons) according to their severall rights Proportions & Interests therein without any let hinderence molestation or Disturbance from either or any of us or from any Person or persons by from or under us or by our means aid or Procurment.

2'd we above named Proprietors of Petapauge Quarter & ye above named Proprietors of Oyster River Quarter Do by these presents for each of ourselves & our Respective heirs and assigns Covenant Promise agree & oblige ourselves our heirs &c that from time to time & at all times forever hereafter we & each of us shall & will to ye uttermost of our power and abillity Indeavor to prevent all controversies that here after may arise relating to ye Dividing line above agreed upon & the bounds & extent of each of s'd Quarters as above described mentioned & agreed unto & that we and each of us will also Indeavor & be at equal Cast & charge according to our Respective Interest Right or proportions in each Quarter to Defend in the law ye Divident line agreed to as above expressed & the bounds & Extent of each Quarter as above expressed & the bounds & extent of each Quarter as above mentioned against all & every person or persons that shall be any wais or means Indeavor to Defect frustrate hinder or prevent ye continuation of ye s'd line at ye place aboves'd or ye Quiet Injoyment of the above described tracts of land to ye Proprietors thereof before named to the utmost bounds of them as above expressed by any suite or Demand I ye law whatsoever furthermore we the above named Proprietors of each of ye above mentioned Tracts of land or quarters above described to for Each of our selves &c Covenant grant & agree that each and every of ye Proprietors of each Quarter aforesaid that have had land laid out to them according to ye rules votes & agreements of the Properietors of quarter in which s'd lands lyes as appears of Record of said quarter, shall have & hold s'd lands laid out as afores'd in severallty to them and their heirs & assigns forever as a good absolute & indefeasible Estate of Inheritance in fee simple In confirmation of all & every of ye above mentioned articles and particulars we have hereunto set our hands & seals the Day & year above written.

Oyster River Quarter Proprietors

Sam'll JONES (Seal), John CLARK, (Seal), Sam'll STANNARD (Seal)
W'm BUSHNELL (Seal), Jared ELLIOT (Seal), James POST (Seal)
Jno. KIRTLAND (Seal), Sam'll CHAPMAN (Seal), Joseph STANNARD (Seal)
W'm STANNARD (Seal), Abraham POST (Seal)
Caleb CHAPMAN (Seal), Tho's JONES (Seal)
Sam'll WILLARD (Seal), Rob't LAY 2d (Seal)
Stephen CHALKER (Seal), Jared SPENCER (Seal)
Jno STANNARD (Seal), Jno CHAPMAN (Seal)
John CLARK (Seal), Ephraim BUSHNELL (Seal)
Sam'll BUSHNELL (Seal), Joshua BUSHNELL (Seal)
Dan'll GRISWOLD (Seal), Abra'm CHALKER (Seal)
Jonath'n PARKER (Seal), Sam'll CHALKER (Seal)
George GRINNELL (Seal), Henry REEVE (Seal)

Proprietors of Potopauge Quarter

John CLARKE for himself & Benj'n LYNDE
Nathaniel PRATT (Seal)
John PELTON (Seal)
Abra'm NOLT (Seal)
John PRATT (Seal)
Charles WILLIAMS (Seal)
John CLARK (Seal)
Hez: BUCKINGHAM (Seal)
Benj PRATT (Seal)
Thomas STARKIE (Seal)
David PRATT (Seal)
Jabez PRATT (Seal)
Sam'll PRATT (Seal)
Sam'll WILLARD (Seal)
Nathaniel PARKER (a seal)
Hezekiah PRATT (Seal)
Joseph CLARK (Seal)
Sam'll CLARK (Seal)
Jabez DENISON (Seal)
Sam'll LAY (Seal)
John DENISON (Seal)
Daniel DENISON (Seal)
Rob't LAY Sen (Seal)

Major John CLARK for himself & as Attorney to Mr. Benj'n LYNDE Sr Nath'll PRATT Mr. Ab'm NOTT Charles WILLIAMS John PRATT John PELTON Tho's CLARKE David PRATT Benjamin PRATT Jabez PRATT Sam'll PRATT Hez: PRATT Hez: BUCKINGHAM Nath'll PARKER John CLARKE 2d for himself & in behalf of Joseph CLARK & Sam'll CLARK proprietors of Petopauge Quarter & Major John CLARKE Mr. Jared ELLIOTT, Capt Sam'll CHAPMAN, Benj'n WRIGHT, Abrah'm POST Tho's JONES Jared SPENCER John CHAPMAN Eph'm BUSHNELL Joshua BUSHNELL, John KIRTLAND Tho's SPENCER William STANNARD Caleb CHAPMAN Sam'll WILLARD Stephen CHALKER, John STANNARD Jun'r John CLARK Daniel GRISWOLD Sam'll BUSHNELL Jonathan PARKER George GRINNELL Sam'll STANNARD James POST Joseph STANNARD Benj'n CHAPMAN Proprietors of Oyster River Quarter all personally appearing in Say Brook this 22d day of February A.D. 1730/1 acknowledged the above Instrument to be the act & Deed Before me Sam'll LYNDE assistant.

Signed Sealed & Delivered by Mr. Rob't Lay Sen'r Sam'll LAY & John DENISON & Jabez DENISON in presence of

Sam'll LYNDE
Hez BUCKINGHAM

Mr. Robert LAY, Sam'll LAY, John DENISON & Jabez DENISON personally appearing in Saybrook this 12th day of May 1731 acknowledged this Instrument to be their act and deed

Before me Sam'll LYNDE assistant

Received ye 8th day of July 1731 & Entered from ye Original
Sam'll WILLARD Regbister