Source: Berks Co. Page 139, Volume 82
Names mentioned in deed- Daniel Berger, Michael Ney, Valentine Zwiezig, Ephraim Moyer, Henrietta Moyer, Samuel Clay, Samuel McKlee
This indenture made the twenty ninth day of March in the year of our Lord One thousand eight hundred and sixty five between Ephraim Moyer of Upper Tulpehocken Township Berks County and State of Pennsylvania and Henrietta his wife of the one part and Daniel Berger of Upper Tulpehocken Township Berks County and State aforesaid farmer of the second part Witnesseth. That the said parties of the first part for and in consideration of the sum of seven hundred and forty two Dollars and fifty cents lawful money of the United States of America unto them will and truly paid by the said party of the second part or before the sealing and delivery of the presents, the receipt whereof is hereby acknowledged never granted bargained sold, aliened, enfeoffed, released and confirmed, and by these presents do grant, bargain, sell alien enfeoff release and confirm, unto the said party of the second part and to his heirs and assigns all that certain tract or piece of land Situated in Upper Tulpehocken Township Berks County and State of Pennsylvania bounded and described as follows to wit. Beginning containing sixteen acres and ninety two perches strict measure it being part of the same premises of which Michael Ney died intestate and upon which on due application to the Orphans Court of Berks County an order was granted by the said Court where upon the said premises were duly valued and appraised and by the said court adjudged and confirmed unto John Ney son of said deceased. To hold the same to the said John Ney and to his heirs and assigns forever as in and by an exemplification of the records of the said court dated at Reading the third day of November AD one thousand and eight hundred and sixty two and the said John Ney by indenture having date the twenty second day of March 1865 for the consideration therein mentioned and did grant and confirm the same unto Ephraim Moyer party hereto and to his heirs and assigns forever as in and by the said in part recited indenture Relation being thereunto had more fully and at large appears together with all and singular all the improvements ways? Waters water courses rights liberties privileges hereditaments and appurtenances whatsoever there unto belonging or in any wise appertaining and the reversions and remainders rents issues and profits thereof and Pell? The estate rights title interest property claim and demand whatsoever of them the said parties of the first part in law? Equity or otherwise howsoever of in and to the same and every part and parcel thereof. To have and to hold the said tract of land containing sixteen acres and ninety two perches strict measure hereditaments and premises hereby granted or mentioned and intended so to be with the appurtenances unto the said party of the second part his heirs and assigns to and for the only proper use and be hereof the said party of the second part his heirs and assigns forever. Do by these presents covenant grant and agree to and with the said party of the second part his heirs and assigns hereditaments and premises herein above described and granted or mentioned and intended so to be with the appurtenances unto the said party of the second part his heirs and assigns against them the said Ephraim Moyer and heirs against all and every other person or persons whomsoever lawfully claiming or to claim the same or any thereby from and under -----them shall and will warrant and forever defend -----whereof the said parties of the first part have hereunto set their hands and seals dated the day and year first above written
Ephraim Moyer and Henrietta Moyer.
Sealed and Delivered in the presence of
Samuel Clay
Samuel McKlee
Received the day of the date of the above indenture of the above names Daniel Berger the sum of Seven hundred and forty two and 50/100 Dollars in full consideration money therein mentioned.
Witness present at signing-
Samuel Clay
Samuel McKlee
Ephraim Moyer
Berks County SS the Twenty ninth day of March A.D. one thousand eight hundred and sixty five before Samuel McKlee one of the justices of the Peace in and for said county personally appeared the above named Ephraim Moyer and Henrietta his wife and in due form of law acknowledged the above indenture to be their act and deed and desired the same might be recorded as such and the said Henrietta being of full age and separate and ------ from her said husband by me first made unto her did these upon declare and say that she did voluntarily and of her own free will and accord sign seal and as her act and deed deliver the above indenture without any coercion or compulsion of her said husband. Witness my hand and seal this day and year aforesaid-
Samuel McKlee Justice of Peace
Recorded compared and found to agree exactly this 10th day of May AD 1865 Isaac Sauchs R.
Submitted by: Bill.
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