Re: Meaning of this deed
Barbara McLeod
[ Anyone have a good answer to this one? - Mod ]
> Why would Michael ZIMMERMAN pay twenty six pounds+ to the
> Commonwealth of PA for a tract of land on which John POWELL had obtained a
> warrant and lived on the land for quite a number of years?
>
> John POWELL obtained a warrant in 1769 for this tract of land. and in
> 1788 made out a deed for the land to Michael ZIMMERMAN and Jacob BYERS.
>
> I don't understand why the price of the land was paid to the
> Commonwealth of PA rather than to John POWELL.
>
> TIA
>
> Barbara McLeod <1brow...@gmail.com>
>
> Patent P 17 Page 470
>
> The Commonwealth of Pennsylvania. To all to whom
> these presents shall come, Greeting. Know ye That in Consideration of
> the Monies paid by sum of twenty six pounds, two shillings & six pence
> lawful
> Money now paid by Michael Zimmerman unto the Receiver Generals Office of
> this Commonwealth there is granted by the said Commonwealth unto the said
> Michael Zimmerman a certain tract of land called ?Zeeland? Situate in
> Pitt
> Township Westmoreland County. Beginning at a Walnut then by High barren
> hills, North twenty two degrees West twenty two perches to a
> Chestnut, North fifty four degrees East forty three perches to a Sugar,
> North thirty six
> degrees East sixty seven perches to a Walnut, North sixty degrees East
> thirty five perches to an Oak, South eighty six degrees East sixteen
> perches to a Sugar
> tree, North fifty five degrees East fifty three perches to a white oak,
> North twenty nine degrees West sixty five perches to a Spanish oak, North
> seventy three perches &
> an half to a white oak, North forty seven degrees East forty five perches
> to a black oak, North
> sixty seven degrees East sixty perches to a white oak, South fifty nine
> degrees east twenty nine
> perches to a buttonwood, South nine degrees East twelve perches to a white
> oak, East forty one perches
> to a Hickory, North seventy two degrees East thirty six perches to a
> buttonwood, South thirty seven degrees West two hundred and forty perches
> to a post, South fifty four degrees West two hundred & ten perches to the
> Beginning, Containing One hundred fifty three Acres
> two thirds & allowance of six perCent for Roads & Cetera. Which said Tract
> was surveyed
> in pursuance of an Warrant Application No. 3362 dated 13th June 1769
> granted to John Powell and Whereas the said John Powell by Deed dated 11th
> July 1788 Conveyed
> the same to the said tract of land to Michael Zimmerman & Jacob Byers And
> the said
> Jacob Byers and the said Jacob Byers and by Deed dated 4th September 1789
> Conveyed all the right in the said described Tract of land to the said
> Michael Zimmerman
> to whom a Warrant of Acceptance Issued 9th November 1795 with the
> Appointed
> monies To have and to hold the said Tract or parcel of Land with the
> Appointed
> names unto the said Michael Zimmerman and his heirs to the use of him the
> said
> Michael Zimmerman his heirs and Assigns forever free and Clear of all
> Restrictions &
> Reservations As to Mines, Royalties, Quit rents or otherwise excepting and
> reserving
> only the fifth part of all Gold and Silver Ore for the use of this
> Commonwealth
> to be delivered at the pits mouth Clear of all Charges. In Witness whereof
> Thomas Mifflin Governor
> of the said Commonwealth hath hereto Set his hand & Caused the State Seal
> to be hereunto affixed the second
> day of Decemb in the year if our Lord One thousand Seven hundred & ninety
> five & of the Commonwealth the twentieth
> Attest James Trimble Tho Mifflin {SEAL}
> Deputy Secy
> Inrolled the 12th December 1795
>
> Barbara McLeod <1brow...@gmail.com>
JYoun...@aol.com
I think to be certain of the answer we'd need to see the original
plat map for the warranted land, the subsequent patent, and each
successive deed to know what restrictions (especially mineral
rights) may have been retained with each transaction. I would
hazard a guess that the payment to the Commonwealth could have been
to remove some previously held restriction on mineral rights but
we'd need to see the previous transactions to know for certain.
Joan
Patricia Kantzer
Maybe John Powell had not kept up with the taxes on the land and
they needed to be paid.
Pat
"Patricia Kantzer" <mk...@roadrunner.com>
singhals
Back taxes not paid by Powell? Fee for recording the deed?
But, are we sure 26pounds and change was a reasonable sum for 150
acres?
Cheryl
singhals <sing...@erols.com>
singhals
> I think to be certain of the answer we'd need to see the original
> plat map for the warranted land, the subsequent patent, and each
> successive deed to know what restrictions (especially mineral
> rights) may have been retained with each transaction. I would
> hazard a guess that the payment to the Commonwealth could have been
> to remove some previously held restriction on mineral rights but
> we'd need to see the previous transactions to know for certain.
>
> Joan <JYoun...@aol.com>
Without wishing to argue about it UTC, but ... are we sure the
concept of Mineral Rights existed in Pennsylvania in 1788? If yes,
fine, I've learned something today; if no, is there a way to become
sure?
Cheryl
singhals <sing...@erols.com>
JYoun...@aol.com
Cheryl-
The original posted deed seems to say they DID at least as pertains to THIS
parcel of land:
> Jacob Byers and the said Jacob Byers and by Deed dated 4th September 1789
> Conveyed all the right in the said described Tract of land to the said
> Michael Zimmerman
> to whom a Warrant of Acceptance Issued 9th November 1795 with the
> Appointed
> monies To have and to hold the said Tract or parcel of Land with the
> Appointed
> names unto the said Michael Zimmerman and his heirs to the use of him the
> said
> Michael Zimmerman his heirs and Assigns forever free and Clear of all
> Restrictions &
> Reservations As to Mines, Royalties, Quit rents or otherwise excepting and
> reserving
> only the fifth part of all Gold and Silver Ore for the use of this
> Commonwealth
> to be delivered at the pits mouth Clear of all Charges. In Witness whereof
> Thomas Mifflin Governor
> of the said Commonwealth hath hereto Set his hand & Caused the State Seal
> to be hereunto affixed the second
> day of Decemb in the year if our Lord One thousand Seven hundred & ninety
> five & of the Commonwealth the twentieth
> Attest James Trimble Tho Mifflin {SEAL}
> Deputy Secy
> Inrolled the 12th December 1795
Joan
singhals
Ahhh, well, then. I *did* learn something today!
Cheryl
JYoun...@aol.com wrote:
singhals <sing...@erols.com>