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scryn

need help with understanding old deed

scryn
16 years ago

Ok, I posted this elsewhere but I also know many of you here would have some experience with this.

I am trying to figure out when my house was built and am having problems understanding the last two deeds.

the oldest deed(1864) is transferring the land from a Julia Foster to a John Barker for 600 dollars. There is no mention of a mortgage or house. There are 34 acres, so I am not sure if the house was there then or not. Then in 1871 there appears to be a public auction for the land and house from Joshua Allison to John Barker (again!). The plot of land IS the same. I double checked. At first I was thinking maybe John Barker was getting another piece of land near by, but that doesn't seem to be the case.

An exert from the 1871 deed is as follows (question marks mean I couldn't read the word or it may not be correct)

(sorry this is long)

This indenture, made this 6th day of April in the year of our lord one thousand eight hundred and seventy one (1871). Between J. A. Eastman Referee (?) in the action herin after mentioned of Rochester NY of the first band and John Barker of the same place of the second part(?) whereas ? a special term of the Supreme Court of New York held at Rochester on the 2oth day of February one thousand eight hundred and seventy one it was among other things ordered adjudged and decreed by the said bank in a certain action then finding in the said ? between Johns Mason Plaintiff and Jane Allison, Margaret M. Allison, Charles Allsion , Laura M. Allison, ? Allison, Leo Allison, Sarah Allison, Frank Balcomb, Charles Balcomb, John Barker and Urana B. Barker defendents.

That all and singular the premises described in a mortgage ? by Joshua Allison and wife to the State of Connecticut and recorded in Monroe County Clerks Office in Liber 39 at page 99 and being the same premises mentioned in the complaint in said action and in said judgement described or so much there of as might be sufficient to raise the amount due to the plaintiff for principle interest and costs in said action and which might be sold separately without material injury to the parties interested be sold at public auction according to the course and practice of said ? by or ? direction of the said J. A. Eastman who was appointed a Referee in said action and to whom it was referred by the said order and judgment of the said count among other things to make such sale. That the said sale be made in the county where the said mortgaged premises or the greater part thereof are situated. That the said referee give public notice of the time and place of such sale according to the course and practice of said court and that any of the parties in said action might become a purchaser or puchasies of the said mortgaged premise or such part or parts thereof or shall be sold a good and sufficient deed or deeds of conveyance for the same.

And whereas the said Referee in ? of the order and judgment of the said court did on the sixth day of April one thousand eight hundred and seventy one sell at public auction at the front door of the court house in Rochester NY at ten oclock in the ? to John Barker the premises in the said order and judgement mentioned due notice of the time and place of such sale being first given agreeable to the said order at which sale the premises herinafter described were ? off to the said party of the second part for the sum of seven hundred dollars that being the highest sum bidden for the same.

I don't understand what is happening here. could it be that the house was built on the land and then when John Barker purchased the land he didn't get the house and then he had to get the house through a public auction?

I know a lot of you have experience looking at the deeds so I am hoping someone can help me out!

If a Mortgage is mentioned does that mean that there is a house on the land? the 1864 deed does not mention any mortgage, but one is mentioned in the 1871 deed.

Maps that I have do place J. allison on that plot of land in 1858 and a census from 1860 shows the allison family there in a house. An 1872 map shows a Bottner living on the land. Barker lives down the street. In 1872 Barker then sells the land to J. cooper for 6000 dollars (the house MUST be there)

It appears that J. Barker never lived on the premises but he had a house near by. could he have bought the land for the purpose of profit only??

Sorry this is so long (and confusing!) I finally feel that maybe I am close to figuring this all out. I just need a little help!!

thanks so much!

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