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Deed from Isaac and Elizabeth Hale, 25 August 1830

Source Note

Isaac Hale

21 Mar. 1763–11 Jan. 1839. Farmer, hunter, innkeeper. Born in Waterbury, New Haven Co., Connecticut. Son of Reuben Hale and Diantha Ward. Member of Methodist church. Moved to Wells, Albany Co., New York (later in Rutland Co., Vermont), ca. 1771, to live with...

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and
Elizabeth Lewis Hale

19 Nov. 1767–16 Feb. 1842. Innkeeper. Born in Litchfield Co., Connecticut. Daughter of Nathaniel Lewis and Esther Tuttle. Member of Methodist church. Moved to Wells, Charlotte Co., New York (later in Rutland Co., Vermont), 1776. Married Isaac Hale, 20 Sept...

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, Deed for property in
Harmony Township

Located in northeastern Pennsylvania. Area settled, by 1787. Organized 1809. Population in 1830 about 340. Population in 1840 about 520. Contained Harmony village (no longer in existence). Josiah Stowell hired JS to help look for treasure in area, Oct. 1825...

More Info
, Susquehanna Co., PA, to JS, 25 Aug. 1830; printed form with handwriting of
Jesse Lane

20 Apr. 1800–23 Feb. 1881. Justice of the peace, lumber merchant. Born in Cannonsville (later in Tompkins), Delaware Co., New York. Son of Martin Lane and Sarah Craig. Moved to Harmony (later in Oakland), Susquehanna Co., Pennsylvania, by 1823. Appointed ...

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; signatures of
Isaac Hale

21 Mar. 1763–11 Jan. 1839. Farmer, hunter, innkeeper. Born in Waterbury, New Haven Co., Connecticut. Son of Reuben Hale and Diantha Ward. Member of Methodist church. Moved to Wells, Albany Co., New York (later in Rutland Co., Vermont), ca. 1771, to live with...

View Full Bio
and
Elizabeth Lewis Hale

19 Nov. 1767–16 Feb. 1842. Innkeeper. Born in Litchfield Co., Connecticut. Daughter of Nathaniel Lewis and Esther Tuttle. Member of Methodist church. Moved to Wells, Charlotte Co., New York (later in Rutland Co., Vermont), 1776. Married Isaac Hale, 20 Sept...

View Full Bio
; witnessed by
John Whitmer

27 Aug. 1802–11 July 1878. Farmer, stock raiser, newspaper editor. Born in Pennsylvania. Son of Peter Whitmer Sr. and Mary Musselman. Member of German Reformed Church, Fayette, Seneca Co., New York. Baptized by Oliver Cowdery, June 1829, most likely in Seneca...

View Full Bio
and
Jesse Lane

20 Apr. 1800–23 Feb. 1881. Justice of the peace, lumber merchant. Born in Cannonsville (later in Tompkins), Delaware Co., New York. Son of Martin Lane and Sarah Craig. Moved to Harmony (later in Oakland), Susquehanna Co., Pennsylvania, by 1823. Appointed ...

View Full Bio
; two pages; JS Collection, CHL.
Single leaf measuring 15⅝ × 12½ inches (40 × 32 cm). Printed form filled in with ink. Portions of the paper are ruled with graphite. On the verso, the document bears a docket in the handwriting of
Jesse Lane

20 Apr. 1800–23 Feb. 1881. Justice of the peace, lumber merchant. Born in Cannonsville (later in Tompkins), Delaware Co., New York. Son of Martin Lane and Sarah Craig. Moved to Harmony (later in Oakland), Susquehanna Co., Pennsylvania, by 1823. Appointed ...

View Full Bio
, identifying it as a deed from
Isaac Hale

21 Mar. 1763–11 Jan. 1839. Farmer, hunter, innkeeper. Born in Waterbury, New Haven Co., Connecticut. Son of Reuben Hale and Diantha Ward. Member of Methodist church. Moved to Wells, Albany Co., New York (later in Rutland Co., Vermont), ca. 1771, to live with...

View Full Bio
to JS, and an endorsement in the handwriting of Norman I. Post, recording fees and taxes paid. Seals on recto, likely stamped after signing, and embossed seal on verso with possible image, partially legible: “[SU]SQUEHANNA. CO. [S]EAL.”

Historical Introduction

On 6 April 1829, JS entered into an agreement with his father-in-law,
Isaac Hale

21 Mar. 1763–11 Jan. 1839. Farmer, hunter, innkeeper. Born in Waterbury, New Haven Co., Connecticut. Son of Reuben Hale and Diantha Ward. Member of Methodist church. Moved to Wells, Albany Co., New York (later in Rutland Co., Vermont), ca. 1771, to live with...

View Full Bio
, to purchase for $200 a thirteen-and-a-half-acre portion of the Hales’ property in
Harmony Township

Located in northeastern Pennsylvania. Area settled, by 1787. Organized 1809. Population in 1830 about 340. Population in 1840 about 520. Contained Harmony village (no longer in existence). Josiah Stowell hired JS to help look for treasure in area, Oct. 1825...

More Info
, Pennsylvania, including a frame home, a barn, and other improvements.
1

Agreement with Isaac Hale, 6 Apr. 1829; Knight, Reminiscences, 3; Susquehanna Co., PA, Tax Assessment Records, 1813–1865, Harmony Township, PA, Tax Record for 1829, p. [12]; Tax Record for 1830, p. [12], microfilm 1,927,832, U.S. and Canada Record Collection, FHL.


Comprehensive Works Cited

Knight, Joseph, Sr. Reminiscences, no date. CHL. MS 3470.

U.S. and Canada Record Collection. FHL.

The agreement required JS to pay $114 by 1 May 1829 and the balance of $86 by 1 May 1830. JS paid the first installment but when he missed the second, Hale allowed him to pay interest on the payment and extended the due date, rather than rescinding the contract. By 26 August 1830, the property was transferred to JS.
The deed, featured here, acknowledges that JS made payment in full on 25 August 1830. At the time
Isaac

21 Mar. 1763–11 Jan. 1839. Farmer, hunter, innkeeper. Born in Waterbury, New Haven Co., Connecticut. Son of Reuben Hale and Diantha Ward. Member of Methodist church. Moved to Wells, Albany Co., New York (later in Rutland Co., Vermont), ca. 1771, to live with...

View Full Bio
and
Elizabeth Hale

19 Nov. 1767–16 Feb. 1842. Innkeeper. Born in Litchfield Co., Connecticut. Daughter of Nathaniel Lewis and Esther Tuttle. Member of Methodist church. Moved to Wells, Charlotte Co., New York (later in Rutland Co., Vermont), 1776. Married Isaac Hale, 20 Sept...

View Full Bio
signed the document, two brief additions were inserted, as was a notation acknowledging the insertions. Two witnesses also signed the deed: JS’s friend
John Whitmer

27 Aug. 1802–11 July 1878. Farmer, stock raiser, newspaper editor. Born in Pennsylvania. Son of Peter Whitmer Sr. and Mary Musselman. Member of German Reformed Church, Fayette, Seneca Co., New York. Baptized by Oliver Cowdery, June 1829, most likely in Seneca...

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and Justice of the Peace
Jesse Lane

20 Apr. 1800–23 Feb. 1881. Justice of the peace, lumber merchant. Born in Cannonsville (later in Tompkins), Delaware Co., New York. Son of Martin Lane and Sarah Craig. Moved to Harmony (later in Oakland), Susquehanna Co., Pennsylvania, by 1823. Appointed ...

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. The following day an addendum was added in which Isaac and Elizabeth Hale jointly acknowledged before Lane that the document represented “their act & deed,” and Elizabeth separately affirmed that she signed “of her own free will & not from any fear or Coersion on the part of Her said Husband,” a statement confirming that she received a privy examination separate from her husband as required by
Pennsylvania

Area first settled by Swedish immigrants, 1628. William Penn received grant for territory from King Charles II, 1681, and established British settlement, 1682. Philadelphia was center of government for original thirteen U.S. colonies from time of Revolutionary...

More Info
law in land transactions involving the “estate of the wife.”
2

An Act for the Better Confirmation of the Estates of Persons Holding or Claiming under Feme-Coverts [24 Feb. 1770], Statutes at Large of Pennsylvania, 329–332.


Comprehensive Works Cited

The Statutes at Large of Pennsylvania from 1682 to 1801. Vol. 7, 1765–1770. [Harrisburg, PA]: Wm Stanley Ray, 1900.

This interest was commonly called the wife’s “dower interest.”
Within a few days of concluding this transaction, JS and
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

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departed
Harmony

Located in northeastern Pennsylvania. Area settled, by 1787. Organized 1809. Population in 1830 about 340. Population in 1840 about 520. Contained Harmony village (no longer in existence). Josiah Stowell hired JS to help look for treasure in area, Oct. 1825...

More Info
, never to reside there again. They moved to
Peter Whitmer Sr.

14 Apr. 1773–13 Aug. 1854. Farmer. Born at Harrisburg, Dauphin Co., Pennsylvania. Son of Peter Whitmer and likely Maria Salome. Member of Presbyterian church. Married Mary Musselman, before 1798, in Pennsylvania. Lived in Lebanon Township, Dauphin Co., by...

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’s home in
Fayette

Located in northern part of county between Seneca and Cayuga lakes. Area settled, by 1790. Officially organized as Washington Township, 14 Mar. 1800. Name changed to Fayette, 6 Apr. 1808. Population in 1830 about 3,200. Population in 1840 about 3,700. Significant...

More Info
, New York, staying there until they moved to
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

More Info
in January 1831.
3

JS History, vol. A-1, 53; JS History, vol. A-1, 92–93.


In June 1833, JS and Emma sold the Harmony property for $300 to
Joseph McKune Jr.

16 June 1792–25 Aug. 1861. Farmer. Born in Mamakating, Ulster Co., New York. Son of Joseph McKune, Sr. and Anna Gillett. Married Sarah Clark, 27 Apr. 1811. Moved to Harmony, Susquehanna Co., Pennsylvania, by 1817. Purchased Harmony property from JS and Emma...

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, the neighbor on the east side of the property.
4

Deed to Joseph McKune, 28 June 1833.


Footnotes

  1. [1]

    Agreement with Isaac Hale, 6 Apr. 1829; Knight, Reminiscences, 3; Susquehanna Co., PA, Tax Assessment Records, 1813–1865, Harmony Township, PA, Tax Record for 1829, p. [12]; Tax Record for 1830, p. [12], microfilm 1,927,832, U.S. and Canada Record Collection, FHL.

    Knight, Joseph, Sr. Reminiscences, no date. CHL. MS 3470.

    U.S. and Canada Record Collection. FHL.

  2. [2]

    An Act for the Better Confirmation of the Estates of Persons Holding or Claiming under Feme-Coverts [24 Feb. 1770], Statutes at Large of Pennsylvania, 329–332.

    The Statutes at Large of Pennsylvania from 1682 to 1801. Vol. 7, 1765–1770. [Harrisburg, PA]: Wm Stanley Ray, 1900.

  3. [3]

    JS History, vol. A-1, 53; JS History, vol. A-1, 92–93.

  4. [4]

    Deed to Joseph McKune, 28 June 1833.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation.
*Deed from Isaac and Elizabeth Hale, 25 August 1830
Deed from Isaac and Elizabeth Hale, 25 August 1830, as Recorded in Susquehanna County Deeds

Page [1]

This Indenture,
1

An “indenture” is a deed or agreement executed in two or more copies, originally with edges correspondingly indented.


Made the

Underlining with leading and trailing spaces indicates handwritten portions of this preprinted form. Jesse Lane handwriting begins.


twenty fifth, day of August in the Year of our Lord one thousand eight hundred and thirty Between
Isaac Hale

21 Mar. 1763–11 Jan. 1839. Farmer, hunter, innkeeper. Born in Waterbury, New Haven Co., Connecticut. Son of Reuben Hale and Diantha Ward. Member of Methodist church. Moved to Wells, Albany Co., New York (later in Rutland Co., Vermont), ca. 1771, to live with...

View Full Bio
<​&
Elizabeth [Hale]

19 Nov. 1767–16 Feb. 1842. Innkeeper. Born in Litchfield Co., Connecticut. Daughter of Nathaniel Lewis and Esther Tuttle. Member of Methodist church. Moved to Wells, Charlotte Co., New York (later in Rutland Co., Vermont), 1776. Married Isaac Hale, 20 Sept...

View Full Bio
his wife​>
2

The addition of Elizabeth Hale’s name here, as well as the later date on her affirmation at the end of the document, suggests that Isaac Hale was not initially aware on 25 August that Elizabeth’s permission was needed for the transaction. It is likely that Justice Lane suggested the insertion before he witnessed the execution of the deed so that it conformed to existing legal requirements.


of the township of
Harmony

Located in northeastern Pennsylvania. Area settled, by 1787. Organized 1809. Population in 1830 about 340. Population in 1840 about 520. Contained Harmony village (no longer in existence). Josiah Stowell hired JS to help look for treasure in area, Oct. 1825...

More Info
& County of Susquehanna & State of Pennsylvania of the one Part and Joseph Smith, J,r, of the other Part of the place aforesaid
WITNESSETH, That the said Partys of the first part for and in consideration of the sum of two Hundred Dollars to him them in hand paid by the said Party of the second part at and before the ensealing and delivery hereof, the receipt and payment whereof is hereby acknowledged, have granted bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents, doth grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the said Party of the second part and to his heirs and assigns all that certain Piece o[r] parcel of Land situate and lying in the Township of
Harmony

Located in northeastern Pennsylvania. Area settled, by 1787. Organized 1809. Population in 1830 about 340. Population in 1840 about 520. Contained Harmony village (no longer in existence). Josiah Stowell hired JS to help look for treasure in area, Oct. 1825...

More Info
and County of Susquehanna and state aforesaid, and being a part of a lot of Land in the warrentee name of George Ruper, and a part of the farm on which the said
Isaac Hale

21 Mar. 1763–11 Jan. 1839. Farmer, hunter, innkeeper. Born in Waterbury, New Haven Co., Connecticut. Son of Reuben Hale and Diantha Ward. Member of Methodist church. Moved to Wells, Albany Co., New York (later in Rutland Co., Vermont), ca. 1771, to live with...

View Full Bio
now lives on, Butted & bounded as follows, Beginning at Post on the <​North​> bank of the Susquehanna River. thence North half a degree East <​West​> one hundred and Eleven Perches to a Post thence North eighty nine and half degrees East twenty perches to a Post thence South half a Degree East one hundred and nineteen Perches to a Sugar Maple tree on the bank of Said River, thence down the Said River as it winds & turns to the Place of Beginning, Containing in the whole thirteen acres & Eighty Perches be the same more or less—
3

As a measure of length, a “perch” is equal to sixteen and one-half feet. As a measure of area, a “rod” is equal to 272¼ square feet. Eighty rods is one-half acre, so the deed is indicating the Hales transferred thirteen and one-half acres. The total acreage may have actually exceeded fourteen acres.


Bounded on the East by Lands owned by
Joseph McKune

16 June 1792–25 Aug. 1861. Farmer. Born in Mamakating, Ulster Co., New York. Son of Joseph McKune, Sr. and Anna Gillett. Married Sarah Clark, 27 Apr. 1811. Moved to Harmony, Susquehanna Co., Pennsylvania, by 1817. Purchased Harmony property from JS and Emma...

View Full Bio
& on the North & west by Lands of
Isaac Hale

21 Mar. 1763–11 Jan. 1839. Farmer, hunter, innkeeper. Born in Waterbury, New Haven Co., Connecticut. Son of Reuben Hale and Diantha Ward. Member of Methodist church. Moved to Wells, Albany Co., New York (later in Rutland Co., Vermont), ca. 1771, to live with...

View Full Bio
—
TOGETHER, with all and singular the houses, out-houses, edifices and buildings thereon erected and being—and all ways, water-courses, woods, fences, gardens, minerals, rights, liberties, privileges, advantages, hereditaments and appurtenances thereunto belonging, or any wise appertaining—and the reversions and remainders, rents, issues and profits thereof—and also all the estate, right, title, interest, use, trust, property, possession, claim and demand whatsoever of him the said
Party of the first part

21 Mar. 1763–11 Jan. 1839. Farmer, hunter, innkeeper. Born in Waterbury, New Haven Co., Connecticut. Son of Reuben Hale and Diantha Ward. Member of Methodist church. Moved to Wells, Albany Co., New York (later in Rutland Co., Vermont), ca. 1771, to live with...

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whether
in law or equity, or otherwise howsoever, of, in, to, or out of the same—TO HAVE AND TO HOLD the said Piece or parcel of Land with the hereditaments and premises, hereby granted and released, or mentioned or intended so to be, with the appurtenances, unto the said Parties of the second part his heirs and assigns, to the only proper use, benefit and behoof, of the said Party his heirs and assigns forever And the said party<​s​> of the first for himself his heirs, executors, and administrators, do covenant, promise, grant and agree to, and with said party of the Second part his heirs and assigns, by these presents, that, he the said party of the second part and his heirs, the said hereby granted premisses or tracts of Land with the hereditaments and premises hereby granted and released, or mentioned or intended so to be, with the appurtenances unto the said Joseph Smith Jr. their heirs and assigns, against them the said Party<​s​> of the first and his heirs, and against all and every other person or persons whomsoever lawfully claiming or to claim of in or out of the Said Premisses shall and will warrant and forever defend, by these presents.—IN WITNESS WHEREOF, the said Party<​s​> to these presents has hereunto set his Hand and Seal.—Dated the day and year first above written.

Signatures of Isaac and Elizabeth Hale.


Isaac Hale

21 Mar. 1763–11 Jan. 1839. Farmer, hunter, innkeeper. Born in Waterbury, New Haven Co., Connecticut. Son of Reuben Hale and Diantha Ward. Member of Methodist church. Moved to Wells, Albany Co., New York (later in Rutland Co., Vermont), ca. 1771, to live with...

View Full Bio
LS
4

TEXT: Stamped seal, “LS” (locus sigilli, the place of the seal). By 1830, Pennsylvania no longer required actual wax seals on deeds but still required this or a similar mark to be either printed or inscribed on the document next to the signatures.


Elizabeth Hale

19 Nov. 1767–16 Feb. 1842. Innkeeper. Born in Litchfield Co., Connecticut. Daughter of Nathaniel Lewis and Esther Tuttle. Member of Methodist church. Moved to Wells, Charlotte Co., New York (later in Rutland Co., Vermont), 1776. Married Isaac Hale, 20 Sept...

View Full Bio
LS
5

TEXT: Stamped seal, “LS”.


Sealed and Delivered)
in the presence of)
<​The words “&
Elizabeth

19 Nov. 1767–16 Feb. 1842. Innkeeper. Born in Litchfield Co., Connecticut. Daughter of Nathaniel Lewis and Esther Tuttle. Member of Methodist church. Moved to Wells, Charlotte Co., New York (later in Rutland Co., Vermont), 1776. Married Isaac Hale, 20 Sept...

View Full Bio
his wife” intertined [interlined] & the word North interlined​>

Insertion in the handwriting of Jesse Lane. The insertion identifies words that were added after the initial completion of the document.


Signatures of John Whitmer and Jesse Lane.


John Whitmer

27 Aug. 1802–11 July 1878. Farmer, stock raiser, newspaper editor. Born in Pennsylvania. Son of Peter Whitmer Sr. and Mary Musselman. Member of German Reformed Church, Fayette, Seneca Co., New York. Baptized by Oliver Cowdery, June 1829, most likely in Seneca...

View Full Bio
Jesse Lane

20 Apr. 1800–23 Feb. 1881. Justice of the peace, lumber merchant. Born in Cannonsville (later in Tompkins), Delaware Co., New York. Son of Martin Lane and Sarah Craig. Moved to Harmony (later in Oakland), Susquehanna Co., Pennsylvania, by 1823. Appointed ...

View Full Bio
6

TEXT: Printed form ends.


[p. [1]]
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Source Note

Document Transcript

Page [1]

Document Information

Related Case Documents
Editorial Title
Deed from Isaac and Elizabeth Hale, 25 August 1830
ID #
2209
Total Pages
2
Print Volume Location
JSP, D1:167–171
Handwriting on This Page
  • Printed text
  • Jesse Lane
  • Isaac Hale
  • Elizabeth Lewis Hale
  • John Whitmer

Footnotes

  1. [1]

    An “indenture” is a deed or agreement executed in two or more copies, originally with edges correspondingly indented.

  2. new scribe logo

    Underlining with leading and trailing spaces indicates handwritten portions of this preprinted form. Jesse Lane handwriting begins.

  3. [2]

    The addition of Elizabeth Hale’s name here, as well as the later date on her affirmation at the end of the document, suggests that Isaac Hale was not initially aware on 25 August that Elizabeth’s permission was needed for the transaction. It is likely that Justice Lane suggested the insertion before he witnessed the execution of the deed so that it conformed to existing legal requirements.

  4. [3]

    As a measure of length, a “perch” is equal to sixteen and one-half feet. As a measure of area, a “rod” is equal to 272¼ square feet. Eighty rods is one-half acre, so the deed is indicating the Hales transferred thirteen and one-half acres. The total acreage may have actually exceeded fourteen acres.

  5. new scribe logo

    Signatures of Isaac and Elizabeth Hale.

  6. [4]

    TEXT: Stamped seal, “LS” (locus sigilli, the place of the seal). By 1830, Pennsylvania no longer required actual wax seals on deeds but still required this or a similar mark to be either printed or inscribed on the document next to the signatures.

  7. [5]

    TEXT: Stamped seal, “LS”.

  8. new scribe logo

    Insertion in the handwriting of Jesse Lane. The insertion identifies words that were added after the initial completion of the document.

  9. new scribe logo

    Signatures of John Whitmer and Jesse Lane.

  10. [6]

    TEXT: Printed form ends.

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