Item 39: Notice from unknown (Removed to Legal Box #1), 1771 April 13

Item — Box: 12, Folder: 79

Staff Only

Notice from unknown, (Removed to Legal Box #1), 1771 April 13

Dates

Created: 1771 April 13

Disclaimer for Name and Subject Authorities

Some of the name and subject authority tags have been assigned by educated guessing and estimation of persons and subjects by region, age, profession, and familial relationships. They have been thoroughly researched by using primary and secondary sources available digitally, and named in each description, or in some cases linked directly to the person tag.

Access:

All series and subseries within this collection are open for research, with the exception of a few files within the Academia series that are restricted. The Academia series contains financial and sensitive institutional records from Wilkes College, and financial report records from Princeton University that will remain restricted for 80 years upon creation.

Extent

1 items

Language of Materials

From the Collection: English

Additional Description

Type of Material:

Notice

Condition Note:

Measurements:

12 ⅞ in. x 7 ⅞ in

Description:

The following item depicts an unsigned copy of a contract concerning James Tilgham, Joseph Shippen, and John Lukens, dated 1771 April 13. The contract states that these men are pursuing a purchase of lands previously surveyed by the Surveyor General, unnamed. These men are said to hold one part of the debt together, and the other is held by a fourth man, Charles Stuart. The contract does not explain how much land they are purchasing, but it does note that the lands are in Easton. It does detail the financial expectations and plans for paying the debt in over a series of payments, with one third being due in nine months from the date of signing. The contract stipulates that the men will receive a patent and mortgage on the property after paying this first third as a means of security. Interest and rent, the remainder of the sum appears to be due in two years time from the date of sale. A quit rent has been stipulated by the contract, valued at one penny sterling on the acre. The contract states that the men are expected to settle and improve their lots as immediately as possible. To improve a lot during these sales meant to construct a house, and possibly erect a garden or purchase livestock. The contract is assigned to the men themselves, but it does allow for the transfer of the lands to assignees, similar to a person’s administrator of an estate or an heir in cases of deeds. If the debt is not paid in full by the end of these stipulated times, it is considered null and void. An accompanying archivist slip explains the within agreements: “Statement of Sale of Land in Wyoming, April 13, 1771, at Easton. Buyers are ordered to improve their lots which are to be mortgaged to insure payment of purchase price. The notice states that if the settler failed to improve the plot of land, the consequence would be the land being taken away and provided to another individual. Interest of “Quit rent in 2 years from thence to be one penny sterling per acre.”

Location:

Easton, PA

Transcription:

Agreement made 13.th April 1771 at Easton— Between James Tilgham (sic) [Tilghman], Joseph Shippin (sic) [Shippen], & John Lukens esq[ui]r[e] empower[e]d by the Governor to Sell the Proprietary lands at Wyoming of one part & Charles Stuart & others, purchasers on the other part-Witnesses That the said James Tilgham (sic), Joseph Shippin (sic) & John Lukins (sic) in Behalf of the The Hon[orabl]e Proprietors have agreed to sell to the said Purchasers the several lotts (sic) [lots] of Land mention[e]d in the annexed list of names & numbers, which numbers refer to a survey of the Proprietarys (sic) [Proprietaries] Lands lodged in the Surveyor Gen[era]ls office at the rates in the said list men lion[e]d(?) upon the following terms to be complied with by the Purchaser that is to say, One third of the Purchase money to be paid in nine months from the date hereof & upon the payment of the said one third, the purchaser to have a Patent and to Mortgage the premises for the security of the payment of the residence of the Purchase Money, Interest & Quit rent, in two years from thence, the quit rent to be one penny Sterling p[e]r acre & to commence from the first of march next, And the Purchasers on their parts are to Proceed immediately to the settlement & Improvement of their lotts (sic) and each to keep at his own expence (sic) [expense] One able Bodied man at least constantly upon his lott (sic) for the Improvement and Defence of the Same and if any Purchaser shall hereafter and before Confirmation of his respective lot—Assign the same to another, such Assignee shall fullfill fulfil the above engagements, otherwise not have his title confirm[e]d And it is the intent & meaning of these presents that upon Failure of complying with the terms of this contract by the Purchasers or their Assigns. the same shall become Null and Void, and the Proprietors shall be at Liberty to Dispose of the said Lands to any other person or persons In Witness &c [etcetera]