Court Records of Schuylkill County Regarding Hopkin Thomas

Record No. 2, dated 1/3/1845

This record is an agreement setting forth the ownership interests of the acquirers of the tracts identified in Record No. 1. The acquirers were two different partnerships, one consisting of Porter and Chapin and the other of Vancleve & Co. See Record No. 1 for details regarding the parties involved.

Following is a transcription of the court record. Images of the original is available by clicking on Page 1 and on Page 2.

356

Whereas James M. Porter and Solon Chapin under the firm of Porter and Chapin issued an attachment in the Court of Common Pleas of Schuylkill County against The Morrris Canal and Banking Company for a debt due them. And whereas Aaron H. Vancleve, Hopkin Thomas, Jacob Thomas, and William R. McKean under the firm of Vancleve & Co. also issued an attachment in the same court against The Morrris Canal and Banking Company for a debt due them, both attachments being issued and served at the same time and judgments being also rendered upon the same at the same time. And whereas in pursuance of proofs execution of and out of the said Court of Common Pleas of Schuylkill County two certain tracts of land being contiguous to each in Rush Township in Schuylkill County adjoining land of Martin Diehl, Andrew Grove, William McAdams, William Man, Henry Winters and others, one of them patented on a warrant to Paul Bauldy, containing 400-3/4 acres, and the other patented on a warrant to Jacob Young containing 401-3/4 with the appurtenances were seized and taken in execution and sold by the Sheriff of Schuylkill County to the plaintiffs in the said two attachments for the sum of $1300. I Jeremiah Reed, Esquire, Sheriff of Schuylkill County by Deed Poll dated the Fourth day of December Anno Domini 1844 and duly acknowledged and entered on the records of the said Court of Common Pleas of Schuylkill County on the 12^th day of December A. D. 1844 did convey and unknown the said two tracts of land with the appurtenances unto the said James M. Porter, Solon Chapin, Aaron H. Vancleve, Hopkin Thomas, Jacob Thomas, and William R. McKean and to their heirs and assigns forever. And whereas at the time of the purchase of the said premises and of the making of the deed poll it was understood and agreed by and between the purchasers that the said premises should be purchased and held by the said plaintiffs in the said two attachments according to the amount of their respective claims against the said “The Morris Canal and Banking Company” that is to say that the interst of the said James M. Porter and Solon Chapin thertein should be in proportion which the amount of their claims against the Morris Canal and Banking Company have to the aggregated amount of the claims in the two attachments and that the interest of the said Aaron H. Vancleve, Hopkin Thomas, Jacob Thomas, and William R. McKean should be in the prpotion which the amount of their claims have to the aggregate amount in the two attachments. And whereas the respective interests of the parties therein do not appear in the said Deed Poll. Therefore know all men by these presents that the Vendus and parties named in the said Deed Poll do hereby declare and make known that the said premises were purchased and are held and to be held by them and their heirs in the proportion herein before stated anything in the Deed Poll contained to the contrary thereof anywise not withstanding. In witness whereof they have hereunto set their hands and seal this third day of January A.D. 1845.

Sealed and delivered in the presence of us by James M. Porter and Solon Chapin.

Sealed and delivered in the presence of us.

Carbon County c/h. On the eleventh day of January 1845 personally appeared before the subscriber a Justice of the Peace in and for the County of Carbon A. H. Vancleve, W. R. McKean and Hopkin Thomas and acknowledged the fire going declaration to be their act and deed and desired the same might be recorded as such according to the law. Given under my hand and seal at Beaver Meadow the day and year aforesaid.

Northampton County c/h. On the 17^th day of January A.D. 1845 before the Subscriber One of the Justices of the Peace in and for the said county personally came James M. Porter and Solon Chapin and severally acknowledged the within instrument of writing to be their act and deed of each of them and desire that the same might be recorded as such according to law, Witness my hand and seal.

Recorded and examined January 21^st 1845.

357

This Indenture made the fifteenth day of January in the Year of Our Lord 1845 between James M. Porter of the Borough of Easton in the County of Northampton and Commonwealth of Pennsylvania Attorney and Counselor at Law of the first part and Solon Chapin of the same place Bridge Builder of the other part witnesseth that the same James M. Porter for and in consideration of the sum of $400 lawful money of the United States of America unto him was and truly paid by the said Solon Chapin at or before this hearing and delivery of these presents the receipt whereof is hereby acknowledged hath granted, bargained and sold aliened, enfeoffed, released, conveyed and confirmed and by these presents doth grant bargain, sell, alien, enfeoff, release, convey and confirm unto the said Solon Chapin his heirs and assigns. All his the said James M. Porter’s undivided share, unknown, interest in all those two tracts of land lying contiguous to each other situated in Rush Township Schuylkill County adjoining lands of Martin Diehl, Andrew Grove, William MacAdders, William Mars, Henry Winter and others. One of them patented on a warrant to Paul Bauldy containing 400-3/4 acres and the other patented on a warrant to Jacob Yohner containing 401-3/4 with the appurtenances being the same premises which Jeremiah Reed Esquire sheriff of the County of Schuylkill aforesaid his deed poll duly executed and acknowledged in open Court of Common Pleas of said county dated the 4^th day of December A.D. 1844, conveyed to the said James M. Porter, the said Solon Chapin, A. Vancleve, Hopkin Thomas, Jacob Thomas, and William R. McKean their heirs and assigns in unknown as unknown the Estate of The Morris Canal and Banking Company and the said James M. Porter, Solon Chapin, Aaron H. Vancleve, Hopkin Thomas, Jacob Thomas, and William R. McKean.

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Rev. October 2010