This Indenture made the Twenty Eighth day of December in the year of our Lord one thousand Eight Hundred and forty Six, Between Mary Burton, of the City of Wilmington in NewCastle County and State of Delaware, and Thomas Elbert of Brandywine Hundred, in said County and State, Executors of the last will and Testament of Joseph Burton, late of Wilmington aforesaid, decd (all Colored persons) of the first part, and John Morris, of the said  City of Wilmington Colored man, of the Second part: Whereas, by a certain Indenture, or Deed of Conveyance, bearing date the ___ day of  March A.D. 1818, and duly executed by William Gerley and which is to be recorded in the office for Recording Deeds &c in and for NewCastle County aforesaid in Book ___ Vol ___ page ___ as by reference thereunto shall appear, the above named Joseph Burton, had become lawfully seized in fee of and in a certain Lot or piece of Land situate and lying in the City of Wilmington aforesaid, being bounded by Washington (late pasture) Street, by Hanover, (now Sixth) Street, and by Land now or late of, Thomas Spackman, or James Hall, and being So thereof Seized the Said Joseph Burton departed this life having first made his last will and Testament in writing wherein and whereby he did among other things, direct that his Tenements or Houses and Lot or lots, of Land, above mentioned to be Sold, by his Executors, at their discretion as to mode, time, terms, and conditions of Sale, and authorized them to execute and acknowledge, a good and Sufficient Deed of conveyance, of the same with the appurtenances, to be purchased thereof in fee simple as by reference to the said will, which bears date the 18th day of June last past, and remains of Record, in the registers office, in and for the Said County, will fully appear, Now this Indenture Witnesseth that the Said Mary Burton, and Thomas Elbert, Executors aforesaid, for and in consideration, of the sum of Three Hundred Dollars, to them well and Sufficiently paid, by the said, John Morris, at or before, the sealing and delivery of these presents, the receipt of which sum is hereby acknowledged, and there of the said John Morris, his heirs, Executors and Administrators, fully acquitted and forever discharged Have granted, bargained, Sold,  aliened, enfeoffed, released and confirmed, and by these presents, under the authority of the aforesaid will do grant, bargain, sell, alien, enfeoff, release and confirm unto the said John Morris, and to his heirs and assigns, all that the said Lot or piece of Land above particularly mentioned, the boundaries whereof are described as follows to wit: Beginning at the intersection of the Westerly side of Washington Street, and the Line of the Southerly side of Sixth Street, the present Lawful width of said Streets being forty nine feet each, thence along Said Side, of Sixth, Street, (here unopressed?) North fifty eight degrees west, Ninety nine feet to a corner Stake, thence Southwardly, by a Line Parallel with Washington Street Twenty feet, to a corner Stae, thence Eastwardly, by a Line parallel with the one first described, ninety nine feet, to the westerly side of Washington Street aforesaid, and thence thereby North thirty five degrees East, Twenty feet to the place of Beginning, containing within said Bounds, Nineteen Hundred and Eighty feet of Land be the same more or less, Together with the Houses, Buildings and Improvements thereon, and the ways waters, watercourses, and all and singular other the rights, liberties, privileges, hereditaments and appurtenances, Whatsoever to the said, particularly described Lot or piece of Land belonging or in anywise appertaining, and the reversions and remainders rents issues and profits thereof, and also all the estate, right, title, interest, property claim, and demand whatsoever, of the above (deceased)  Joseph E Burton, in Law equity, or otherwise heresoever, of in to or out of the Said, Land and premises, at or immediately before, the time of his decease, To have and to hold the said Lot or piece of Land Houses Buildings improvements, hereditaments and premises hereby granted, and conveyed, or mentioned so t be, with the appurtanances, unto the above named part of the Second part, his heirs and assigns, To and for the only proper use and behoof of the said Party of the second part, John Morris, his heirs and assigns forever and the said parties of the first part, so severally but not jointly hereby covenant, promise and agree, for themselves and their respective heirs, Executors and Administrators, that they shall and will warrant the said bargained Lot of Land and premises unto the Said party of the Second part, his heirs and assigns, and forever defend the same and every part thereof, against them the said parties of the first part and their heirs, and against all and every other person and persons whomsoever Lawfully claiming, or to claim by, from or under them, or any of them, and that they the said Mary Burton, and Thomas Elbert, have not done or committed any act matter or thing whatsoever, whereby the premises, hereby granted, is are, or shall or may be impeached, charge or incumbered, in title charge, estate or Otherwise heresoever, In Witness Whereof, the said parties of the first part have hereunto set their hands and Seals dated as first above written Mary Burton {seal} Thomas Elbert {seal}

Sealed and delivered in the presence of us D C Wilson Jonas Pusay  

Received the day of the date of this Indenture, from the party of the Second part named therein, full Satisfaction, for the consideration therein Specified $300. Mary Burton Thomas Elbert

Witness at Signing Jonas Pusey      

State of Delaware S.S. Be it remembered that on the Twenty Eighth day of December Anno Domini Eighteen Hundred and forty Six, Before the subscriber a Notary &c Public of Said State duly commissioned and residing in Wilmington, Mary Burton, and Thomas Albert named in this Indenture personally appeared and acknowledged said Indenture to be their act and deed; respectively, and desired that it might be recorded the Testimony whereof I have hereunto set my hand, and Notarial Seal, the day and year aforesaid. {seal} Jonas Pusey, Not. Ril?

Received for Record August Twenty third A.D. one thousand Eight Hundred and forty Seven. attest C.D. Blemey, Recorder

Delaware, U.S., Land Records, 1677-1947, New Castle County, Roll 055, Image 101, Page 192. Ancestry: https://www.ancestry.com/discoveryui-content/view/564237:9044?tid=194514904&pid=302611271642&queryid=515d9331-cf50-42a4-8a83-3b79a3537cb5&_phsrc=sLP39126&_phstart=successSource

Transcribed 28 Oct 2024 by Nancy Maliwesky