were complainants in a cause of partition against the parties of he first
part, it was ordered and decreed that the said parties of the first part,
Commissioners as aforesaid, Shall execute to the several parties in the said
decree named, Conveyances for their respective Shears and allotments in said
decree respectively set forth with the conditions and stipulations therein
embraced, and a copy of which said decree has been furnished to the
parties of the first part, hereto and in accordance therewith, said parties
of the first part, do hereby convey and grant unto the said party of the
second part, the following described premises, to wit, Begining at a light-
wood post S.S.P. on the west boundary of R.S. Stoughtons land Sixteen
chains and fifty links(16.50) North of the Southwest corner of said
land, from which post a pine S bears 87 1/2 East 13 links, a pine P, bears
N 74 West 133 links, a pine S bears S 52 1/4 N 88 lks, thence West
thirty seven chains and nineteen links (37.19) to a lightwood post
C.S. on the West boundary of the Section where a pine C bears north
10 East 39 links, and a pine S, bears 62 1/2 E. 94 links, Said line being
the North boundary of the land of Joel B. Smith also begining at the
North West corner of George B. Paynes lot, thence West thirty two chains
and twenty two links to a lightwood post S.C. on the west boundary,
of the section whence bears a pine S. N 77 1/4 E. 20 links, and a pine
C.S. 27 E. 51 links, said line being a part of the south boundary of
the lot of Joel B. Smith, containing one hundred and five acres.
and eighty two hundredths(105. 52/100) which lot also bounds on the
South by the land of George B. Payne, and on the east by the public
Square, and the land of John S. Livingston, and includes the place
where the said Smith now lives, and in accordance of with the
said directions of the said decree of partition this conveyance is expresly
made by the said parties of the first part, and accepted by the said party
of the second part with the following conditions attaching thereto in
perpetuity forever, that is to say, that no whisky shop or other
place for retailing ardent spirits shall ever be kept on said premises
or any part or parcel thereof, and in case of a violation of this condition
the presents upon which the same are held, and the conveyance of any
portion of the premises which shall be so used shall be null and
shall be forfeited to the last vend venders, as laid down as laid upon
the map of the Arredondo, made on the 9th of February in the year
of our Lord 1846 by Messrs Burr, and Washington and Merry
Commissioners, appointed by said Court at the June Term of 1845
as by reference thereto will more fully appear, And whereas, the
the said Commissioners reported the said sale to the said Court, and
the said Court by decree made and entered on the 11th of August
A.D. 1849, approved of the same and confirmed said report,
and whereas, the said Joel B. Smith has faithfully and truly
performed all the orders, terms, stipulations and conditions, which were
by order or decree of said Court, on his part to be performed, and
Whereas, the said Court has directed the said parties of the first
part, Commissioners as aforesaid, to execute to the said Joel
B. Smith this Deed thereof, and the said Joel B. Smith
in manner aforesaid having assigned and conveyed the same to the
said party of the second part, and requested that the said parties of,
the first part as Commissioners as aforesaid, should make this Deed
to the said party of the second part. Now, therefore, know
ye that we the said parties of the first part, by virtue of
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