Deed book GWC 87, page 51

The following is the complete text of the Harvey-McFetrich deed. Since so much of a deed is formulaic, legal language, the language unique to this deed has been highlighted in red.

 

Isaac Harvey Junior et ux.

To

John H. McFetrich. 

This indenture made the Twenty eighth day of January in the year of our Lord One thousand eight hundred and fifty one Between Isaac Harvey Junior of the City of Philadelphia Gentleman and Agnes L. his wife of the one part and John H. McFetrich of the District of Moyamensing in the County of Philadelphia Plumber of the other part Witnesseth that the said Isaac Harvey Junior and Agnes L. his wife as well for and in consideration of the sum of one dollar lawful money unto them at or before the sealing and delivery hereof by the said John H. McFetrich well and truly paid the receipt whereof is hereby acknowledged as of the payment of the yearly rent and taxes and performance of the covenants and agreements herein after mentioned which on the part of the said John H. McFetrich his heirs and assigns is and are to be paid and performed Have granted bargained sold aliened enfeoffed released and confirmed and by these presents Do grant bargain sell alien enfoeff release and confirm unto the said John H. McFetrich his heirs and assigns A Certain lot or piece of Ground situate on the west side of a certain forty feet wide street called Erie Street at the distance of Sixty five feet Southward from the south side of Fitzwater Street in the District (late Township) of Moyamensing in the County of Philadelphia.  Containing in front or breadth on the said Erie street Sixteen feet and extending westward between parallel lines with the said Fitzwater Street in length or depth Fifty four feet to a Certain Twelve feet wide alley laid out and opened by the said Isaac Harvey Junior for the use and accommodation of this and his other ground bounding thereon extending from the said Fitzwater street to Catharine street parallel with and at the distance of eighty five feet Eastward from the East side of Eleventh street.  Bounded northward partly by the rear end of a lot of ground intended to be this day granted by the said Isaac Harvey Junior to John C. Hunter on ground rent partly by the rear end of another lot of ground intended to be this day granted by the said Isaac Harvey Junior to William Wright on ground rent and partly by a Two feet six inches wide alley extending into and from the said Twelve feet wide alley.  Eastward by the said Erie street Southward by a lot of ground intended to be this day granted to the said William Wright on ground rent and westward by the said Twelve feet wide alley.  (Being part and parcel of a large lot of ground which Daniel Fitler Esquire High Sheriff of the City and County of Philadelphia by Deed Poll under his hand and seal bearing date the Nineteenth day of June Anno Domini One thousand eight hundred and forty one duly executed and acknowledged in open District Court held at Philadelphia for the said City and County and entered among the records thereof in Book H. page 238ff granted and conveyed (inter alia) unto the said Isaac Harvey Junior in fee Subject to a certain Yearly Ground Rent of Three Hundred and fifty Dollars payable half yearly unto the said Isaac Harvey Junior his heirs and assigns as therein mentioned whereupon the said yearly ground rent merged.  The said recited large lot having been seized taken in execution and sold by the virtue of legal proceedings issued out of the said District Court as the property of John McCrea at the suit of the said Isaac Harvey Junior As by reference to the said recited Deed Poll will fully appear)  Together with the free use right liberty and privilege of the said Twelve feet wide alley as and for a passage way and water course and for the purpose of laying logs or pipes therein to introduce the Schuylkill or other water into the hereby granted premises in common with the said Isaac Harvey Junior his heirs and assigns owners tenants and occupiers of the other lots of ground bounding thereon and entitled thereto at all times hereafter forever  And Together with all and singular the ways streets alleys assages waters water courses rights liberties privileges hereditaments and appurtenances whatsoever unto the said hereby granted premises belonging or in any wise appertaining and the reversions and remainders thereof To have and to hold the said described lot or piece of ground hereditaments and premises hereby granted with the appurtenances unto the said John H. McFetrich his heirs and assigns to the only proper use and behoof of the said John H. McFetrich his heirs and assigns for ever Yielding and paying therefore and thereout unto the said Isaac Harvey Junior his heirs and assigns the yearly rent or sum of Twenty five Dollars lawful silver money of the United States of America each dollar weighing seventeen pennyweights and six grains at least in equal half yearly payments on the first day of the months of January and July in every year hereafter for ever without any deduction defalcation or abatement for any taxes charges or assessments whatsoever to be assessed as well on the said hereby granted lot as on the yearly rent hereby and thereout reserved the first half yearly payment thereof to be made on the first day of July One thousand eight hundred and fifty one And on default of paying the said yearly rent on the days and times and in manner aforesaid it shall and may be lawful for the said Isaac Harvey Junior his heirs and assigns to enter into and upon the said hereby granted premises or any part thereof and into the Buildings thereon to be erected and to distrain for the said yearly rent so in arrear and unpaid and to proceed with and sell such distrained goods and effects according to the usual course of distresses for rent charges.  But if sufficient distress cannot be found upon the said hereby granted premises to satisfy the said yearly rent in arrear and the charges of levying the same then and in such case it shall and may be lawful for the said Isaac Harvey Junior his heirs and assigns into and upon the said hereby granted lot and all improvements wholly to re-enter and the same to have again repossess and enjoy and as in his and their first and former estate and title in the same and as though this Indenture had never been made  And the said John H. McFetrich for himself his heirs executors administrators and assigns doth covenant promise and agree to and with the said Isaac Harvey Junior his heirs and assigns by these presents that he the said John H. McFetrich his heirs and assigns shall and will well and truly pay or cause to be paid to the said Isaac Harvey Junior his heirs and assigns the aforesaid yearly rent or sum of Twenty five Dollars lawful silver money aforesaid on the days and times herein before mentioned and appointed for payment thereof without any deduction defalacation or abatement for any taxes charges or assessments whatsoever it being the express agreement of the said parties that the said John H. McFetrich his heirs and assigns shall pay all taxes whatsoever that shall hereafter be laid levied or assessed by virtue of any laws whatever as well on the said hereby granted lot and buildings thereon to be erected as on the said yearly rent now charged thereon  Also that he the said John H. McFetrich his heirs or assigns shall and will within one year from the date hereof erect and build on the said hereby granted lot a good and substantial Brick dwelling house three stories high with two rooms on a floor the front to be good pressed brick with marble water table and ashlars and woodern Eaves of sufficient value to secure the said yearly rent hereby reserved.    Provided always nevertheless That if the said John H. McFetrich his heirs or assigns shall and do at any time after the erection and completion of said Building pay or cause to be paid to the said Isaac Harvey Junior his heirs or assigns the sum of Four hundred and sixteen dollars and sixty seven cents lawful money as aforesaid and the arrearages of the said yearly rent to the time of such payment then the same shall for ever thereafter cease and be extinguished and the covenant for payment thereof shall become void and then the said Isaac Harvey Junior his heirs or assigns shall and will at the proper costs and charges in the law release and discharge of the said yearly rent hereby reserved to the said John H. McFetrich his heirs and assigns for ever any thing hereinbefore to the contrary thereof notwithstanding  And the said Isaac Harvey Junior for himself his heirs executors and administrators doth covenant promise and agree to and with the said John H. McFetrich his heirs and assigns by these presents that he the said John H. McFetrich his heirs and assigns paying the said yearly rent or extinguishing the same and taxes and performing the covenants and agreements aforesaid shall and may at all times hereafter for ever freely peaceably and quietly have hold and enjoy all and singular the premises hereby granted with the appurtenances and received and take the rents and profits thereof without any molestation interruption or eviction of him the said Isaac Harvey Junior or his heirs or of any other person or persons whomsoever lawfully claiming or to claim by from or under him them or any of them or by or with his their or any of their act means consent or procurement  In Witness Whereof the said parties to these presents have hereunto interchangeably set their hands and seals the day and year first above written

 

Sealed and Delivered                                      Isaac Harvey Junior

In the presence of us

John Thompson                                               Agnes S. Harvey

Josiah S. Harvey

                                                                        John H. McFetrich

 

On the Third day of February Anno Domini 1851 before me the subscriber one of the Alderman of the City of Philadelphia personally appeared the above named Isaac Harvey Junior and Agnes L. his wife and John H. McFetrich and in due form of law acknowledged the above Indenture to be their and each of their act and deed and desired the same might be recorded as such.  The said Agnes L. being of full age and separate and apart from her said husband by me thereon privately examined and the full contents of the above Indenture being by me first made known unto her did thereupon declare and say that she did voluntarily and of her own free will and accord sign seal and as her act and deed deliver the above indenture Deed or conveyance without any coercion or compulsion of her said husband.  Witness my hand and seal the day and year aforesaid

 

                                                                        John Thompson

Recorded February 24th, 1851                                                  Ald