'[ Home ] [ Books Published ] [ Calendar 2008 ] [ Cemetery ] [ Church Information ] [ Deed ] [ Family Stories ] [ Guestbook 2007 ] [ Map ] [ Newspaper Articles ] [ Officers ] [ Picnic Letter ] [ Scrapbook ] [ Societies ] [ Withington Cemetery ]

transcribed by N. Painter 2/16/2004

Presentation of Deed

Filed May 3rd 1854 Recorded May 22nd 1854

This deed made and entered into this sixteenth day of February eighteen hundred and fifty four by and between Patrick McBrearty and Ann McBrearty his wife of Franklin County Missouri part of the first part and Peter Richard Kenrick arch bishop of St. Louis City Missouri part of the second part witnessed :  That the said party of the first part in consideration of one dollar to us paid by the said party of the second part, the receipt of which is hereby acknowledged, do by these present grant bargain and sell convey and confirm unto the said party of the second part for the use and  benefit of a Catholic Congregation, to be used as a site for a church presbytery schoolhouse and other buildings required by the Catholic congregation of that place. To have and to hold the same being the lands hereinafter described in trust for the uses and benefits aforesaid to wit:  part of the south west quarter of the south east quarter of section one in township forty two range two east and described as follows - beginning at the southeast corner of the aforesaid tract of land from which a hickory 10 in dia bears S 73°   E 213 links distant, and and ash 13 in dia bears N 65 W 38°  links distant, run N 30 minutes E 7 chains 76 links set a post from which a hickory 13 in diam bears west 8 links distant, and a white oak 30 in diam bears N 55°  E 67 links distant, thence run N85° 30" W 9 chains and 3 links set a post, from which a red oak 18 in diam bears S 38°  14 links distant, and a white oak 18 in diam bears N 601/2 W 56 links distant thence runs S 30 minutes W 7 chains and 76 links, set a post from which a post oak 15 in diam bears east 34 links distant, thence run S 80°  30 minutes E 9 chains and 3 links to the beginning containing seven acres. The said tract of land having been entered in the name of Ann McBrearty. To have and to hold the same together with all the rights, immunities, privileges and appurtenances to the same belonging to the said party of the second part, and to his heirs and assigns forever, the said parties of the first part hereby covenanting that they and their heirs, executors and administrator, shall and will warrant and defend the title to the premises to the said party of the second part and to his heirs and assigns forever, against the lawful claims of all persons for the use and benefits aforesaid. In witness whereof the said parties of the first part have here unto set their hands and seals the day and year first above written -------------------------------------  --------------------------------------------------------------

State of Missouri }es  Be it remembered, that on this 16th day of February County of Franklin. AD eighteen hundred and fifty four before me the undersigned Clerk of the Circuit Court of the County aforesaid ^ (personally appeared) Patrick McBrearty and Ann McBrearty his wife who personally known to me to be the same persons whose names are subscribed to the foregoing instrument of writing as parties thereto, and they acknowledged the same to be their act and deed for the purposes therein mentioned. She the said Ann McBrearty being by me first made acquainted with the nature and contents of said deed did on an examination separate and apart from her said husband acknowledged and declare that she executed the same freely voluntarily and without the undue influence fear or compulsion of her said husband. Witness my hand and seal of  said Circuit Court at office in Union Mo. day and year last aforesaid.