Deed of Indenture of Joseph Meader

This indenture made the 14th day of April in the year of Our Lord 1737 between Joseph Meader of the Island of Nantucket in New England, Yeoman, of the one part, and Nicholas  Meader of Durham in the province of New Hampshire In New England, Yeoman, of the other part,

Witnesseth that whereas certain lands lying in Durham aforesaid with the appurtenances and privileges thereunto belonging lately the inheritance of John  Meader, late of Durham aforesaid, deceased (the father of the above-named Joseph and Nicholas  Meader), lawfully descended and came to them the said Joseph and Nicholas Meader, by reason whereof the said Joseph and Nicholas  Meader into the said lands with the privileges and appurtenances entered and were thereof seized as tenants in common in fee, and they being thereof so seized and possessed did agree to make an equal division and partition of the aforesaid lands, its privileges and appurtenances in two equal parts or moities, to the intent and purpose that the said Joseph  Meader and Nicholas Meader and their several and respective heirs and assigns may have, hold, use, occupy» possess and quietly enjoy their said equal parts and moieties of the said lands and privileges to them and their respective heirs and assigns forever,

It is covenanted, concluded and agrees by and between the said parties to these presents in manner and form following:

First, the said Joseph  Meader for himself, his heirs, executors and administrators, do covenant and agree to and with the said Nicholas Meader, his heirs and assigns, that he, the said Nicholas  Meader, his heirs and assigns shall from henceforth have, hold, and peaceably enjoy in severally to his and their own proper use and behoof one moiety or half part of all the lands and privileges aforesaid (that is to say) the dwelling house wherein the said Nicholas now liveth that he built himself, and the one half of the barn that was their father's, the land divided as by the draft on this sheet of paper will more particularly appear; the said Nicholas Meader to have in severally as his moiety the lots numbered 1, 2, 3 as numbered in the draft, and the land contained in them, three divisions to be for planting and mowing to him the said Nicholas  Meader, his heirs and assigns forever. Also the said Nicholas  Meader to have the half of that land without the six divisions in the said draft to him, his heirs and assigns in severally, but lie in common for feeding and pasturing with the above said Joseph Meader, his heirs and assigns, each to feed or pasture his part with equal number of cattle* And also the said Nicholas  Meader, his heirs and assigns for fall and spring feeding and pasturing shall at such times in the spring of the year before planting and in the fall of the year after corn and hay harvest, suffer the said Joseph Meader, his heirs and assigns to put into pasture and feed in the six numbered lots an equal number of cattle and no more than the said Nicholas, his heirs and assigns do. And also that they, their heirs and assigns shall at all times have liberty for carting and hauling from the water side up to their several houses or fields through the lots numbered 3, 5 and 6, and the highway that lies between the lots of the said Nicholas and Joseph and at the northerly end of the said Nicholas' lot to lie for the use of them, their heirs and assigns forever, to go out into the Country Road, and the said Nicholas Meder nor his heirs shall from henceforth claim or demand any right, title, use or possession in or to said moiety hereby set off in any other wise than here expressed or in any part thereof, but that the said Nicholas Meder and his heirs and assigns shall at all time and times here after from all actions, rights, titles and demands thereof or thereunto be utterly excluded and forever debarred by these presents And the said Nicholas Meder for himself, his heirs and assigns does covenant and agree to and with him the said Joseph Meder, his heirs and assigns, that he, the said Joseph Meder, his heirs and assigns, shall from henceforth have, hold, and peaceably enjoy in severally to him the said Joseph Meder, his heirs and assigns, forever to his and their own proper use and behoof the other moiety or half part of all the land and privileges afore- said, that is to say the dwelling house where the aforesaid John  Meader lived, the one half of the said John Meader's barn and the land divided as on this sheet of paper will more plainly appear, the said Joseph Meder to have in severally as his moiety the lots numbered 4, 5 and 6, as numbered in the draft, and the land contained in them, three divisions, to be for planting and mowing to him, the said Joseph Meder, his heirs and assigns forever. Also the said Joseph Meder to have half of that land without the six divisions in the said draft to him, his heirs and assigns forever, in severally but to lie in common for feeding and pasturing with the abovesaid Nicholas Meder, his heirs and assigns, each to feed and pasture his part with equal numbers of cattle. And also the said Joseph Meder, his heirs and assigns for spring and fall feeding and pasturing shall at such times in the spring of the year before planting, and in the fall of the year after corn and hay harvest, suffer the said Nicholas Meder, his heirs and assigns to put into pasture and feed in the six numbered lots an equal number of cattle and no more than the said Joseph, his heirs and assigns do. And also they, their heirs and assigns shall at all times have liberty for carting and hauling from the water side up to their several houses or fields through the lots numbered 3, 5 and 6, and that the highway abovesaid that lies between their lots and so out to the Country Road to lie for the use of them, their heirs and assigns forever.

And the said Joseph Meder nor his heirs shall from henceforth claim or demand any right, title, use or possession in or to the said moiety hereby set off in any other wise than herein is mentioned or in any part thereof, but that the said Joseph Meder and his heirs and assigns shall at all times hereafter from ail actions, rights, title and demands thereof or thereunto be utterly excluded and forever debarred by these presents,

In witness whereof parties to these presents have hereunto set their hands and seals the day and year above written –

Signed, sealed and delivered in presence of Joseph Meader

Niclas Meader

Isaac Hanson

John Hanson

James Jeffry

[Deeds of New Hampshire, vol. 22, p, 399]