Land Records - 1741 to 1750
Extracted from
Copy of the old records of the town of Duxbury, Mass.,
from 1642 to 1770 : made in the year 1892.
Plymouth: Avery & Doten, book and job printers, 1893,

[Transcribed by Dave Swerdfeger]

1741-2. Mch 1. Record No. 5. Page 35. An agreement between Thomas Phillips Sen., and Thomas Phillips Jr, both of Duxborrough, in the County of Plymouth, in the Province of Massachusetts Bay in New England, housewrights, and their said agreement is as followeth, That whereas we the said Thomas Phillips Sen., and Thomas Phillips Jr. are owners and proprietors of the one hundred and sixty fifth lot in number, of upland in the second division of the Commons which belonged to the townships of Duxborrough and Pembrook in the County and Province above said, and therefore, that each of us might know his own right and respective proportion, have agreed upon a division, and have run the dividing line, which is as follows, viz. Begining at a stake and stones standing on the Northwesterly side of a cart way in the line on the Easterly side of said lot, bearing North 8 degrees and three quarters Westerly, about 52 rods from a black birch tree marked, which is the South easterly corner bound of said lot, and from thence South 85 degrees West, to a large red oak tree marked, standing on the side of a hill near the meadow ground of Pine brook, and from said red oak tree South, 75 degrees West, down across the meadow ground, till it comes to Pine brook, and our agreement is that all the upland and meadow of said lot that lyeth on the Northerly side of said dividing line, shall be the proper part or right of the said Thomas Phillips Senor with all and singular, the profits, privileges and appurtenanCes there unto belonging, to belong to the said Thomas Phillips Senor his heirs, executor, administrators and assigns, forever, and all that part of the upland and meadow of said lot that lyeth on the Southerly side of said dividing line, shall he the proper part or right of the said Thomas Phillips Jr, with all and singular, the profits, privileges and appurtenances there unto belonging, to belong and appertain to the said Thomas Phillips Jr, his heirs and assigns forever, and now we do mutually agree that the above said line thus run bounded and described as is above said, shall be a full and firm settlement and division for each of us, our heirs etc forever. In witness whereof we have here unto set our hands and seals the 14th day of Janry A. D. 1741-2. THOMAS PHILLIPS SEN. (s) THOMAS PHILLIPS JR. (s) in presence of JOHN WADSWORTH JR. URIAH WADSWORTH. 1743-4. Mch 19. Record No. 5. Page 39. Where as we, the subscribers, to wit, John Wadsworth and Saml. Weston, select men of the town of Duxborrough and Gersham Bradford and Robert Bradford select men of the town of Kingston, being met together to run the line, and renew and settle the bounds between the towns of Duxborrough and Kingston, have run the said line, and settled the said bounds, as followeth, viz. We began at a heap of stones which was a corner bound between the towns of Plymouth and Duxborrough, which is a little to the Northward of Mill brook, and about thirty six rods to the Northwestward of the dwelling house of Mr. Hezekiah Bradford, and from thence running North 72 3/4 West, to Pine brook to the North east corner of the farm of Elnathan Fish, deceased, within two rods of the SouthWest of a pine tree, which we marked, standing upon the upland on the Northeasterly side of Pine brook within about two or three rods of the said brook, and then we came back to the heap of stones where we first began, and thence we run South 26 degrees East about two hundred rods, to a stake and stones standing on the upland, about a rod above the Tussock meadow swamp, so called, and so into the Tussock brook, and thence by said brook down stream into Jones' River, and thence by said river, into the Salt bay, and the above said line run and bounds settled as above said we do mutually agree and determine shall remain to be the settled bounds between the towns of Duxborrough and Kingston, forever. In confirmation whereof we have here unto set our hands the Nineteenth day of March in the year of our Lord God One thousand Seven hundred and forty three or forty four. 1743-4. JOHN WADSWORTH. GERSHAM BRADFORD. Saml. WESTON. ROB. BRADFORD. Signed in presence of BARNABAS TURLS. ABIGAIL BISBE. 1743. Mch 5. Record No. 5. Page 40. To all people to whom these may come, Know ye, Whereas the bounds between the salt meadow formerly in the possession of Colonel John Alden and Deacon Benjamin Alden in Duxborrough, deceased, said meadow lying on the Mill river in Duxborrough, on one side, and by the upland now in possession of Joshua Delanoe and Bereah Delanoe, on the other side, said bounds were then agreed upon by said Colonel Alden and Deacon Alden, but by neglect as yet to record it no record is made of their division, and agreeably to their intent, we hereby establish said bounds, and they are as followeth viz. Begining by the Northwest corner of Joshua Delanoe's upland by said meadow, on the East side of the cart way leading into the meadow, and from said corner it runneth about North west by the way into said meadow, unto the North end of a small Island called the cart Island, to a stone in the ground, which is now, one Bound of Jonathan Petersons marsh, and from said stone, it runneth North 20 degrees East, unto a heap of stones on the gravel at the West point of a long Island near Mill river, and from said heap of stones, running Easterly, on the South side of said Island, and by said Island unto the Mill river at the East end thereof, and all the meadow lying on the Easterly side of said lines, are the meadows of Samuel Alden, and on the West are the heirs of Deacon Alden, which above bounds we ratify and confirm by virtue of these presents, and order the same to be recorded in Duxborrough town records, and are to remain so forever, for us our heirs and assigns. In witness where of we have hereunto set our hands and seals, this Fifth day of March, One thousand Seven hundred and Forty three 1743. BRIGGS ALDEN, Attorney. DAVID ALDEN. JONATILAN PETERSON. PELEG SPRAGUE. JOSHUA DELANO. 1743. July 4. Record No. 5. Page 41. July 4th 1743. Where as we the subscribers, selectmen of the town of Duxborrough, being requested by the inhabitants of the North end of said town, to lay out a high way through said North part of said town, have laid out a high way as followeth viz. Begining at the country road in the range between Edward Arnold Esq and Deacon James Arnold where a path called the cord wood path, comes into said country road, the said cord wood path is the high way till it comes to two oak trees marked, about 12 rods to the Westward of the lane by Hazadiah Delanoe's, and from said trees it goes about South west to a red oak tree marked, thence to a pine tree marked, standing in the range between Mr. Caleb Samson and Jesse Delanoe, and from said pine tree in a range between said Samson and said Delanoe to the old path, and then in said path to Lint. Thomas's fence, then by said fence, to two oak trees standing in Crooked lane, thence as the path goes, to the land of Benjamin Southworth, and then across Southworth's land to the Westward of his barn, and to the Eastward of his house, to the land of Samuel Barker, then across said Barker's land to a black oak tree formerly marked, standing near a causway, called Joseph Peterson's causway, and thence over said causway, as the path now goeth, till it comes to Mr. Isaac Simons's fence, and through said fence up to the Easterly end of his house, thence between the said house and orchard, as the path now goeth, to the land of Joseph Peterson, and in said path as it now goeth, to the land of Samuel Barker, then through said Barker's land, as the path now goeth, to the land of Mr. John Thomas and Gideon Thomas, then in a range between said John and Gideon to the land of Thomas Ford, thence in the range between said Gideon Thomas, and said Thomas Ford, till it comes to a red oak tree standing iu said range, and thence, turning a little Northward into the path to the South river, and over said river as the way goes, to the Westerly side of the hill by Isaac Kein's saw mill, then over said saw mill dam to said Kein's field fence, and through said field where the way formerly went, and then as the path DOW goes, to the land of Hezekiah Kein and William Howland, then in a range between said Keins and said Howland, to the Westerly corner of said Howland's land, thence on a straight line to a stake and stones by Robert Howland's field, thence through said field to a white pine, near the former path, thence in said path to Pembrook line. The above said way is to go through gates where the proprietors of the land shall have occasion to set them. GAMALIEL BRADFORD. SAMUEL WESTON. 1719. Mar 1. Record No. 5. Page 44. Know all men by these presents. That whereas there was a certain tract of land sold by the Town of Duxborrough unto Lint. Samuel Bradford deceased, Mr. Thomas Loring deceased, Elisha Wadsworth and Jonathan Brewster, all of Duxborrough aforesaid of the County of Plymouth in New England, lying between the head of the Tussock brook, and a swamp called the dead swamp, bounded as by record may appear, where of it remains that a division be made, and whereas the moety or one half of said land doth now of right belong unto the Heirs of the said Thomas Loring, lie having in his life time, purchased said Brewster's right, and the other half doth now belong unto Elisha Wadsworth and the Heirs of the above said Samuel Bradford in equal proportion, we whose names are under written, having obtained a surveyor, have agreed upon a division, and drawn our lots as followeth, viz. In the first place, we divided the same into two lots, having had respect as well to quality as to the quantity of each lot, the Easter most lot containing about 44 acres, fell to the Heirs of Mr. Thomas Loring and is bounded as followeth, viz. Begining at a stake with stones about it, standing near the range of the heads of the old lots, about 4 poles Northerly of the old way to Duxborrough, and from thence ranging North 25 degrees Westerly about 144 poles to two maples marked, growing out of one root, standing the edge of the dead swamp so called, and from thence on the Northerly side is bound by said swamp, and on the Easterly side by the heads of the old lots, till it comes to the stake first mentioned. The other half we divided into two parts having respect as well to the quality as the quantity of each lot, the Eastermost lot adjoining to the afore said Loring's land, being 23 poles in breadth fell by lot to Elisha Wadsworth, and is bounded at the Northerly end next to the afore said Dead Swamp, with a pine tree marked, and from thence ranging South 25 degrees Easterly, about 166 poles to a pine tree marked, standing near the range of the heads of the said old lots, the Westermost lot fell by lot to the heirs of the said Samuel Bradford, being 23 poles in breadth, and is bounded Easterly by said Wadsworth's lot, and Westerly by the range between Plymouth and Duxborrough. Now the above said tract of land being thus divided, we whose names are here under written, viz, Elisha Wadsworth, Hannah Bradford Executrix to the will of Mr. Samuel Bradford dec., and guardian for the Heirs of said land, and Deborah Loring administratrix to the estate of the said Thomas Loring, and guardian to the Heirs of said land, do each of us mutually agree and hereby firmly oblige ourselves, and our heirs, that the above said division shall be a full settlement between each of us, our heirs and assigns for ever. In witness where of we have set our hands and seals this 1st day of March in the year of our Lord 1719. ELISHA WADSWORTH. (s) HANNAH BRADFORD. (s) DEBORAH LORING. (s) Signed and sealed in presence of JOHN BRIGGS. JOSEPH SOUTHWORTH. 1746. Mch. 16.Record No. 5. Page 47. An agreement between Joseph Freeman of Duxborrough in the County of Plymouth, in the province of Massachusetts, in New England, yeoman, on the one part, and James Partridge of Duxborrough afore said, yeoman, of the other part. Witnesseth, that whereas the said Joseph Freeman and James Partridge have agreed to run a line, and for to settle the bounds between the farm where on the said Joseph Freeman now dwells, and the farm that the said James Partridge now owns, and is in possession of, adjoining to said Freeman's on the easterly side of said Freeman's and therefor that each of us, might know this line of partition, or division between us, we have mutually agreed to run said line, and to settle the bounds as followeth, viz. Begining at a large white oak tree marked standing in the edge of the upland by the South Easterly side of the swamp in a line of Mr. Samuel Seabury, and was the former reputed corner bound between us at the lower, or South Easterly ends of our said farms, and from thence North 38 degrees and a half West, along by stakes we set up, and by marked trees or running paralel with the line of Mr. Samuel Seabury on the other side of said Partridge's farm,. till it comes to a stake and stones standing on the North 'Westerly side of the Country road, and from thence North 51 degrees East, till it comes to a stake and stones, standing and bearing North 39 degrees West, 20 rods from a stake and stones standing on the side of a hill, which is the 'Westerly corner bounds of the homestead Farm of the said Samuel Seabury, and we do agree that the land lying on the Westerly side of said line of partition, shall be the lawful right or part of the said Joseph Freeman, and all that land lying on the Easterly side of said line of partition,. shall be the lawful right or part of the said James Partridge, and we the said Joseph Freeman and James Partridge, do mutually agree that the above said line thus run, bounded and described, as aforesaid shall be the full, and firm, and staked line, and bounds of partitions or division for each of us, our heirs, executors, administrators and assigns forever. In witness whereof we the said Joseph Freeman and James Partridge, have here unto set our hands. and seals the sxiteenth day of March in the year of our Lord God One thousand Seven hundred and Forty Six or Seven. 1746-7. JOSEPH FREEMAN (s) JAMES PARTRIDGE (s) Signed sealed and delivered in presence of EDEN. BARTLET. Benj. LORING. 1746. Jany 21. Record No. 5. Page 47. Articles of agreement made and mutually agreed upon the Twenty Second day of January, One thousand Seven hundred and Forty Six—by and amongst us, namely, John Southworth, George Partridge, Joshua Delanoe and Eleazer Harlow, all of Duxborrough, in the County of Plymouth, in New England &c: Where as, the said Southworth is at present, the sole owner of a Grist Mill together with stream and lands that are or may be flowed, and all the appurtenances thereto belonging in said Duxhorrough, called Southworth's Mill &e, and whereas said Mill is become very poor. and unfit for service, Now he the said Southworth being freely willing that the said stream may be forever used in the service of a Grist Mlil in the first place, and afterwards to improve the water coming from her by any sort of Mill or water works, the owners think most proper to erect below said Grist Mill, and said Southworth hath set forth oue half acre of upland between Mendom's Spring and the Mill rocks so called, a house lot to accommodate a Mill, or ills with all privilege of damming, digging, flowing ways, to and from said Mills together with the whole of the new Grist Mill &c, and for the whole of the Old Mill privilege of pond and ponding, dam and damming, and necessary ways, and the half acre of land with all appurtenances that's needful, the whole is agreed to be worth One hundred and Sixty pounds, old tenor, and we are to improve by flowing down stream if we please, about two rods below Mendom's spring, so that there may be a way to pass at all times for Southworth's creatures below the pond to his land on either side of the stream, and not be stopped by any of our works &c forever, of which said premises said Southworth hath given said Partridge, Delano and Harlow, a deed of three quarters of the whole, and is one quarter for himself. Now, we the subscribers, agree forthwith to build a new Grist Mill, and a Fulling Mill, and to set the Grist Mill near the new clam, and the Fulling Mill a little below Menclom's Spring, and that they shall be both built and completed, fit !or service, within eight months next after the above date, each man is to own, and carry on one quarter part of said costs arising thereon, and when they are done, that then the whole charge on them shall be computed and equally paid by us or our heirs &c. We also agree that neither of the owners at any time forever shall sell his part unto any person, until they have first given the other owners the preference of sale, and on their not complying to give as much as another, then shall the sale be free. We further mutually agree that at any time here after if we or our heirs shall think it proper to build a house on said half acre of land, the better to accommodate said mills, that then the major part of said owners agreeing there to, shall build such house or housing as they judge most convenient to accommodate said affairs, and at the cost of all the owners, and the same with all Mills and such like works shall be improved in, or by such a lay or hiring out of the same as shall be judged most beneficial by the major part of the owners, from time to time and at all times forever. Also, we further hereby bind and oblige ourselves, our heirs and assigns, each unto each other, that we will truly and faithfully observe, keep and perform each and every of the articles included in this paper, and we mutually agree that who ever of us said parties, do not faithfully comply with and fulfill their respective promises here in agreed on, shall forfeit and pay unto the other owners the sum of £50 in money on the Province of Massachusetts Bay in New England so often as the same is not by any of us our heirs or assigns complyed with, forever. And we also further agree. that this instrument shall be recorded on Duxborrough Town records, and there to remain forever, so that all whom it may concern may know where to find the same, and in testimony here of, we the said parties have here unto set our hands and seals the day and year as mentioned on other side. JOHN SOUTHWORTH. GEORGE PARTRIDGE. JOSHUA DELANOE. ELEAZOR HARLOW. in presence of ABISHAI SOULE. ABIGAIL SOULE. 1747-48. Feb. 25. Record N. 5. Page 51. A Mutual Agreement between, Benjamin Prior Jr. of Duxborrough, in the Province of Massachusetts Bay, County of Plymouth, in New England, tanner, of the one part, and Nathaniel Delanoe of Duxborrough afore said, laborer, of the other, part, Witnesseth that Whereas, we, the said Benjamin Prior and Nathaniel Delamoe are owners and proprietors of one half part of the Eighth lot in number, in the upland of the Common of, the second division which belonged to the Townships of Duxhorrough and Pembrook, and therefore that each might know his own respective right and proportion, have agreed to divide the same, and to run the line and to settle the bounds between us, which is as follows. Begining at a stake and stones standing in a line of Jethro Sprague, bearing North 40 degrees West, 72 rods in said Sprague's line from the road, Northwesterly side.of the country road, which is the Southeasterly corner bound of said Jethro Sprague, and from the first mentioned stake and stones, North 50 degrees East, across said lot to a stake and stones, standing by the side of a hill in the line of William Brewster, and our agreement is, that all that part of the lot that lyeth on the North westerly side of the above said line, shall be the proper part or right of the said Benjamin Prior, and his heirs and assigns, forever, and all that part of the lot that lyeth on the Southerly side of the aforesaid line, shall be the proper part or right of the said Nathaniel Delanoe, and for his heirs and assigns forever. And we do agree, that the above said line thus run, and bounded, and described as above said, shall be a full and firm settlement, and division, and partition for each of us, our heirs and executors, administrators and assigns, forever. In witness whereof we the said Benjamin Prior, and Nathaniel Delanoe have here unto set our hands and seals the Twenty fifth day of February, in the year of Our Lord One thousand Seven hundred and forty Seven or Eight 1747-48. BENJAMIN PRIOR. (s) NATHANIEL DELANOE. (s) Signed sealed and dl'd in presence of JOHN DELANOR. ABIATHER ALDEN. 1750. Mch. 18. Record No. 5. Page 114. Know all men by these presents, That I Isaac Simmons of Duxborrough, in the County of Plymouth, in the Province of Massachusetts Bay, in New England, yeoman, am holden, and stand firmly bound and obliged unto Phillip Delanoe of Duxborrough, in the County and Province above said, yeoman and treasurer in the full and just sum of one thousand pounds current lawful silver money of New England, to be paid to the said Phillip Delanoe, or to his successors in said office, to and for the use of said town of Duxborrough above said to the which payment well and truly to be made, I bind myself my heirs, executors, and administrators firmly by these presents. Sealed with my seal, dated the 18th of March 1750. The conditions of this present obligation is such, that when as Priscilla Simmons, a person non campa mentis and sister to the above bounded Isaac Simmons, and is in no ways capable to support and maintain herself, and she is an inhabitant of the town of Duxborrough, said town is obliged by law to support and maintain said Priscilla, and now the above bounden Isaac Simmons, he and heirs and administrators, or any of them, shall well and truly support and maintain the said Priscilla, both in sickness and in health, and free the said town from any charge, cost, or trouble that hath or shall arise toward the maintainance of said Priscilla, during her natural life, then this present obligation shall be void, other wise to remain in full force and virtue. ISAAC SIMAIONS. (s) JOHN THOMAS JR., REUBEN CARVER, Witnesses. 1750. Jany 5. Record No 5. Page 115. I, the subscriber for the consideration of the sum of Ten Pounds Six Shillings and Eight pence, lawful money to me in hand paid by the select men of Duxborrough, do bind myself, my heirs, executors and administrators to free the town of Duxborrough from any charge or trouble they shall be at or may arise by any support of David Boardman a poor Negro man, for the space of five years next ensuing from the date here of till five years is expired, exclusive of Doctoring if any shall be wanted. In witness where of I have here unto set my hand and seal, this Fifth day of January 1750. HEZEKIAH KEEN. (s) Signed sealed and delivered in presence of GEORGE PARTRIDGE. PEABODY BRADFORD. (This record was found too late to be printed in its proper place.) 1682-3. Mch. 26. Bound Vol. Page 30. The town have granted to Abraham Peirce, a small quantity of land at the head of the said Peirce's land at Namassakeeset, in consideration of the high way that is laid out, cut over the said Peirce's land at Namassakeeset, and have appointed Abram Holmes and Isaac Barker, to lay it forth unto him, for quantity according to their judgment, provided that Marshfield be willing thereunto. WILLIAM PARBODY, Clerk. March 26, 1682-3.