IV. Demand declaration of no set-off (Par. 187).

190. Brief or Abstract of Title. Form.

The result of the searches is arranged to show the chain of title in what is called an abstract or brief of title.

The following Abstract of Title is set forth "in extenso" as an admirable example of the old time conveyancer's art. It is a splendid guide covering as it does six separate chains of title for over a hundred years, to a half a block of houses, uniting them finally in the ownership of one man. The careful study of this abstract of title is recommended to all those who wish to learn title searching, for in it they will find recited practically every mode of acquiring title as e. g. by adverse possession, by deed, by will, by descent, extinguishment of ground rents, mortgage foreclosure proceedings, sheriff sale, proceedings in Orphans' Court, &c.

Brief or Abstract of Title.

TO ALL THAT CERTAIN lot or piece of ground with the messuages or tenements and other buildings and improvements thereon erected SITUATE in the Twelfth Ward of the City of Philadelphia and described according to a recent survey thereof, as follows, viz: BEGINNING at a point on the south side of Fairmount Avenue at the distance of fifty-seven feet, seven inches westwardly from the westwardly side of Hermitage Street (formerly Smith's Alley), thence extending southwardly through the middle of a wall eighteen feet to a point, thence still southward on a line parallel with Fourth Street fifty-five feet, ten inches to a point, thence eastwardly on a line parallel with said Fairmount Avenue fifty-four feet to the westwardly side of the said Hermitage Street, hence along the same southwardly seventy-six feet, four and one half inches to a point, thence westwardly on a line parallel with said Fairmount Avenue one hundred and twenty feet, one inch to a point, thence northwardly on a line parallel with the said Fourth Street seventy-five feet eleven and three quarter inches to a point, thence eastwardly on a line parallel with Fairmount Avenue four feet to a point, thence northwardly on a line parallel with said Fourth Street twenty-four feet, nine inches to a point, thence westwardly on a line parallel with said Fairmount Avenue one foot to a point, thence northwardly on a line parallel with said Fourth Street forty-nine feet, seven and three quarters inches to the south side

of said Fairmount Avenue and thence eastwardly along the same sixty-four feet, six inches to the place of beginning.

Deed Poll.-Thomas Proctor, Esq., high sheriff to Francis Proctor, Sr., in fee for a certain lot of ground situate on the west side of Third Street in the Northern Liberties of the County of Philadelphia, CONTAINING in breadth on said Third Street and on the west end seventy-four feet or thereabouts and in length or depth 250 feet, BOUNDED eastward by said Third Street, southward partly by land of William Allen and partly by David Benezet's ground, westerly by other ground of Thomas Budd and northward by ground of Levi Budd.

Sold as the property of Benjamin Flowers. Consideration, forty pounds; subject to ground rent of seventeen pounds, eleven shillings and six pence per annum.

Acknowledged in open court of common pleas on December 20th, 1784. B 3, 449.

Deed.-Francis Proctor and Ann, his wife, to Jonathan Bayard Smith in fee for the same premises. Subject to the said ground rent of seventeen pounds, eleven shillings and six pence per annum. Duly acknowledged June 10th, 1786.

The said yearly ground rent of seventeen pounds, eleven shillings and six pence has been duly released and extinguished.

Deed.-Jonathan Bayard Smith and Hannah, his wife, to Richard Limehouse in fee for a certain lot of ground situate on the westerly side of a certain twenty feet wide alley (now Hermitage Street), being twenty feet wide through J. B. Smith's lot, of which this was part), CONTAINING in front on said alley twenty feet and extending in depth 120 feet BOUNDED Southward by ground of Daniel Benezet and partly by ground of Jacob Steinmetz (being part of the premises last described). Reserving thereout a certain yearly ground rent or sum of twenty Spanish milled silver dollars.

Acknowledged July 17th, 1795, and April 24th,

January 6th, 1806. Produced and examined.

1826
Mar. 28th.
Produced and
examined.

Recited in

the next deed.

1795, and recorded July 24th, 1804, in Deed Book E. F., No. 16, page 368, &c.

Deed Poll.-Richard Limehouse and Elizabeth his wife to John Harrison, in fee for the same premises. Subject to said ground rent of twenty ($20.00) dollars.

Duly acknowledged same day and recorded May 18th, 1826, in Deed Book G. W. R., No. 9, page 355, &c.

Deed Poll.-John Harrison to Jacob Stearly in fee for the same premises. Subject to said ground rent or sum of $20.00.

Duly acknowledged April 4th, 1826, and recorded May 18th, 1826, in Deed Book G. W. R., No. 9, page 356, &c. The said Jonathan Bayard Smith being seised in fee of and in inter alia the premises in question (being the premises conveyed by the next deed) died having first made and published his last will and testament in writing bearing date the first day of June, 1812, duly proven and registered at Philadelphia, wherein and whereby he did give and devise unto Robert Ralston, William Rush and Abraham Kintzing, and the survivors and survivor of them and the heirs, executors and administrators of such survivor, all his real estate IN TRUST for the uses and purposes therein set forth the rents and profits to be paid to his five children therein named for and during the space of five years after his decease and he did thereby further will as follows: "If the said trustees shall neither divide nor sell the same within five years after my decease then from and after the expiration of the said term of five years the said trustees shall sell or divide the same on the application and request of the major part of my children then living and if any child be dead his legal representatives to have a voice as he or they would have had if living," and of his said will he did nominate and appoint his sons John R. Smith, Samuel H. Smith and Jonathan Smith to be executors. And whereas the said Jonathan Smith is absent and the said Samuel

1826

May 11. Produced and examined.

H. Smith and Margaret, his wife, Susan B. Smith, and Ann Caroline Smith, by letter of attorney dated October 20th, last past (1825), intended to be recorded, did nominate and appoint the said John M. Read to be their true and lawful attorney to grant, bargain and sell all or any of the lands and tenements belonging to the estate of their said father, to which they were entitled and to execute such deeds and conveyances as should be necessary therefor and also for them and in their names to apply to and require the said trustees to sell said real estate according to the directions of said testator and generally to do all such other acts, matters and things as should be necessary to effect the purposes of said testator.

Deed-Between Robert Ralston, William Rush and Abraham Kintzing, trustees of the last will and testament of Jonathan Bayard Smith, deceased, of the first part. John R. Smith, one of the devisees in said will named, Samuel H. Smith and Margaret, his wife, Susan B. Smith and Ann Caroline Smith (the said Samuel, Susan B., and Ann Caroline, being three other of the devisees in said will named), (the four last-named acting by their attorney John M. Read, duly constituted), of the second part and Jacob Stearly, of the third part.

WHEREBY, The said Robert Ralston, William Rush and Abraham Kintzing, trustees as aforesaid (upon the request of said parties of the second part), in consideration of the sum of $1,000.00 and in pursuance and execution of the power and authority contained in said last will and testament, and of the trusts in them reposed and vested and by force and virtue thereof, granted and conveyed unto the said Jacob Stearly, his Heirs and Assigns A CERTAIN lot or piece of Ground, SITUATE on the West side of Smith's Alley (laid out from Green Street to Coats Street) in the Nothern Liberties of the County of Philadelphia, between Third and Fourth Streets CONTAINING in front or breadth on said Smith's Alley 55 feet six inches and

1795 June 1. Recited.

1805 June 8.

Exd. Record.

in length or depth Westward 120 feet, BOUNDED Southward by Ground formerly of Daniel Benezet and Jacob Steinmetz, Northward by a lot of ground granted to John Redman on Ground Rent, Westward by ground formerly of Thomas Budd, and Eastward by Smith's Alley aforesaid (including therein the lot of Ground conveyed by the last recited Deed). TOGETHER with all and singular the buildings, improvements, ways, alleys, passages, waters, &c., Hereditaments and appurtenances whatsoever thereunto belonging, &c. And the reversions, remainders rents, issues, and profits thereof, and also all the estate, right, title, interest, property, claim and demand whatsoever of them the said Trustees and of the said Jonathan Bayard Smith at and immediately before the time of his decease as well at law as in equity of, in, to and out of the same.

Duly proven May 16th, 1826, and recorded May 18th, 1826, in Deed Book G. W. R. No. 9, page 356, &c.

NOTE. The hereinafter recited Deed from Luther G. Smith et al. to Peter S. Dildine recites that the above mentioned yearly Ground rent or sum of $20.00 merged and became extinguished by virtue of the foregoing Deed.

Deed.-Jonathan Bayard Smith and wife to Duncan, in fee for a Lot of Ground SITUATE on the West side of Smith's Alley aforesaid-CONTAINING in breadth North and South 18 feet, and extending in length or depth 120 feet. Reserving thereout a certain yearly ground rent of 18 Spanish milled silver dollars payable half yearly on the first day of January and July.

Deed Poll.--John Barker high sheriff, &c., to John Redman, in fee for the same premises subject to the said ground rent of $18.00.

Acknowledged in open Court of Common Pleas and entered among the records thereof in Book E, page 97, &c.