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1785 Contract for Survey

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(@bridger48)
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Receipt from Andrew Barnett to John Donne with an agreement to locate and survey land 1785. Document found at the Library of Congress, public papers. I have only a working transcription (see below)'hoping more eyes will assist in resolving some of the more complicated sections and wording.


Images can be savedMxxxx to a PC by right clicking on the image and selecting 'save picture as'.

Working Transcription Page 1 of 2

“Receives of Mr. John Donne at Louisville this 28th August 1785
his order in my favor on the Principal Surveyor of the County
of Jefferson for part of a Treasury Lien Warrant Deposits in
that Office by Daniel Moorhead junior Given sometime in
April 1784. Numbered 12,566 – Balance thereon Nine
Hundred Acres which I promise to locate have surveyed
and returned according to the law in the Office of said Survey
-or as soon as good vacant Land for that purpose can be found
he the said Donne paying at the rate of Three pounds per
thousand acres for locating entering surveying and re-
turning the same and including all chain carrions
express wages and the same nine hundred acres after
being returned as foresaid and as soon as the said Donne
shall obtain a patent for the same he shall makeover
to me my hires and assigns the one full half part
both in Quantity and Quality by deed in fee simple
according to the here intent and meaning hereof.
The word “Good” being previously underlined on the
Eighth line of this instrument of writing.

Done in the presents of:
James Settder
John Donne and John Barnett

Working Transcription Page 2 of 2

Whatever may be Expressed herein to the contrary The within
Mentioned John Donne leaves to the Honor and Discretion
The within Andrew Barnet the Choice and Quality of the
Land to be located having full confidence in his integrity
That addition having been made by me before signing the
Within by Andrew Barnett and in case the said
Barnett cannot find vacant land which he thinks it
advantagable to enter it upon his then at liability to
acquire it.

Mxxxxx

James Settder

John Donne

The wording is so strange that it difficult to understand scope of the work to be completed. Interesting the monies are still pounds?

Greg D Spurlock, PLS

 
Posted : 19/01/2013 11:38 am
(@jerry-knight)
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My quick read is as follows. Hope it helps. I don't warrant anything. I did not compare with yours.
Jerry

Page 1
Aug. 25, 1785
Received of Mr. John Donne at Louisville this 25th August 1785
His order in my favor on the Principal Surveyor of the County
Of Jefferson for part of a Treasury Land Warrant Deposited in
That Office by Daniel Moorhead junior xxxx sometimes in
April 1784 Numbered 12,500 – Balance thereon Nine
hundred acres which I promise to locate, have surveyed
and returned according to law in the Office of said Surveyor
as soon as good vacant Land for that purpose can be found
he the said “Donne paying at the rate of Three pounds per
thousand acres for locating entering surveying and re-
turning the same and including all chain carriers
express wages And the same nine hundred acres after
being returned as aforesaid and as soon as the said Donne
shall obtain a patent for the same. He shall makeover
to me my Heirs and assigns the one full half part
both in quantity and quality by deed in fee simple
according to the true intent and meaning hereof
The word “Good” being previously interline on the
Eight line of this instrument of writing
Done in presence of
James Alder
John Donne
Andrew Barrett

2nd Page
Whatever may expressed herein to the Contrary, The within
mentioned John Donne leaves to the Honor and Discretion
of the within Andrew Barrett the Choice and Quality of the
Land to be located having full confidence in his Integrity
this addition having been made by me before Signing the
Within by Andrew Barnett and in case the Said
Barnett cannot find vacant Land which he thinks it
advisable to enter it upon he is then at liberty to
decline it.
Witness
James Alder
John Donne

 
Posted : 19/01/2013 2:58 pm
(@kevin-davis)
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Since I'm from Kentucky I recognize this style of writing. The surname is Brodhead, a name I have seen around here as far back as mid-1800's

 
Posted : 19/01/2013 3:20 pm
(@kevin-davis)
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Daniel Brodhead, Jr. Esq[uire].

The Brodheads were probably people of some means in KY 1780s

 
Posted : 19/01/2013 3:29 pm
(@kevin-davis)
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This was Jefferson County Virginia, at the time.

Here is an image that corresponds to Virginia Treasury Land Warrant 12566.

 
Posted : 19/01/2013 4:02 pm
(@jerry-knight)
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Kevin, now that you write the name, I see you are correct.
Jerry

 
Posted : 19/01/2013 7:39 pm
(@bridger48)
Posts: 114
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Many thanks to Kevin and Jerry for their assistance on this little project this past weekend.

Regards,

Greg D Spurlock, PLS

 
Posted : 21/01/2013 5:55 am
(@bridger48)
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Topic starter
 

Am I to understand, for finding and surveying this 900 acres of land. The surveyor Andrew Barnett will receive 1/2 of the land and nearly 3 pounds as payment for the service. What are we doing wrong?

 
Posted : 21/01/2013 6:20 am
(@keith)
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Hmmmm. A Wendel Brodhead was our rural mail carrier for years in eastern Montana.

 
Posted : 21/01/2013 8:44 am
(@kevin-davis)
Posts: 53
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Concerning payment in land for early surveying in KY, I believe Green Clay of that Clay family takes the cake. He amassed around 50,000 acres in the "bluegrass" area north of what is now Richmond, KY. This is prime land. I believe he also charged tolls to passers-by.

 
Posted : 21/01/2013 1:39 pm