Below is the text of the deed written up when Fecko Szczur purchased his farm on Bald Mountain from John Long et al in 1920. There are sections of this legal document that are difficult to understand, even for native speakers of English today. It would seem to a layman that the sellers retained 25% of the mineral rights to the property. One may safely assume that Fecko Szczur, not knowing any English, understood no such details.



549-426


JOHN LONG ET AL

TO

TEHODORE SZCZUR ET UX

THIS INDENTURE_ Made the 27th day of July in the year of our lord, one thousand nine hundred and twenty BETWEEN John Long (Widower), Anthony Long and Clara Long, his wife of the township of Bear Creek, County of Luzerne and State of Pennsylvania, parties of the first part, AND THEODORE SZCZUR AND ANNA SZCZUR his wife of the township of Plains, County and State aforesaid, parties of the second part.

WITNESSETH That the said parties of the first part, for and in consideration of the sum of NINE THOUSAND ($9,000.00) Dollars lawful money of the United States of America, well and truly paid by the said parties of the second part, to the said parties of the first part at and before the ensealing and delivery of these presents the receipt is hereby acknowledged, have granted bargained, sold, aliened, enfeoffed, released conveyed and confirmed and by these presents do grand, bargain, sell, alien, enfeoff, release, convey and confirm unto the said parties of the second part their heirs and assigns, the following lot, piece or parcel of land, situate lying and being in the Township of Bear Creek Luzerne County, Pennsylvania, bounded and described as follows to wit:-

BEGINNING at a stake and stones corner on a line between tracts surveyed in Warrantee name of Ziba Bennet and Daniel Stiles and twenty (20) rods east from the Westerly corner of same; thence along said line south eighty six (86) degrees east sixty-five (65) perches to stake and stones corner in line of land contracted to J. Bush; thence along said line of said Bush's land South four (4) degrees west three hundred and twenty (320) perches to stake and stones corner in line of tract surveyed in warrantee name of Charles Bruce; thence along said line north eight six (86) degrees west sixty five (65) perches to a stake and stones corner, thence by other lands of Amandes Kresge North four (4) degrees east three hundred and twenty (320) perches to place of beginning.

CONTAINING about one hundred and thirty (130) acres of land, being the same property conveyed by Amandes Kresge and wife to John Long by deed dated the 7th day of April 1893 and recorded in the office for the recording of deeds, etc., in and for Luzerne County in Deed Book No. 239, page 488. The title to the above described property was acquired by the said John Long and Anthony Long, grantors above mentioned, by inheritance from their father, John Long, now deceased. The said John Long and Anthony Long being the only heirs of the said John Long, deceased. ALDO being the same property described in deed from John Long and wife to Anthony Long said deed being dated the 29th day of June 1898, and recorded in the office for the recording of deeds etc., in and for Luzerne County, in Deed Book No. 400 page 177; and property described in deed from Anthony Long and wife to John Long, said deed being dated the 30th day of June 1898, and recorded in the office of the recording of deeds etc., in and for Luzerne County in Deed Book No. 491, page 262.

EXCEPTING AND RESERVING however to the owners of the same their lessees, heirs or assigns and from and out of this Indenture and the covenants herein contained one-fourth (1/4) of all the coal and other minerals in and under the above described piece of land.

TOGETHER with all and singular the buildings, improvements woods, ways, rights, liberties privileges, hereditaments and appurtenances, to the same belonging or in any wise appertaining and the reversion and reversions, remainder and remainders, rents issues and profits thereof, and of every part and parcel thereof;

AND ALSO, all the estate, right title interest, property possession claim and demand whatsoever, both in law and equity of the said parties of the first part of in, and to the said premises with the appurtenances; excepting and reserving however as aforesaid.

TO HAVE AND TO HOLD the said described hereditaments and premises hereby granted and released, or mentioned and intended so to be, with the appurtenances, unto the said parties of the second part their heirs and assigns to the only proper use benefit and behoof of the said parties of the second part, their heir and assigns forever. Excepting and reserving, however as aforesaid.

Shall and Will Warrant and Forever defend.

IN WITNESS WHEREOF, the said parties of the first part to these presents have hereunto set their hands and seals, Dated the day and year first above written.

Signed, sealed and delivered in the presence of

John Long (SEAL)

Antony Long (SEAL)

Clara Long (SEAL)

The word "one four" contained in the Second line on the last page, and figures "1/4" and word "of" contained on the third line of the last page were inserted before signing and acknowledging the deed.

John V. Kosek

Stella P. Masavage

STATE OF PENNSYLVANIA

COUNTY OF LUZERNE SS;

On the 27th day of July Anno Domini 1920 before me the subscribe a Notary Public in and for said County, resident at Wilkes Barre Pennsylvania, personally appeared the above named John Long, Anthony Long and Clara Long, his wife and in due form of law acknowledged the above indenture to be their act and deed and desired the same might be recorded as such.

WITNESSS my hand and notarial seal the day and year aforesaid.

Stella P. Masavage, Notary Public (Seal of N.P.)

My commission expires Feb. 21st 1922

Recorded May 2, 1921

M.G.M.

Comp by P.H.W. & S.G.V.


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