THE DEED OF MAY 23, 1844
On July 6, 1843, Fulton Jack and his wife Ellen met with a Justice of the Peace in Raisin Township, Lenawee County. With the help of the Justice, they prepared a deed that separated the land that would become the McLain Cemetery from the rest of their farm, and conveyed it to four of their neighbors, Robert Boyd, James Boyd, William Colvin, and James Holdridge. The deed was recorded with the Lenawee County Register of Deeds on May 23, 1844.
A copy of the deed, as recorded, follows:
Source: Lenawee County Register of Deeds, Adrian, Michigan.
A transcript of the deed appears below. Blank lines indicate text that was illegible in the recorded copy of the deed.
(page 1191)
Fulton Jack
To
Robert Boyd & James Boyd
William Colvin & Jas Holdridge
Recorded
May 23d 3 1/2 pm
1844
Chas __________ Register
This indenture made the fifteenth day of June in the year of our Lord
one Thousand Eight Hundred forty three Between Fulton Jack and, Ellen
his wife of the Township of Raisin Lenawee County and State of Michigan
of the first part and Robert Boyd James Boyd William Colvin and James
Holdridge of the same place of the second part ____________ that the said
parties of the first part: in consideration of the sum of One dollar the
receipt of which is hereby acknowledged and _____________ have granted
bargained sold remised released _____________ and confirmed and by these
presents do grant bargain sell remise release _____________ and confirm
unto the said parties of the second part and to their heirs and assigns
forever all that tract or parcel of Land ___________ in the Township of
Raisin in the County of Lenawee and State of Michigan described as
follows to wit: Beginning at the quarter post (?) on the east side of
Section Number Ten (10) Township Number Six (6) south of range number
four east thence west nine rods thence north 9 nine rods thence east
nine (9) rods to the Section Line thence south on said Section Line nine
rods to the place of Beginning containing eighty one rods of land. Said
land to be occupied for a Burying Ground. To Have and To Hold the above
described premises with all the appurtenances ____________ and whatever
of the said parties of the first part _______________________________
_____________________________________________________________________
(page 1192)
They are well seized of the parcel above conveyed as of a good sure
perfect absolute and indefeasible estate of ____________ in law in fee
simple and that the above described and hereby granted premises in quiet
and peaceable possession of the said parties of the second part their
_______ executors and administrators. They will forever Warrant and
Defend against any person whomever _____________ the said parties of the
first part have ______________ this day and year first above written.
Fulton Jack ______
Ellen Jack _______
Signed sealed and delivered in the presence of
Lucile Judson
John _______
State of Michigan County of Lenawee. Personally appeared before me
Fulton Jack the grantor to the _________ and acknowledged the ________
to be his free act and deed. Also personally appeared Ellen Jack the
wife of the said Fulton Jack who being examined by me separate and apart
from her said husband acknowledged that she executed the said deed fully
without any ___________ from anyone. Given under my hand at Raisin this
fifteenth day of June AD 1843.
______ Judson Justice of the Peace |
This deed specifies distances in "rods," an archaic term equal to 16.5 feet. This deed also uses the term "rod" to mean one square rod, an area equal to 272.25 square feet.
According to this deed, the cemetery is a square parcel, located in the southeast corner of NE 1/4 of Section 10, T6S, R4E, measuring 9 rods x 9 rods, containing 81 square rods. In modern surveying terminology, this parcel would be described as follows:
Commencing at the east quarter corner of Section 10-T6S-R4E, thence west along the east-west quarter section line 148.5 feet to a point, thence north 148.5 feet along a line parallel with the easterly section line of Section 10 to a point, thence east 148.5 feet along a line parallel with the quarter-section line to the easterly section line of Section 10, thence south 148.5 feet along the said section line to the point of beginning. This parcel contains 0.50625 acres more or less.The following drawing indicates the cemetery as described above. Note that the easterly 18 square rods of the cemetery parcel overlaps the Rogers Highway right-of-way; consequently, the actual parcel occupied by the cemetery measures 7 rods x 9 rods, or 63 square rods = 17,151.75 square feet = 0.39375 acres.
