Sheriff's Sale of James McCarter's Property
in New York City
July 29, 1814
Liber 133, Page 402, Recorded January 5, 1819
Recorded for and at the request of William Cummings the 5th day of January 1819 at 1 P.M.
To all to whome these presents shall or may come. I Simon Fleet, Sheriff of the City and County of New York send Greeting whereas by virtue of a certain writ of Fieri Facias to me directed and delivered I was commanded that of the goods and Chattels of James McCarter in my Bailiwick I should cause to be made six hundred dollars [$600.00] of debt which William Cummings lately in the Supreme Court of Judicature of the People of the State of New York before the Justices of the People of the State of New York of the Supreme Court of Judicature of the same people at the Capitol in the City of Albany recovered against the said James McCarter and also fifteen dollars, twenty five cents [$15.25] which in the same Court were adjudged to the said William for his damages which he had sustained as well by occasion of the detention of that debt as for his costs and charges by him about his suit in that behalf expended whereof the said James is convicted as appears of record and if sufficient Goods and Chattels of the said James could not be found in my Bailiwick where of I could cause to be made the debt and damages aforesaid that then I should cause the same to be made of the lands and tenements in my bailiwick.
Whereof the said James was seized on the nineteenth day of August in the year of our Lord one thousand eight hundred and thirteen [19 Aug 1813] or at any time afterwards in whose hands soever the same might be and that I should have those monies before the Justices of the said Supreme Court of Judicature at the City Hall of the City of New York on the third Monday of October (then) next to render unto the said William for his debt and damages aforesaid and also by a certain Indorsement on the said Writ. I was directed to levy for three hundred and fifteen dollars and twenty five cents [$315.25] besides poundage as on reference being had to the said writ and Indorsements will more fully appear and whereas The said Sheriff by virtue of the said Writ did on the thirteenth day of June [13 Jun 1814] last past levy on take and seize all the right title and interest of the said James McCarter of in and to~
That certain house and lot of ground situate, lying, and being on the northerly side of Chatham Street in the Sixth Ward of the City of New York being distinguished in a map thereof and of other grounds of the Mayor, alderman, and Commonalty of the said City there made by Stephen Ludlam City Surveyor as lot number one and being bounded southerly in front by Chatham Street aforesaid, Westerly by ground now or late in the possession of John Moore and distinguished on the said Map as number four, Northerly in the rear by the Goal Yard [Jail Yard], and easterly by a lot of Ground distinguished on the said Map as lot number two. Containing in breadth in front on Chatham Street twenty two feet ten inches in the rear, twenty nine feet six inches and in length on the westerly side, fifty five feet six inches, and on the easterly side seventy four feet four inches as by reference to the said map now on file in the office of the Comptroller of the said City be the same more or less.
Together with all and singular the appurtenances thereunto belonging or appertaining and whereas I the said Sheriff did by virtue of the said writ and pursuant to the Statute in such case made and provided duly advertise all the right, title, and interest of the said James McCarter of, in, and to the premises herein before mentioned and described for sale and did on the twenty seventh day of July [27 Jul 1814] instant sell the same at public auction to William Cummings of the said City of New York for the sum of two hundred dollars [$200.00] he being the highest bidder.
Therefore now Know Ye that I the said Simon Fleet Sheriff as aforesaid for and in consideration of the said sum of Two hundred dollars to me in hand paid by the said William Cummings the receipt whereof I do hereby acknowledge. Have bargained, sold, and assigned and by these presents do bargain, sell, and assign unto the said William Cummings his executors, administrators and assigns.
All the right, title, and interest of the said James McCarter of, in, and to the above described premises with the appurtenances as fully amply and _____ as I the said Simon Fleet as Sheriff as aforesaid by virtue of the said writ and by force of the Statute in such case made and provided lawfully can, may, might or ought to bargain, sell, and assign the same.
To have and to hold the premises above bargained and described with the appurtenances unto the said William Cummings his executors, administrators, and assigns as fully and absolutely as I the said Simon Fleet Sheriff as aforesaid might, could, or ought or may can or ought to bargain sell and assign the same by virtue of the said writ and by force of the Statute aforesaid Subject to all incumbrances whatsoever Given under my hand and seal this twenty ninth day of July in the year of our Lord one thousand eight hundred and fourteen [29 Jul 1814].
Simon Fleet, Sheriff
Sealed and delivered in the presence of N. Bartlett, James Lyons ~ City and County of New York S.S. On the 5th day of January 1819 [5 Jan 1819] before me personally appeared Noah Bartlett known to me who being duly sworn did depose and say that he knew Simon Fleet the within Grantor and saw him sign and execute the within Indenture and who acknowledged that he executed the same for the uses and purposes therein mentioned and the said deponent and James Lyons became subscribing witnesses thereto. I do allow the same to be recorded.
Herman Ruggles, Commissioner
For and in consideration of the sum of one hundred and fifty dollars [$150.00] to me heretofore and now in hand paid I do hereby transfer and make over unto Thomas Orr of the City of New York Mason all my right, title, and interest to the within or annexed lease he paying all ground, rents, or charges therein reserved thereon to William Cummings New York first Sept. 1815 [1 Sep 1815]
Signed, sealed, and delivered in presence of Witness Edward Wilson, James McCarter in city and County of New York
S.S. on the 5th day of January 1819 [5 Jan 1819] personally appeared before me William Cummings the person who signed the above release and who acknowledged that he executed the same for the uses and purposes therein mentioned and Edward Wilson Known unto me being duly sworn did depose and say that the said William Cummings executed the above said writing in his presence and that he the deponent and James McCarter became subscribing witnesses thereto I do allow it to be recorded.
Herman Ruggles, Commissioner
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"New York, Land Records, 1630-1975," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1961-33070-10293-73?cc=2078654&wc=M9M4-P3L:689389822 : accessed 31 Jan 2014), New York > Conveyances 1818-1819 vol 132-134 > image 341 of 755.