David and Betsy (Winans) Carey were among the earliest settlers in Miami county, Ohio, arriving from New Jersey before 1810. Thomas Carey was his younger brother. The Benjamin Winans who witnessed the transaction was undoubtedly related to Betsy, but we can't sort him (or her) out from the numerous Winans who were in the area. This deed was transcribed by cousin Kelly Conrad:
Indenture, David & Elizabeth Carey of Miami County Ohio [Grantors] to Thomas Carey of Miami County [Grantee], 80 acres, the N/2, NW/4, Sec. 2., R.12, T.1 [nominally, Spring Creek Township], Between the Miami Rivers Survey; consideration $300
Miami County Ohio Clerk, 1828
Deeds, Book 6 [Sep 1826 - Jan 1828], 537 pp.
Pgs. 472-473
3 Apr 1827 [written]; 3 Apr 1827 [proved]; 8 Jul 1828 [recorded]
Instrument Title Text: "David Carey To Thomas Carey [sic]"
Left-hand Margin Note: "Recd for Record 3d July 1828 & Recorded 8th same month"
This Indenture made this third day of April in the year of our Lord one thousand eight hundred and twenty seven between David Carey [sic] and Elizabeth his wife [sic] of the first part and Thomas Carey [sic] of the second part, all of Miami County State of Ohio Witnesseth that the said party of the first part for and in consideration of the sum of three hundred Dollars lawfull [sic] money of the United States to him in hand well and truly paid by the said party of the second part the receipt whereof is hereby acknowledged Hath granted bargained sold aliened released conveyed and confirmed and by these presents Doth grant bargain sell alien convey and confirm unto the said party of the second part his heirs and assigns [sic] forever all that certain tract of Land situate in the county of Miami aforesaid being the North half of the Northeast quarter of section Two of Township one in Range twelve Between the Miami Rivers Begining [sic] at the north west corner of said quarter thence East one hundred and sixty poles thence south Eighty poles thence west one hundred and sixty poles thence North Eighty poles to the place of begining [sic] containing Eighty acres more or less And all the estate right title interest claim and demand whatsoever of him the said party of the first part either in law or equity of in and to the said premises and every part thereof Together with all and singular the priviliges [sic] and appurtenances to the same belonging or in any wise appertaining and the rents issues [sic] and profits thereof To have and to hold the premises hereby bargained and sold or meant or intended to be with the appurtenances to the only proper use benefit and behoof of the said party of the second part his heirs and assigns [sic] forever and the said David Carey [sic] and Elizabeth his wife their heirs executors and administrators do promise covenant and agree to and with the said party of the second part his heirs executors administrators and assigns [sic] that they are the true and lawful owners of the premises hereby granted and have good right and full power and lawful authority to sell and convey the same in manner aforesaid and further that they the said party of the first part his heirs executors and administrators will warrant and forever defend the aforesaid premises with their appurtenances and every part and parcel thereof unto the said party of the second part his heirs and assigns against all lawful demands of all persons _____ [sic]
In witness whereof the said party of the first part [sic] have hereunto set their hands and seals the day and year first above written
David Carey [sic] {seal}
Elizabeth Carey [sic] {seal}
Signed sealed & acknowledged }
in presence of }
James L. McKinney }
his }
Benjamin X Winans }
mark }
State of Ohio Miami County SS
{LS} on this third day of April in the year of our Lord one thousand Eight hundred and twenty seven the grantors of the above Deed of Conveyance personally appeared before me one of the Justices in and for [strikeout] the county and acknowledged the signing and sealing of the above as their voluntary act for the purpose therein contained Given under my hand and seal this day and year first above written
James L. McKinney J.P.
Transcriber comments:
The subject instrument presents a mystery as to how David Carey came to own this particular tract, located, roughly, some 6 miles north-northeast of the parcel David acquired on this same date from Thomas Carey - 50 acres along the north edge of Sec. 14 in Staunton Twp. No Miami County deed records have surfaced showing David's purchase of his Spring Creek parcel.
The map on the right, from Tom Midlam's collection, should help you visualize the location of this property within Spring Creek township, which is just north of Staunton township, where the Careys were involved in numerous land transactions. Section 2 is in the northeast part of Spring Creek, along its boundary with Brown township.