Mount St. John (Land at), Epsom Road, Auckland District.
1847. 2 October.Auckland District.Mount St. JohnW. C. Hayes and others.This
Deed made the 2nd day of October 1847 Between William
Clayton Hayes of Auckland in the Colony of New Zealand Grocer of the first part
John Campbell Johnstone of Auckland aforesaid Gentleman of the second part and
Dennett Hersee Heather of Auckland aforesaid Settler of the third part Whereas the
said William Clayton Hayes has a claim to a Grant from the Crown of a piece or
parcel of Land hereinafter described which has been purchased from the Aboriginal
Owners thereof And whereas the said John Campbell Johnstone has purchased all the
estate right and title of the said William Clayton Hayes in and to the said Land
and has resold the same to the said Dennett Hersee Heather Now this Deed
witnesseth that in consideration of the sum of One hundred Pounds by the said John
Campbell Johnstone paid to the said William Clayton Hayes and in further
consideration of the sum of Fifty Pounds by the said Receipt.
Dennett Hersee Heather to the said John Campbell Johnstone paid (the
receipt whereof is hereby acknowledged) He the said William Clayton Hayes at the
request of the said John Campbell Johnstone Doth hereby bargain sell assign
transfer and set over unto the said Dennett Hersee Heather his heirs and assigns
All that piece or parcel of Land or Ground situate lying and being on the east
side of the road leading Boundaries. [5 acres.]
from Auckland to Epsom containing Four acres or thereabouts Bounded on the
North by land claimed by Charles Henry Moffitt 1,162 links on the East by land
claimed by James Dilworth
95 and 272
links on the South by land claimed by William Turner 1,142 links and on the West
by the said Road 349 links And all the estate right title and interest of them the
said William Clayton Hayes and John Campbell Johnstone thereto Together with all
erections and buildings thereon erected and built and all other the appurtenances
thereunto belonging And the said William Clayton Hayes for himself his Heirs
Executors and Administrators Doth hereby covenant with the said Dennett Hersee
Heather his heirs and assigns that he the said William Clayton Hayes and his heirs
and all parties claiming or to claim by from through under or in trust for him or
them or either of them will at the costs in all things of the said Dennett Hersee
Heather his heirs and assigns do all acts deeds matters and things which he the
said Dennett Hersee Heather may reasonably require for the purpose of obtaining
for him or them the said Crown Grant of the said land or for the purpose of
otherwise perfecting the Title of the said Dennett Hersee Heather thereto And also
that he the said William Clayton Hayes or his heirs and all necessary parties will
on the issue of the said Crown Grant (at the expense in all things of the said
Dennett Hersee Heather his heirs executors and administrators) execute a good and
sufficient conveyance of the said piece or parcel of land with the appurtenances
unto the said Dennett Hersee Heather his heirs or assigns free from all
encumbrances. In Witness thereof the said parties have hereunto subscribed their
William Clayton Hayes.
J. C. Johnstone.
D. H. Heather.
Signed by the said parties in the presence of—
Joseph McLean, Storekeeper, Auckland.
Thos. W. Buckland, Settler,