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Maori Deeds of Old Private Land Purchases in New Zealand, From the Year 1815 to 1840, with Pre-Emptive and Other Claims

Mount St. John (Land at), Epsom Road, Auckland District

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 names.

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, Auckland.