Post by Pat (Friend) Thompson on Jan 3, 2009 14:21:30 GMT -5
Freeman L. Friend 1824-1906 (son of Joseph Friend and Rachel Browning). Mary C. Nethkin, in this agreement, was Freeman Friend's daughter.
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Garrett County Maryland Land Record
Book 46 page 204
Transcribed by Patty-Friend-Thompson, January 3, 2009
At the request of F. R. Nethkin this Agreement was recorded October 6th 1903 at 12 o’clock p.m.
This Agreement made and concluded this fifth day of July, 1902, by and between Freeman L. Friend of Harrison County and State of Missouri, party of the first part, and Francis R. Nethkin and Mary C. Nethkin, his wife, of Garrett County and State of Maryland, parties of the second part, Witnesseth:
That the said party of the first part does hereby agree to furnish a sum of money not exceeding six hundred dollars for the purpose of building a house upon the land of the said party of the first part, located at Round Glade, Garrett County, Maryland, said house to be occupied by the said parties of the second part. And the said parties of the second part hereby covenant and agree to and with the said party of the first part to mine the coal underlying the said land of the said party of the first part, and out of the proceeds of the mining of said coal to first pay the expenses incident to the working of said coal, and then to repay to the said party of the first part the aforesaid sum of six hundred dollars, or so much thereof as may be necessary to build said house, together with six per cent interest upon said sum of money. And it is further mutually agreed between the said parties hereto, that upon the day and date of the laying out of the aforesaid sum of money by said party of the first part that the said parties of the second part will execute and deliver to the said party of the first part their joint writing obligatory for said sum of money, with interest from the date thereof. It is further agreed that the said parties of the second part shall get out and have split the rock for the foundation walls of said house, which are to be eighteen inches in thickness, and the basement under the superstructure to be nine feet in height, and the excavation for the same shall be done by the said parties of the second part. And it is further agreed by and between the parties hereto that after said sum of money is repaid to the said party of the first part that the said parties of the second part shall continue to mine and work said coal, and the net proceeds arising from the sale of the same shall be divided between the parties of the second part, the said Francis R. Nethkin hereby binding himself to pay over to the said Mary C. Nethkin, for her own separate use the aforesaid one-half of the net proceeds of the mining of said coal. And it is further agreed that Edward H. Sincell of Oakland, MD., shall hold these presents subject to the inspection of either party hereto at all reasonable times.
Witness our hands and seals the day and year first hereinbefore written.
Witness: Edward H. Sincell}
Freeman L. (his X mark) Friend (Seal)
F. R. Nethkin (Seal)
Mary C. Nethkin (Seal)
(The signatures of the parties to the foregoing agreement as well as that of the attesting witness being typewritten. Test: E. Z. Tower, Clerk
[Written in margin- Ex’d and mailed to F. R. Nethkin, Oakland, Md., Oct. 23, 1903]
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Garrett County Maryland Land Record
Book 46 page 204
Transcribed by Patty-Friend-Thompson, January 3, 2009
At the request of F. R. Nethkin this Agreement was recorded October 6th 1903 at 12 o’clock p.m.
This Agreement made and concluded this fifth day of July, 1902, by and between Freeman L. Friend of Harrison County and State of Missouri, party of the first part, and Francis R. Nethkin and Mary C. Nethkin, his wife, of Garrett County and State of Maryland, parties of the second part, Witnesseth:
That the said party of the first part does hereby agree to furnish a sum of money not exceeding six hundred dollars for the purpose of building a house upon the land of the said party of the first part, located at Round Glade, Garrett County, Maryland, said house to be occupied by the said parties of the second part. And the said parties of the second part hereby covenant and agree to and with the said party of the first part to mine the coal underlying the said land of the said party of the first part, and out of the proceeds of the mining of said coal to first pay the expenses incident to the working of said coal, and then to repay to the said party of the first part the aforesaid sum of six hundred dollars, or so much thereof as may be necessary to build said house, together with six per cent interest upon said sum of money. And it is further mutually agreed between the said parties hereto, that upon the day and date of the laying out of the aforesaid sum of money by said party of the first part that the said parties of the second part will execute and deliver to the said party of the first part their joint writing obligatory for said sum of money, with interest from the date thereof. It is further agreed that the said parties of the second part shall get out and have split the rock for the foundation walls of said house, which are to be eighteen inches in thickness, and the basement under the superstructure to be nine feet in height, and the excavation for the same shall be done by the said parties of the second part. And it is further agreed by and between the parties hereto that after said sum of money is repaid to the said party of the first part that the said parties of the second part shall continue to mine and work said coal, and the net proceeds arising from the sale of the same shall be divided between the parties of the second part, the said Francis R. Nethkin hereby binding himself to pay over to the said Mary C. Nethkin, for her own separate use the aforesaid one-half of the net proceeds of the mining of said coal. And it is further agreed that Edward H. Sincell of Oakland, MD., shall hold these presents subject to the inspection of either party hereto at all reasonable times.
Witness our hands and seals the day and year first hereinbefore written.
Witness: Edward H. Sincell}
Freeman L. (his X mark) Friend (Seal)
F. R. Nethkin (Seal)
Mary C. Nethkin (Seal)
(The signatures of the parties to the foregoing agreement as well as that of the attesting witness being typewritten. Test: E. Z. Tower, Clerk
[Written in margin- Ex’d and mailed to F. R. Nethkin, Oakland, Md., Oct. 23, 1903]