MARY BRACEWELL AND SHARON ATKINSON

[Stanley]

MARY BRACEWELL AND SHARON ATKINSON

WARRANTY DEED RECORD

242/B54. No. 18090.

Warranty Deed from Sharon Atkinson to Mary Bracewell.

This deed, made the second day of September in the year of our Lord one thousand eight hundred and eighty five between Sharon Atkinson of the county of Weld and State of Colorado of the first part and Mary Bracewell of the county of Weld and state of Colorado of the second part.

Witnesseth: that the said party of the first part, for and in consideration of the sum of seventeen thousand one hundred and sixty dollars to the said party of the first part in hand paid by the said party of the second part, the receipt thereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents do grant bargain sell convey and confirm unto the said party of the second part her heirs and assigns for ever all the following lot or parcel of land, situate, lying and being in the County of Weld and State of Colorado, to wit:

The south east quarter of the south east quarter and the north east quarter of the south east quarter of section number twenty five (25) in the township number six (6) north of range number sixty seven (67) west. Also the north east quarter of the north east quarter of section number thirty one (31) in township number six (6) north of range number sixty six (66) west. Also the south west quarter of the south west quarter and the north west quarter of the south west quarter and the south east quarter of section number thirty (30) in the township number six (6) north of the range number sixty six (66) west. Containing according to government survey four hundred and forty (440) acres to the same ?? together with five shares of the Capital Stock of the Whitney Ditch Company. [The Whitney Ditch Company was the body which had dug the water course from the Poudre River which enabled the land to be settled and productive. Holding shares in the company carried the right to use the water. These rights still exist and in a Zoning Application of 2003 it was stated that the Whitney Ditch carries the ‘senior right’ to the Poudre River. There is also a Jones Ditch. Both named after the man who first caused them to be dug. SG.]

TOGETHER with all and singular, the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and to the reversion and reversions, and remainder and remainders, rents, issues and profits thereof; and all the estate, rights, titles, interest, claim and demand whatsoever, of the said party of the first party, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.

TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, her heirs and assigns forever. And the said Sharon Atkinson, party of the first part, for her heirs, executors and administrators do covenant, grant , bargain and agree to and with the said party of the second part, her heirs and assigns, that at the time of the ensealing and delivery of these presents he is well seized of the premises above conveyed, as of good, sure, perfect and absolute indefeasible estate of inheritance, in law, in fee simple and has good right, full power and lawful authority to grant, bargain, sell and convey the same, in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind and nature soever: and the above bargained premises in the quiet, ? and peaceful possession of the said party of the second part, her heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will Warrant and Forever Defend.

IN WITNESS WHEREOF. The said party of the first part has hereunto set his hand and seal the day and year above written.

Signed by Sharon Atkinson. No witnesses.

[SG note: Why is Sharon Atkinson described throughout this deed as ‘he’? This is always in handwriting in a space left blank so gender can be inserted. I have assumed that ‘Sharon’ was a female usage as is current today but it appears this might be a wrong assumption.]


The second page of the deed is essentially a repetition of the first. It is badly photographed but contains a repeat of the description of the property and is a record that the transfer has been certified by a Notary Public. Once again, Sharon Atkinson is described as male. The last section of the deed is as follows:]

STATE OF COLORADO, COUNTY OF WELD. ss
I, James M Freeman, a notary public in and for said County in the State aforesaid do hereby certify that Sharon Atkinson is personally known to me to be the person whose name is subscribed in the annexed deed, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument of writing as his free and voluntary act for the uses and purposes therein set forth.

[Following this is a section for the wife to affirm to show that she was aware of and agreed to the transaction but this has not been filled in.]

Given under my hand and Notarial Seal this second of September AD 1885.

Signed and sealed by James M Freeman, Notary Public.


Transcribed from a copy supplied by Ann Battersby by Stanley Challenger Graham.
17 February 2004





( The description of land in Christopher’s will was as follows: East half of South West quarter and the East 66 acres of the West half of South East quarter of Section 30 and North East quarter of North West quarter of Section 31. All in ? 6 N. of R65 West, Weld County Colorado.)

Extract from a planning hearing at Greeley in 2003:
‘Kim Lawrence, attorney, represented the applicant and stated they have eight shares of the Whitney Ditch Company. He stated the lake is not lined, therefore, they must make up for evaporation. He stated they plan to deliver ditch water into the lake which will have filters corresponding with the fishing designs, and there will be an adequate amount of water to compensate for the amount of evaporation. Mr. Lawrence submitted a copy of the Application for Water Rights, Change of Water Rights, and Plan for Augmentation, submitted to the District Court, marked Exhibit F. Responding to Commissioner Geile, Mr. Lawrence stated the Whitney Ditch Company has a senior right on the Poudre, so they have no concerns with delivery. He further stated research of historic deliveries indicates they did deliver water this past year.’
      The boyhood of our subject was spent in Johnson County, Ind., his birthplace, and in Missouri. He assisted his father on the farm and in the factory during his youth, and in 1860 struck out for himself. Coming to this state, he engaged in mining at Breckenridge for three years, at the end of which period he went to Poudre Valley, and in company with T, W. Whiting (or Whitney) commenced work on the Whitney ditch, for the purpose of watering his land and that of his partner. Subsequently Mr.
     Jones sold out his business interests there and engaged in freighting from Omaha to Denver and out-lying camps. In 1867 he homesteaded his present ranch and at once began digging the Jones ditch, a private ditch which he still owns. Up to 1886 he and his brother Wiley were occupied in feeding cattle, after which he raised horses for a few years. He bought some thoroughbred animals and started in the business of raising horses, but the ruinously low prices at the time he wished to sell was disastrous, and he lost nearly $20,000. Since then he has only raised a few horses and cattle, sufficient for his own needs on the farm, and has been interested in general agriculture. He has bought and sold land extensively and is now the owner of over three hundred acres of fine bottom-land. In his political opinion he is a strong Democrat.

[Stanley]

Some of the research into what happened to the Earby Bracewells when they went to Colorado produced this evidence.