I’m very excited to share with you a deed of Ritchey’s second great-grandfather Henry Hertz from Benjamin Davis.  Davis sold property on Ogden Street in the Spring Garden district of Philadelphia.  Even in 1851 many, many people lived in Philadelphia.  In the indenture it says the ‘piece of ground is situated on the south side of Ogden Street at a distance of 66’5” westward from the west side of Eleventh Street in the district of Spring Garden.’  The lot was 16 feet in breadth and 48 feet towards the south, between property of Charles Harlan on the east side and William Hankins, deceased, on the west side, and by other land of Benjamin Davis on the south side, and ‘partly by the head of a three feet wide alley leading southward into Myrtle Street and northward by Ogden Street.’  William D. Lewis and wife Sarah owned the property previous to October 6, 1848, when they sold this lot to Benjamin Davis.

 The passageway or alley would have been important to Henry Hertz since he was a coach smith.  This title was for someone who forged by hand the iron work used in the building of coaches, carts, carriages, etc.  They built, repaired, cleaned and tempered coach springs and other metal parts.  A coach maker built up by hand the wooden parts such as the framework, lining, floors, moldings, etc., of the bodies of coaches, carriages, railway carriages.  It sounds like the coach smith had the harder job simply because wielding a hammer to make the metal pieces must have taken incredible strength.  The alley would have given him area to park the carriages he was working on and an area for customers to visit him for his services.

The lot was 16’ by 48’.  If you think about it, it’s not a large area.  My office is 14’ on one side.  If you add the closet, it is probably 16’.  From the outer wall of my office, through the green bedroom, through the living room to the piano area is about 48’.  That doesn’t seem like a very large area to have a home and a business.  I do realize homes in the 1850’s were much smaller, on average, than today.  A very interesting word is used in the deed – messuage.  I had to look it up as I’ve never seen it in a deed.  In 1850 this word referred to ‘a dwelling house with its adjacent buildings and the land immediately surrounding it, considered necessary for its convenient use and occupation.  It essentially describes the entire homestead property, including the house itself, outbuildings like bars and stables, and the surrounding land used for domestic purposes.’  If I hadn’t checked the meaning I would have thought the land had no buildings on it.  Evidently there was a house, small, I’m sure, and perhaps outbuildings, that Henry used for his work.

In addition to the payment of $500, Henry was to pay Benjamin Davis ‘the yearly rent or sum of fifty four dollars lawful silver of the United States of America, each dollar weighing seventeen penny weights and six grams, at least, in equal half yearly payments on the first day of March and September every year.’  How interesting that they weighed the coins to make sure there was enough silver in each!  I’ve heard in podcasts of old England that coins were weighed to validate the correct amount, but not in the 1800’s!

If at any time Henry Hertz paid $900, no more rent would be exacted, and a release would be given by Benjamin Davis.  I don’t believe this happened as there are no records I could find concerning a payout.  And I know that Henry and Florentine Hertz moved to Johnson County, Iowa, after 1858 and before 1863, as their eldest son Wilhelm was born that year in Iowa according to the 1880 census records.

Let us look at a bit of family history.  Henry was born in Hesse, Damstadt, Germany, January 9, 1824, to Johann Daniel Hertz, born July 21, 1778, and Christine Heydt, born October 30, 1791, both in Germany.  To my knowledge Johann and Christine had five children – Lisetta, born March 3, 1819, Christine, born November 16, 1821, Henry, Elizabeth and Charles.  The family came to the United States about 1835.  I have yet to find them on ship records. During the voyage to the United States Johann Daniel Hertz became ill with smallpox and died.  He was buried at sea.  Christine landed in America with no husband, her five children and most likely little knowledge of English.  She must have been a brave woman to carry on and raise her children.

Henry married Anne Elizabeth Tilton in Philadelphia October 12, 1847, according to a notice in the Public Ledger.  Both were from Easton, Pennsylvania, which is in Northampton County. The couple had four children – Albert, Cordelia, Ann and Henry. Anna became ill and died in 1856. Henry married Amelia Florentine Probst with whom he had Wilhelm, Jacob, George Edwin, Mary, Gustave, Sarah and Celina.

If you look at the attached map of 1851 Philadelphia, Ogden Street is the tiny line under the name, surrounded at the top and sides with blue.  Blue arrows point out Myrtle Street.  And 11^th Street is marked in yellow.  The purple dot is where I think Henry Hertz lived and had his coach master shop. Enlarge the map for a better view.

Philadelphia County, Pennsylvania Deeds Book GWC 114, 1846-1851, Pages 5-8

This Indenture made the sixteenth day of August in the year of our Lord one thousand eight hundred and fifty one between Benjamin Davis of the District of Spring Garden in the County of Philadelphia, Brick Maker, and Amelia, his wife, of the one part, and Henry Hertz, of the District of the Northern Liberties in the county aforesaid, Coach Smith, of the other part.  Witnesseth that the said Benjamin Davis and Amelia his wife, as well for and in consideration of the sum of five hundred dollars lawful money unto them at or before the sealing and delivery hereof, by the said Herny Hertz, well and truly paid, the receipt whereof is hereby acknowledged as of the payment of the yearly rent and ? and performance of the covenant to and agreements hereinafter mentioned, which on the part of the said Henry Hertz, his heir and assigns is and are to be paid and performed, having granted, bargained, sold aliened, released and confirmed and by these presents do grant, bargain, sell, alien, release and confirm unto the said Henry Hertz, his heirs and assigns all that certain messuage or tenement and lot or piece of ground situated on the south side of Ogden Street at the distance of sixty six feet five inches westward from the west side of Eleventh Street in the District of Spring Garden aforesaid, containing in front to breadth on the said Ogden Street sixteen feet and extending in length or depth southward between parallel lines at right angles to the said Ogden Street forty eight feet.  Bounded eastward by ground now as late of Charles Harlan, westward by ground now of late of William Hankins, southward partly by other ground of the said Benjamin Davis and partly by the head of a three feet wide alley leading southward into Myrtle Street and northward by Ogden Street aforesaid.  Being part

of the same premises which William D. Lewis and Sarah his wife in Indenture bearing date the sixth day of October Anno Domini one thousand eight hundred and forty eight, recorded in the office for recording deeds at Philadelphia in Deed Book GWC No. 14 Page 360, and granted and conveyed unto the said Benjamin Davis in fee, together with the free and common use right, liberty and privilege of the said three feet wide alley as and for a passage way and water course at all times hereafter, forever and together with all and singular the buildings and improvements, ways, streets, alleys, passages, waters, water courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever unto the said hereby granted premises belonging or in anywise appertaining and the reversions and remainders thereof.  To have and to hold the said described lot or piece of ground, hereditaments and premises hereby granted with the appurtenances unto the said Henry Hertz, his heirs and assigns, to the only proper use and behoof of the said Henry Hertz, his heirs and assigns forever, yielding and paying therefore and thereout unto the said Benjamin Davis, his heirs and assigns, the yearly rent or sum of fifty four dollars lawful silver money of the United States of America, each dollar weighing seventeen penny weights and six grams, at least, in equal half yearly payments on the first day of March and September in every year hereafter forever, without any deduction, defalcation or abatement for any taxes, charges or assessments whatsoever, to be assessed as well on the said hereby granted lot as on the said yearly rent hereby and thereout reserved the first half yearly payment thereto, to be made on the first day of March one thousand and eight hundred and fifty two.  And on default of paying the said yearly rent on the days and times and in manner aforesaid it shall and may be lawful for the said Benjamin Davis, his heirs and assigns, to enter into and when the said hereby granted premises or any part thereof and into the buildings therein erected or to be erected and to distrain for the said yearly rent so in arrear and unpaid and to proceed with and sell such distrained goods and effects according to the usual course of distresses for rent charges.  But if sufficient distress cannot be found upon the said hereby granted premises to satisfy the said yearly rent in arrear and the charges of levying the same then and in such case it shall and may be lawful for the said Benjamin Davis, his heirs and assigns into and upon the said hereby grated lot and all improvements wholly to reenter and the same to have again repossess and enjoy as in his and their first and former estate and title in the same and as though this indenture had never been made.  And the said Henry Hertz, for himself, his heirs, executors, administrators and assigns doth covenant, promise and agree to and with the said Benjamin Davis, his heirs and assigns by these presents that he, the said Henry Hertz, his heirs and assigns, by these presents that he, the said Henry Hertz, his heirs and assigns shall and will well and truly pay or cause to be paid to the said Benjamin Davis, his heirs and assigns, the aforesaid yearly rent or sum of fifty four dollars lawful silver money aforesaid, on the days and times hereinbefore mentioned and appointed for payment thereof without any deduction, defalcation or abatement for any taxes, charges

or assessments whatsoever, it being the express agreement of the said parties that the said Henry Hertz, his heirs and assigns, shall pay all taxes whatsoever that shall hereafter be laid, levied or assessed by virtue of any laws whatever, as well on the said hereby granted lot and buildings thereon erected or to be erected as on the said yearly rent now charged thereon.  Provided always nevertheless that if the said Henry Hertz, his heirs or assigns shall and do at any time hereafter pay or cause to be paid to the said Benjamin Davis, his heirs or assigns the sum of nine hundred dollars lawful money as aforesaid and the arrearages of the said yearly rent to the time of such payment, then the same shall forever thereafter cease and be extinguished and the covenant for payment thereof shall become void and then he, the said Benjamin Davis, his heirs or assigns, shall and will at the proper costs and charges in the law of the said grantee, his heirs or assigns, seal and execute a sufficient release and discharge of the said yearly rent hereby reserved to the said Henry Hertz, his heirs and assigns forever any thing hereinbefore contained to the contrary thereof, notwithstanding.  And the said Benjamin Davis for himself, his heirs, executors and administrators doth covenant, promise and agree to and with the said Henry Hertz, his heirs and assigns by these presents that he, the said Henry Hertz, his heirs and assigns, paying the said yearly rent or extinguishing the same and taxes and performing the covenants and agreements aforesaid shall and may at all times hereafter forever freely, peaceably and quietly have, hold and enjoy all and singular the premises hereby granted with the appurtenances and receive and take the rents and profits thereof without any molestation, interruption or eviction of him, the said Benjamin Davis or his heirs or of any other person or person whomsoever lawfully claiming or to claim by from or under him, them or any of them or by or with his, their or any of their act, means consent or procurement.  In witness whereof the said parties to these presents have hereunto interchangeably set their hands and seals the day and year first above written.

Benjamin Davis, Amelia Davis, Henry Hertz

Sealed and delivered in the presence of us – note the word “one” having been first stricken out on the fifth line from the top and the words “five hundred” interlined above – A. B. Davis, Charles G. Evans

Received the day of the date of the within Indenture of the within named Henry Hertz the sum of five hundred dollars such as within mentioned, being the full consideration money within specified.  Benjamin Daivs

Witness at signing Ph. Wagner

On the sixteenth day of August Anno Domini 1851 before one of the subscribers one of the aldermen of the County of Philadelphia, personally appeared the above named Benjamin Davis and Amelia his wife and Henry Hertz and in due form of law acknowledged the above Indenture to be their and each of their act and deed and desired the same might be recorded as such.  The said Amelia, being of full age and separate and apart from her said husband by me thereon privately examined and the full contents of the

above Indenture being by me first made known unto her did thereupon declare and say that she did voluntarily and of her own free will and accord sign, seal and as her act and deed, deliver the above Indenture Deed of Conveyance without any coercion or compulsion of her said husband, witness my hand and seal the day and year aforesaid.

Charles G. Evans, Ald.

Recorded August 18, 1851