In 1766, a partition of the middle and west patent took place, (in pursuance of an act of the Lieutenant-Governor, the Council and General Assembly of the colony of New York, passed on the eighth day of January, 1762,) " for the more effectual collecting of his majesty's quit-rents." Upon the 23d day of June, 1766, the several allotments were balloted for, and sold to numerous individuals.

Upon the 21st of April, 1769, occurs a release between Caleb Fowler and Joseph Sutton, both of the West Patent of North Castle of the first part, and Benjamin Smith of the same of the second part, which release recites Patent of 14th of February, 1701, to Robert Walters and others and thus continues :

"Know ye that we the above named, Caleb Fowler, Joseph Sutton and Benjamin Smith, did make a purchase of a great part of the above said tract of land as by a general release may appear bearing date the seventh day of June, one

a County Rec. Book n, p. 310.

THE TOWN OF NORTH CASTLE.

thousand seven hundred and sixty -three, reference being thereunto had may more fully and largely be made appear, wherein is grauted unto us the said Caleb Fowler, Joseph Sutton and Benjamin Smith, and our associates, a great part of •said trac t of land. Now this indenture witnesseth that for and in consideration of the sum of one hundred and sixty-nine pounds of good and lawful money of the province of New York, well and truly paid by the said Benjamin Smith which is his proportionable part or share of money paid for the above said tract of laud ; we the said Caleb Fowler and Joseph Sutton doth acknowledge by these presents and therefore by these presents, give, grant and release unto him the said Benjamin Smith, his heirs and assigns, all that certain part of the above recited tract of land containing four huudred acres, two hundred and twelve acres where he the said Benjamin Smith now lives and one hundred and eighty-eight acres at Shapequau where his son, Abel Smith, now lives, all situate and being in the above said Patent, and also his equal share iu all and every part and parcell of the above said tract of land which was purchased as above said wliich we have now in possession and that may be found belonging to the said West Patent of North Castle.