to take twelve hundred acres of land part and parcel of 
the undivided interest of the said party of the first part in the
tract of land above mentioned and described, instead of the said twelve
hundred dollars which same twelve hundred acres of land were to have
been located and surveyed at the proper cost and charge of the said party
of the first part, by Henry Washington, Horace Merry and David Burr
or any two of them, commissioners then lately appointed by the Superior
Court of the District of East Florida, to survey and partition the said
grant or tract of 289.645 5/7 acres amongst the respective owners thereof,
the said twelve hundred acres of land to be of an equal average quality
and value, with the whole of the said tract, and the said party
of the first part there to wit; on the Said thirteenth day of September
in the Said year 1845, agreed to and with the said party of the
second part, that he the said party of the first part would have the
Said twelve hundred acres of land located and Surveyed as aforesaid,
at his own proper cost and charges and that the same should be of
an equal average quality and value with the residue of the said tract
and that he the said party of the first part, would make to
the said party of the second part his heirs or assigns, a good and
valid title deed of general warrantee in fee Simple therefore within
twelve months from the said date, all of which will more fully
appear by reference to a written agreement made and executed by and
between the said parties under their hands and Seals, bearing date at
St. Augustine aforesaid, on the said thirteenth day of September,
in the Said year 1845, and now in the hands of the said party
of the second part, And whereas it became and was impossible
for the said party of the first part, to comply with or fulfill his
Said agreement, and Still continues to be impossible for himself
to day (as the partition of said grant has not yet been
made and perfected, in consequence of which the said sum
of twelve hundred dollars remains due and owing from the Said
party of the first to the said party of the second part, together
with interest-thereon from the expiration of the term of
twelve months from the date of the said agreement to wit;
from the said thirteenth day of September in the year 1846
at the rate of Six per centum per annum, Now the condition
of this indenture is, that if the said party of the first part
his heirs or assigns shall cause the Same twelve hundred acres of
land to be located and Surveyed and divided from the residue
of the said tract at his or their proper cost and charges, and to be
of an average equal quality and value with the residue of
the same tracts and shall make execute and deliver to
the said party of the Second part a good and valid title deed