Deed from William Draper Jr. and Elizabeth Staker Draper, 14 September 1836

  • Source Note
Page 428
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To Joseph Smth Jun.
This indenture made the fourteenth day of September in the year of our Lord One thousand Eight-hundred and thirty six between of the Town of and State of of the first part & Joseph Smith Jun. of the same place of the second part Witnesseth, that the said party of the first part for the consideration of two hundred dollars to him in hand paid by the said party of the second part the receipt whereof is hereby confessed and acknowledged has granted, bargained, sold, released, aliened & confirmed & by these presents does grant, bargain, sell, release, alien & confirm unto the said party of the second part & to his heirs and assigns the following described tract or Lot of Land situate in tract No two Township No. nine in the ninth Range of Townships in the in the State of & which is also in the County of & is known as part of Lot No twenty three and is bounded as follows to Wit, Beginning at <on> the northwest corner of a lot of Land owned by Rigdon Smith Cowdery & Co. and running South the length of said Rigdon, Smith, Cowdery & Co’s. west line; thence west twenty four rods; thence north on a line parallel with the first mentioned line & of equal length; thence East twenty four rods to the place of beginning, continuing thirteen acres & One fourth of an acre of Land.— To have and to hold the above granted and bargained premises with the appurtenances thereof unto him the said Joseph Smith Jun. his heirs and assigns forever to their own proper use and behoof. Provided always and these presents are upon this express condition that if the said party of the first part his heirs executors or administrators do & shall well and truly pay or cause to be paid unto the said party of the second part his certain Attorney or Attornies, heirs executors, administrators or assigns the sum of Two hundred dollars in the manner particularly specified in the condition of a certain Obligation bearing even the date herewith executed by the said party of the first part to the said party of the second part, that then these presents and every thing herein contained shall cease and be Void any thing herein contained to the contrary <in any wise> notwithstanding but in case default shall be made in the payment of all or any part of said principal sum of two hundred dollars or the interest thereof at the time or times when the same ought to be paid as aforesaid, that then and in such case the said party of the first part for himself his heirs, executors, & administrators does covenant, grant promise & agree to and with the said party of the second part his heirs and executors administrators & assigns that it shall and may be lawful for the said party of the second part his heirs executors, admininstrators, or assigns at any time or times, thereafter to sell and dispose of the said premises hereby granted or any part or parts thereof at public vendue, to any persons whomsoever, & on such sale to make sign seal & deliver any deed or deeds of conveyance in the Law, for said premises or the part thereof so sold to the purchasor or purchasers, his her or their heirs & assigns forever And out of the moneys arising from such sale or sales, to keep & retain in his hands the said two hundred dollars with the interest then due together with all costs charges & expenses that shall or may be due, accrue, arise or happen, by reason or on account of such sale or sales, and the overplus money (if there be any) shall when demanded be paid to said party of the first part his heirs, executors, administrators or assigns In witness whereof the said party of the first part, has hereunto set his hand and seal the day and year first before within.
Seal
X <her mark> Elizabeth [Staker] Draper Seal
In presence of)
, )
The State of Ohio)
ss)
Personally appeared and Elizabeth Draper to me personally known as the signers and sealers of the above instrument, and acknowledged that they did voluntarily sign and seal the same and that the same is their free act and deed. I having fully made known and explained to the said Elizabeth Draper the contents of the above deed, and having likewise examined her separate & [p. 428]
To Joseph Smth Jun.
This indenture made the fourteenth day of September in the year of our Lord One thousand Eight-hundred and thirty six between of the Town of and State of of the first part & Joseph Smith Jun. of the same place of the second part Witnesseth, that the said party of the first part for the consideration of two hundred dollars to him in hand paid by the said party of the second part the receipt whereof is hereby confessed and acknowledged has granted, bargained, sold, released, aliened & confirmed & by these presents does grant, bargain, sell, release, alien & confirm unto the said party of the second part & to his heirs and assigns the following described tract or Lot of Land situate in tract No two Township No. nine in the ninth Range of Townships in the in the State of & which is also in the County of & is known as part of Lot No twenty three and is bounded as follows to Wit, Beginning on the northwest corner of a lot of Land owned by Rigdon Smith Cowdery & Co. and running South the length of said Rigdon, Smith, Cowdery & Co’s. west line; thence west twenty four rods; thence north on a line parallel with the first mentioned line & of equal length; thence East twenty four rods to the place of beginning, continuing thirteen acres & One fourth of an acre of Land.— To have and to hold the above granted and bargained premises with the appurtenances thereof unto him the said Joseph Smith Jun. his heirs and assigns forever to their own proper use and behoof. Provided always and these presents are upon this express condition that if the said party of the first part his heirs executors or administrators do & shall well and truly pay or cause to be paid unto the said party of the second part his certain Attorney or Attornies, heirs executors, administrators or assigns the sum of Two hundred dollars in the manner particularly specified in the condition of a certain Obligation bearing even the date herewith executed by the said party of the first part to the said party of the second part, that then these presents and every thing herein contained shall cease and be Void any thing herein contained to the contrary in any wise notwithstanding but in case default shall be made in the payment of all or any part of said principal sum of two hundred dollars or the interest thereof at the time or times when the same ought to be paid as aforesaid, that then and in such case the said party of the first part for himself his heirs, executors, & administrators does covenant, grant promise & agree to and with the said party of the second part his heirs and executors administrators & assigns that it shall and may be lawful for the said party of the second part his heirs executors, admininstrators, or assigns at any time or times, thereafter to sell and dispose of the said premises hereby granted or any part or parts thereof at public vendue, to any persons whomsoever, & on such sale to make sign seal & deliver any deed or deeds of conveyance in the Law, for said premises or the part thereof so sold to the purchasor or purchasers, his her or their heirs & assigns forever And out of the moneys arising from such sale or sales, to keep & retain in his hands the said two hundred dollars with the interest then due together with all costs charges & expenses that shall or may be due, accrue, arise or happen, by reason or on account of such sale or sales, and the overplus money (if there be any) shall when demanded be paid to said party of the first part his heirs, executors, administrators or assigns In witness whereof the said party of the first part, has hereunto set his hand and seal the day and year first before within.
Seal
X her mark Elizabeth Staker Draper Seal
In presence of)
, )
The State of Ohio)
ss)
Personally appeared and Elizabeth Draper to me personally known as the signers and sealers of the above instrument, and acknowledged that they did voluntarily sign and seal the same and that the same is their free act and deed. I having fully made known and explained to the said Elizabeth Draper the contents of the above deed, and having likewise examined her separate & [p. 428]
Page 428