, Bond for Property in , IL, to , JS, and , 12 Aug. 1839. Featured version copied 4 Sept. 1839 in Hancock County Deed Record, 1817–1917, vol. 12 G, pp. 299–300; unidentified handwriting. Includes cancellation notation. For more complete source information, see the source note for Bond from Horace Hotchkiss, 12 Aug. 1839–A.
Historical Introduction
On 12 August 1839, produced a bond outlining the sale of 89½ acres in the vicinity of , Illinois, to JS, , and . This bond is one of two that Hotchkiss prepared that day to formalize land transactions with the . The bond featured here was for land that Hotchkiss had arranged to purchase from but had not yet paid for. Hotchkiss agreed that JS and his could buy the land, which he held a claim to, if they paid both him and White. In connection with this bond, the First Presidency signed three promissory notes totaling $3,500. Two of the notes were for $1,250 each—one due in five years and another due in ten years—and were given to Hotchkiss. The third note—for $1,000—was signed by the three men and given to White. No due date was specified for this note, but a receipt that White made indicates the note was paid by April 1840, and White gave the First Presidency a deed for the specified land several months later. The two notes given to Hotchkiss were renegotiated on 23 October 1840, with JS and his counselors providing Hotchkiss a new promissory note for $2,500 due in eight months. Because White had been paid and Hotchkiss’s notes were renegotiated, the bond was officially canceled on 23 October 1840.
A bond was canceled when the terms were fulfilled or when the parties involved agreed to terminate it. In the case of the bond featured here, the payments had been made or arranged and Hotchkiss provided JS and his counselors with a deed indicating fulfillment of the agreement with White and Hotchkiss.
Page 300
and I further agree and bind myself to give unto said and Smiths an indisputable title to the following property namely the South half of the North East quarter of Section number two in township Six North and in Range nine West of the fourth principal Meridian (Reserving from this said tract of Land half of one Acre for a burying ground) Also about ten Acres running from the last described tract to the and bounded North on Charles Munson and South on and for the above described property or Lots of Land I have received as a consideration two Notes of twelve hundred and Fifty Dollars each with interest one payable in Five years and the other payable in ten Years and of is also to receive from said and Smiths One Thousand dollars to be paid in such manner as shall be satisfactory to said . Now if the said and Smiths shall pay or cause to be paid the aforesaid Notes according to their tenor and also the Thousand dollars to said then I do hereby bind myself my heirs executors administrators and assigns to deliver to said and Smiths or their assigns a perfect and absolute Warrantee Deed of all the property (except half an acre) described in this instrument together with all the privileges and appurtenances thereunto in any way appurtaining belonging
<Fee $0.75> In Witness Whereof I have hereunto set my hand & seal this 12th day of August 1839
Recorded 4th Sept 1839
23 Octo 1840
The Within Bond is hereby cancelled and Surrendered to in consequence of getting a Deed from Mr. for the Same Land which is described in Said Bond.