Deed, 27 May 1842 [Halsted, Haines & Co. v. Granger et al.]

  • Source Note
Page 248
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which writ last named was returnable at the September Term AD 1841 & was delivered to me Erastus Spencer, then & still Sheriff of said ; by virtue of which, I, on the 21st day of August AD 1841 caused a notice to be published, & the same was published in the Geauga Freeman, a newspaper printed in said County of & in general circulation therein for more than thirty days next preceding the day of sale therein named, that I should offer said lands for sale at public vendue, at the Court House in in said County of , on the twenty first day of September AD 1841 between the hours of ten Oclock AM and four Oclock PM of said day; at which time & place pursuant to said notice, I offered all of said lands for sale at public vendue, and then & there struck off and sold to William M Halstead, said Lot No one Block 113 for the sum of three hundred & thirty four dollars, then & there bid by him by his Attorney therefor, being the highest bid offered for said lot and more than two thirds its appraised value; And I also struck off and sold to said William M Halstead the four acre piece in lot No four tract No one herein before described, on his bid then & there made by his said for twenty seven dollars being the highest bid therefor and more two thirds the appraised value thereof; And I also then & there offered for sale said other lands, and amongst them the following piece or parcel of land situate in said bounded as follows Beginning at the north west corner of land owned by in the center of the Chilicothe Road, running thence easterly on s south line, twenty rods to a post; thence south four rods; thence westerly twenty rods to the centre of said road; thence northerly in the centre of said road to the place of begining, containing one half an acre, being in lot No 44 and being one of the parcels of said lands, by me levied on by virtue of said fieri facias, not herein before described, and which was appraised, by said appraisers herein before named, on said writ of fieri facias & returned in their said appraisement in writing, at one hundred & fifty dollars; And I then & there struck off and sold said last mentioned piece or parcel of land to said William M Halstead at & for the sum of one hundred dollars bid by him therefor by his said Attorney being the highest & only bid offered for the same and two thirds the appraised value thereof. And I made return of said writ to said Court at their September Term AD 1841 with my official return of my said proceedings therein annexed to the same, which return so far as concerns the lands above described, is substantially herein before recited, and I submitted the same, with all matters touching said levy & sale to the said Court, who made an order and caused the same to be entered on their journal, and did thereby approve & confirm said proceedings & sale & did order me to execute & deliver to said purchaser a good & sufficient deed of conveyance of said lands so sold to him; all which will more fully appear by the records, files, & journal entries of said court; Now therefore Know ye that I Erastus Spencer Sheriff as aforesaid by virtue of the authority in me vested by said proceedings herein before recited; and especially said last mentioned order of Court; and in consideration of said several sums of money, amounting in all to four hundred & sixty one dollars received of said William M Halstead, do, in my said official capacity, give, grant, bargain, convey and confirm unto the said William M Halstead his heirs & assigns the three several lots & parcels of land hereinbefore particularly described and so struck off & sold to him as aforesaid with all the privileges & appurtenances thereof, and all the estate right title, claim & interest of the said defendants, and each & every of them, in & to the same and every part thereof, in as full & ample a manner as I the said Sheriff, by law & by virtue of said proceedings & order of Court can or ought to carry the same. To have and to hold the same to the said William M Halstead his heirs & assigns forever, to his & their use and behoof forever. In witness whereof I the said Sheriff have hereunto officially set my name and seal this twenty seventh day of May AD 1842.
Erastus Spencer Shff seal
Signed, sealed & delivered in presence of)
A G Riddle)
Alfred Phelps)
The State of Ohio)
ss [scilicet])
Be it remembered that on this 27th day of May AD 1842 before the subscriber a Notary Public in & for said , personally came Erastus Spencer Sheriff of the County of aforesaid, and acknowledged that he as Sheriff as aforesaid signed sealed & delivered the foregoing deed, and that the same in his said official capacity is his free act & deed. In testimony of which I hereto at in said set my name officially & notarial seal the date above written.
LS
Alfred Phelps Notary Public
Benj D Chesney Recorder
Received Jany 20th 1844 & Recorded Jany 23d 1844. [p. 248]
which writ last named was returnable at the September Term AD 1841 & was delivered to me Erastus Spencer, then & still Sheriff of said ; by virtue of which, I, on the 21st day of August AD 1841 caused a notice to be published, & the same was published in the Geauga Freeman, a newspaper printed in said County of & in general circulation therein for more than thirty days next preceding the day of sale therein named, that I should offer said lands for sale at public vendue, at the Court House in in said County of , on the twenty first day of September AD 1841 between the hours of ten Oclock AM and four Oclock PM of said day; at which time & place pursuant to said notice, I offered all of said lands for sale at public vendue, and then & there struck off and sold to William M Halstead, said Lot No one Block 113 for the sum of three hundred & thirty four dollars, then & there bid by him by his Attorney therefor, being the highest bid offered for said lot and more than two thirds its appraised value; And I also struck off and sold to said William M Halstead the four acre piece in lot No four tract No one herein before described, on his bid then & there made by his said for twenty seven dollars being the highest bid therefor and more two thirds the appraised value thereof; And I also then & there offered for sale said other lands, and amongst them the following piece or parcel of land situate in said bounded as follows Beginning at the north west corner of land owned by in the center of the Chilicothe Road, running thence easterly on s south line, twenty rods to a post; thence south four rods; thence westerly twenty rods to the centre of said road; thence northerly in the centre of said road to the place of begining, containing one half an acre, being in lot No 44 and being one of the parcels of said lands, by me levied on by virtue of said fieri facias, not herein before described, and which was appraised, by said appraisers herein before named, on said writ of fieri facias & returned in their said appraisement in writing, at one hundred & fifty dollars; And I then & there struck off and sold said last mentioned piece or parcel of land to said William M Halstead at & for the sum of one hundred dollars bid by him therefor by his said Attorney being the highest & only bid offered for the same and two thirds the appraised value thereof. And I made return of said writ to said Court at their September Term AD 1841 with my official return of my said proceedings therein annexed to the same, which return so far as concerns the lands above described, is substantially herein before recited, and I submitted the same, with all matters touching said levy & sale to the said Court, who made an order and caused the same to be entered on their journal, and did thereby approve & confirm said proceedings & sale & did order me to execute & deliver to said purchaser a good & sufficient deed of conveyance of said lands so sold to him; all which will more fully appear by the records, files, & journal entries of said court; Now therefore Know ye that I Erastus Spencer Sheriff as aforesaid by virtue of the authority in me vested by said proceedings herein before recited; and especially said last mentioned order of Court; and in consideration of said several sums of money, amounting in all to four hundred & sixty one dollars received of said William M Halstead, do, in my said official capacity, give, grant, bargain, convey and confirm unto the said William M Halstead his heirs & assigns the three several lots & parcels of land hereinbefore particularly described and so struck off & sold to him as aforesaid with all the privileges & appurtenances thereof, and all the estate right title, claim & interest of the said defendants, and each & every of them, in & to the same and every part thereof, in as full & ample a manner as I the said Sheriff, by law & by virtue of said proceedings & order of Court can or ought to carry the same. To have and to hold the same to the said William M Halstead his heirs & assigns forever, to his & their use and behoof forever. In witness whereof I the said Sheriff have hereunto officially set my name and seal this twenty seventh day of May AD 1842.
Erastus Spencer Shff seal
Signed, sealed & delivered in presence of)
A G Riddle)
Alfred Phelps)
The State of Ohio)
ss scilicet)
Be it remembered that on this 27th day of May AD 1842 before the subscriber a Notary Public in & for said , personally came Erastus Spencer Sheriff of the County of aforesaid, and acknowledged that he as Sheriff as aforesaid signed sealed & delivered the foregoing deed, and that the same in his said official capacity is his free act & deed. In testimony of which I hereto at in said set my name officially & notarial seal the date above written.
LS
Alfred Phelps Notary Public
Benj D Chesney Recorder
Received Jany 20th 1844 & Recorded Jany 23d 1844. [p. 248]
Page 248