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

  • Source Note
  • Historical Introduction
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& others pr Sheriff to William M Halstead [Halsted] Deed.
To all people to whom these presents shall come Greeting, Whereas William M Halstead , Richard J Thorne, Matthias O Halstead [Halsted] & , did, on the sixteenth day of April AD 1839, before the Court of Common Pleas for the County of in the State of , in a certain action of assumpsit, before that time brought by them in said Court, recover judgment against , William Foster & defendants in said suit, for the sum of Two thousand three hundred & thirty seven dollars & twenty five cents damages, and seventeen dollars & twenty four cents costs of suit, as appears of record; And whereas such proceedings were afterwards had in said judgment, that a writ of Alias fieri facias issued out of said Court therein, on the first day of March AD 1841, directed to the Sheriff of said commanding him, as before he had been commanded, that of the goods & chattels of said defendants, and, for want of goods & chattels, then of the lands and tenements of said defendants, he should cause to be made the damages & costs aforesaid, and have the monies before said Court on the first day of their next term; which writ was delivered to me Erastus Spencer, then & still being Sheriff of said County of ; by virtue of which I, on the 9th day of March AD 1841, levied the same in divers parcels & lots of land, among which, on the following parcels tracts & lots of land all situate in the township of , formerly in , now, in Lake County; State of being township No. 9 in the 9th Range of the viz on Lot No. one in Block No. 113 in the village or City of , reference to be had to the Plat of the City of for further description; also four acres in Lot No Four tract one of said Township, formerly owned by , bounded on the south by land owned by Christopher Dixon; on the west, by lands owned by Charles Whitney; and at the same time caused the same, with said other lands to be appraised, by three disinterest resident freeholders of said , to wit; Eliahim Brown, Nathan Daggett & L A Moody, who were by me duly sworn, & then & there appraised said lot No one Block 113 at Five hundred dollars, on actual view, and said four acre piece at Forty dollars, on actual view, and returned to me their said appraisal, with their appraisal of the other lands levied upon by virtue of said writ, in writing under their hands & seals a copy of which I forthwith deposited in the Office of the of said Court; and I did not advertise any of said lands for sale for want of time; and I made return of said writ to said Court, on the first day of their next term, to wit; their April Term AD 1841, with my official return of my proceedings <​aforesaid​> thereto annexed, the substance of which return is hereinbefore recited so far as respects the lands above particularly described, in setting forth my said proceedings And whereas afterwards, to wit, on the 7th day of May AD 1841, a writ of venditioni exponas issued out of said Court on said judgment, directed & delivered to me as Sheriff of said , by virtue of which I advertised & offered said lands for sale at public vendue, & no person bidding I returned the same into said Court at their June Term AD 1841 with my official return thereto annexed, that I had advertised & exposed said lands for sale at vendue & the same remained unsold for want of bidders. And whereas, afterwards, on the 7th day of August 1841, an alias writ of venditioni exponas issued out of said Court on said judgment, directed to the Sheriff of said , commanding him to expose the said lands above described, with said other lands levied upon, for sale at public vendue agreeably to law [p. 247]
& others pr Sheriff to William M Halstead [Halsted] Deed.
To all people to whom these presents shall come Greeting, Whereas William M Halstead , Richard J Thorne, Matthias O Halstead [Halsted] & , did, on the sixteenth day of April AD 1839, before the Court of Common Pleas for the County of in the State of , in a certain action of assumpsit, before that time brought by them in said Court, recover judgment against , William Foster & defendants in said suit, for the sum of Two thousand three hundred & thirty seven dollars & twenty five cents damages, and seventeen dollars & twenty four cents costs of suit, as appears of record; And whereas such proceedings were afterwards had in said judgment, that a writ of Alias fieri facias issued out of said Court therein, on the first day of March AD 1841, directed to the Sheriff of said commanding him, as before he had been commanded, that of the goods & chattels of said defendants, and, for want of goods & chattels, then of the lands and tenements of said defendants, he should cause to be made the damages & costs aforesaid, and have the monies before said Court on the first day of their next term; which writ was delivered to me Erastus Spencer, then & still being Sheriff of said County of ; by virtue of which I, on the 9th day of March AD 1841, levied the same in divers parcels & lots of land, among which, on the following parcels tracts & lots of land all situate in the township of , formerly in , now, in Lake County; State of being township No. 9 in the 9th Range of the viz on Lot No. one in Block No. 113 in the village or City of , reference to be had to the Plat of the City of for further description; also four acres in Lot No Four tract one of said Township, formerly owned by , bounded on the south by land owned by Christopher Dixon; on the west, by lands owned by Charles Whitney; and at the same time caused the same, with said other lands to be appraised, by three disinterest resident freeholders of said , to wit; Eliahim Brown, Nathan Daggett & L A Moody, who were by me duly sworn, & then & there appraised said lot No one Block 113 at Five hundred dollars, on actual view, and said four acre piece at Forty dollars, on actual view, and returned to me their said appraisal, with their appraisal of the other lands levied upon by virtue of said writ, in writing under their hands & seals a copy of which I forthwith deposited in the Office of the of said Court; and I did not advertise any of said lands for sale for want of time; and I made return of said writ to said Court, on the first day of their next term, to wit; their April Term AD 1841, with my official return of my proceedings aforesaid thereto annexed, the substance of which return is hereinbefore recited so far as respects the lands above particularly described, in setting forth my said proceedings And whereas afterwards, to wit, on the 7th day of May AD 1841, a writ of venditioni exponas issued out of said Court on said judgment, directed & delivered to me as Sheriff of said , by virtue of which I advertised & offered said lands for sale at public vendue, & no person bidding I returned the same into said Court at their June Term AD 1841 with my official return thereto annexed, that I had advertised & exposed said lands for sale at vendue & the same remained unsold for want of bidders. And whereas, afterwards, on the 7th day of August 1841, an alias writ of venditioni exponas issued out of said Court on said judgment, directed to the Sheriff of said , commanding him to expose the said lands above described, with said other lands levied upon, for sale at public vendue agreeably to law [p. 247]
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