Transcript of Proceedings, between 21 October 1843 and 6 February 1844 [Clayton v. E. W. Rhodes et al.]

  • Source Note
  • Historical Introduction
Page [445]
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and twenty nine and a half of the North East quarter of section Eight in Township six north range eight west of the principal meridian— also twenty four acres in the south west corner of the North west quarter of section nine township and range as above and am to receive on payment for the same fifteen hundred and thirty five Dollars in manner following, to wit, One hundred Dollars in hand the receipt whereof is hereby acknowledged Two hundred on the sixth day of October next, seven hundred payable on the first day of November next, and the remainder of five Hundred and thirty five Dollars on the first day of May next; all bearing interest interest from the date hereof as expressed on the several notes given. Now if the said Joseph Smith his heirs executors or administrators shall well and truly pay or cause to be paid the amount of said notes with such interest as may accrue thereon, according to the tenor and effect thereof, the said Erie Rhodes binds himself his heirs and executors and administrators to make or cause to be made to the said Joseph Smith his heirs and assigns a good and sufficient warranty for the above described land— and then this Bond to become null and void otherwise to be and remain in full force and virtue Given under my hand and seal this sixteenth day of September in the year of our Lord one thousand eight hundred and forty one
Erie Rhodes L S
In presence of
P S. It is the express understanding that should the within Land Should not hold out according to the number of acres therein described the said Rhodes is to refund at the rate of ten Dollars per acre for all that it may fall short and should it overrun, the same is to be made up at the same rates by the sd Smith
Erie Rhodes seal
witness
and your states that the said one hundred and twenty nine and a half of the North East quarter of section Eight in Township six north Range Eight west of the principal meridian in said Bond mentioned was, at the time of making said Bond understood and intended to be the said North East quarter of section Eight in Township six North Range eight west of the fourth principal meridian in the county of except about thirty seven acres out of the South west corner of said quarter section and hundred as follows commencing at the south west corner of said quarter section thence Eighty rods East thence seventy four rods North thence Eighty rods west thence seventy four rods south to the place of beginning. Your further states that all of said land lies in the said county of and that the whole consideration mentioned in said Bond and the interest thereon has been fully paid by the said Joseph Smith and Your to the said Erie Rhodes in his lifetime and to the lawful administrator of said Rhodes since his decease and the full amount due on the notes in said Bond specified, that the full and entire interest in said Bond and the equity by virtue of said Bond to the said lands therein mentioned is fully and entirely vetted in your by lawful assignment in writing, on the back of said Bond duly made on or about the eleventh day of October A D 1841, by the said Joseph Smith to your for a valuable consideration as in said assignment as expressed, all of which will more fully appear by reference to said Bond and the endorsements and written assignment therein here shown to your Honor in open Court. Your would further state that the said Erie Rhodes after the of said Bond and upon the time specified therein for the making and delivering of a deed for the premises therein mentioned died intestate— without having executed & delivered a Deed for the lands mentioned [p. [445]]
and twenty nine and a half of the North East quarter of section Eight in Township six north range eight west of the principal meridian— also twenty four acres in the south west corner of the North west quarter of section nine township and range as above and am to receive on payment for the same fifteen hundred and thirty five Dollars in manner following, to wit, One hundred Dollars in hand the receipt whereof is hereby acknowledged Two hundred on the sixth day of October next, seven hundred payable on the first day of November next, and the remainder of five Hundred and thirty five Dollars on the first day of May next; all bearing interest interest from the date hereof as expressed on the several notes given. Now if the said Joseph Smith his heirs executors or administrators shall well and truly pay or cause to be paid the amount of said notes with such interest as may accrue thereon, according to the tenor and effect thereof, the said Erie Rhodes binds himself his heirs and executors and administrators to make or cause to be made to the said Joseph Smith his heirs and assigns a good and sufficient warranty for the above described land— and then this Bond to become null and void otherwise to be and remain in full force and virtue Given under my hand and seal this sixteenth day of September in the year of our Lord one thousand eight hundred and forty one
Erie Rhodes L S
In presence of
P S. It is the express understanding that should the within Land Should not hold out according to the number of acres therein described the said Rhodes is to refund at the rate of ten Dollars per acre for all that it may fall short and should it overrun, the same is to be made up at the same rates by the sd Smith
Erie Rhodes seal
witness
and your states that the said one hundred and twenty nine and a half of the North East quarter of section Eight in Township six north Range Eight west of the principal meridian in said Bond mentioned was, at the time of making said Bond understood and intended to be the said North East quarter of section Eight in Township six North Range eight west of the fourth principal meridian in the county of except about thirty seven acres out of the South west corner of said quarter section and hundred as follows commencing at the south west corner of said quarter section thence Eighty rods East thence seventy four rods North thence Eighty rods west thence seventy four rods south to the place of beginning. Your further states that all of said land lies in the said county of and that the whole consideration mentioned in said Bond and the interest thereon has been fully paid by the said Joseph Smith and Your to the said Erie Rhodes in his lifetime and to the lawful administrator of said Rhodes since his decease and the full amount due on the notes in said Bond specified, that the full and entire interest in said Bond and the equity by virtue of said Bond to the said lands therein mentioned is fully and entirely vetted in your by lawful assignment in writing, on the back of said Bond duly made on or about the eleventh day of October A D 1841, by the said Joseph Smith to your for a valuable consideration as in said assignment as expressed, all of which will more fully appear by reference to said Bond and the endorsements and written assignment therein here shown to your Honor in open Court. Your would further state that the said Erie Rhodes after the of said Bond and upon the time specified therein for the making and delivering of a deed for the premises therein mentioned died intestate— without having executed & delivered a Deed for the lands mentioned [p. [445]]
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