Transcript of Proceedings, circa 18 March 1844 [Russell v. JS et al.]

  • Source Note
Page 108
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and four hundreths of an acre being the same land deeded by said to said Smith, , and be the same more or less but subject to all legal Highways, to have and to hold the above granted and bargained premises with the appurttances [appurtenances] thereof unto him the said his heirs and assigns forever to him and his own proper use and behoof and we the said Joseph Smith Jr. and do for ourselves and our heirs executors and administrators covenant with the said his heirs and assigns that at and until the ensealing of these presents we are well seized of the premises as a good and indefeasible estate in fee simple and have good right to bargain and sell the same in manner and form as above written and that the same be free all incumbrances whatsoever, and furthermore we the said Joseph Smith Jr and do by these presents bind ourselves and our heirs forever to warrant and defend the above granted and bargained premises to him the said his heirs and assigns against all lawful claims and demands whatsoever and we the said , Abigail Bump and Thirza Cahoon do hereby remise release and forever quit claim unto the said his heirs and assigns all our right and title of dower in the above described premises. the condition of this deed is such that whereas the said Joseph Smith Jr. and have executed and delivered to the said their six joint and several notes of hand bearing even date with these presents, five of which notes are for the sum of one thousand Dollars each and one for six thousand nine Hundred and four Dollars and all with interest to be paid annually and the principal to be paid one thousand 1837 one thousand 1838, one thousand 1839, one thousand 1840 one thousand 1841 and six thousand nine Hundred and four Dollars in 1842 and all on the first day of sixth month in Each year with the interest annually on all Now if the said Joseph Smith Jr & their heirs assigns executors or administrators shall well and truly pay the aforesaid several notes of hand according to the tenor thereof to the said his heirs or assigns then the above deed shall be void otherwise to remain in full force and virtue. Witness whereof we have hereunto set our hands and the tenth day of tenth month, in the year of our Lord one thousand eight Hundred and thirty six.
Joseph Smith Jr seal
seal
Abigail Bump seal
Thirza Cahoon
Signed sealed and delivered in presence of
The State of Ohio)
ss. [scilicet])
October 10, 1836
Personally appeared Joseph Smith Jr. and who acknowledged that they did sign and seal the within instrument and that the same is their free act and I further certify that I did examine the said [p. 108]
and four hundreths of an acre being the same land deeded by said to said Smith, , and be the same more or less but subject to all legal Highways, to have and to hold the above granted and bargained premises with the appurttances [appurtenances] thereof unto him the said his heirs and assigns forever to him and his own proper use and behoof and we the said Joseph Smith Jr. and do for ourselves and our heirs executors and administrators covenant with the said his heirs and assigns that at and until the ensealing of these presents we are well seized of the premises as a good and indefeasible estate in fee simple and have good right to bargain and sell the same in manner and form as above written and that the same be free all incumbrances whatsoever, and furthermore we the said Joseph Smith Jr and do by these presents bind ourselves and our heirs forever to warrant and defend the above granted and bargained premises to him the said his heirs and assigns against all lawful claims and demands whatsoever and we the said , Abigail Bump and Thirza Cahoon do hereby remise release and forever quit claim unto the said his heirs and assigns all our right and title of dower in the above described premises. the condition of this deed is such that whereas the said Joseph Smith Jr. and have executed and delivered to the said their six joint and several notes of hand bearing even date with these presents, five of which notes are for the sum of one thousand Dollars each and one for six thousand nine Hundred and four Dollars and all with interest to be paid annually and the principal to be paid one thousand 1837 one thousand 1838, one thousand 1839, one thousand 1840 one thousand 1841 and six thousand nine Hundred and four Dollars in 1842 and all on the first day of sixth month in Each year with the interest annually on all Now if the said Joseph Smith Jr & their heirs assigns executors or administrators shall well and truly pay the aforesaid several notes of hand according to the tenor thereof to the said his heirs or assigns then the above deed shall be void otherwise to remain in full force and virtue. Witness whereof we have hereunto set our hands and the tenth day of tenth month, in the year of our Lord one thousand eight Hundred and thirty six.
Joseph Smith Jr seal
seal
Abigail Bump seal
Thirza Cahoon
Signed sealed and delivered in presence of
The State of Ohio)
ss. scilicet)
October 10, 1836
Personally appeared Joseph Smith Jr. and who acknowledged that they did sign and seal the within instrument and that the same is their free act and I further certify that I did examine the said [p. 108]
Page 108