Deed, 23 November 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]

  • Source Note
  • Historical Introduction

Document Transcript

To all people to whom these presents shall come Greeting:—
Whereas Thomas Underwood, , Asa Spencer & Samuel Hufty, did, on the 16th day of April A.D. 1839, before the Court of Common Pleas for the County of in the State of recover judgment against , Joel Mc.Wythy [McWithey], Joseph Smith Junr., Eliphalet Boynton, , , , , , , Chauncey G. Webb and , defendants, in a certain action of , before that time brought by the said Underwood, , Spencer & Hufty, plaintiffs against said defendants, & then tried in said Court, for the sum of One thousand six hundred & forty one dollars & sixty three cents damages, and twenty dollars and ninety two cents costs of suit, as appears of record in said Court:—
And whereas, afterwards, to wit: on the 29th day of April A.D. 1839, a writ of issued, out of said Court, on said judgment, directed to the of said , commanding him that of the goods & chattels, and, for want thereof, of the lands & tenements of said defendants, he should cause to be made the damages & costs aforesaid, and have the monies before the said Court, at , at the June Term A.D. 1839— which writ was delivered to 2d Esquire then being Sheriff of said , for ; which writ the said returned into said Court, at their June Term A.D. 1839, with his official report, or return of his proceedings thereon annexed to said writ, setting forth that by virtue thereof, & for want of goods & chattels, he levied the same on divers lots pecies & parcels of land, on the 20th. May 1839, particularly described in said return, among which, on the following lot, or parcel of land, to wit: Lot No Eight in Block No 113 in City plat, so called as surveyed by W. W. Beals Surveyor, excepting sixteen square rods in a square form at the north end of said lot; that he at the same time caused said lands to be appraised, and advertised and offered the same for sale at public vendue and the same remained unsold for want of bidders:— And whereas divers writs of were issued on said judgment & delivered to said and severally. by him returned as to said land above described unsold for want of bidders and such proceedings had on said judgment that at the June Term of said Court A.D. 1840, the said Court ordered a new appraisal of said lands, and afterwards, to wit: on the 25th day of July A.D. 1840 [p. [1]] a writ of issued out of said Court on said judgment, directed to the of said , commanding him to cause said lands to be reappraised, and, as before to expose the same to sale at public vendue, and have the monies before said Court, at their October Term A.D. 1840, which said writ the said , to wit: 2d then being Shff of said to whom the same was delivered, returned into said Court, with his official return of his proceedings thereon, at the October Term A.D. 1840, which return set forth that, by virtue of said writ, he on the 8th. day of August A.D. 1840 caused three of the parcels of said lands levied on to be appraised by three disinterested freeholders, one of which parcels was the lot herein— before described, the said freeholders residents of the County of Lake which at the time of said levy was who being by him duly sworn & on actual view, did appraise said Lot No 8 above described, excepting the 16 rods aforesaid, at Three hundred dollars, and returned to him their said appraisal, render their hands & seals, a copy of which he forthwith deposited in the office of the of said Court; that he thereupon gave public notice by advertising in the Painesville Telegrapp [Telegraph], a newspaper published in said County of Lake, formerly part of , that he should offer said lands for sale at public vendue, at the Court House in , Geauga County, on the fifteenth day of September 1840, between the hours of 10 o.Clock A.M. and 4 oClock P.M., which notice was continued in said newspaper from week to week for more than thirty days next preceeding said day of sale; that at the time & place specified in said notice, he duly & legally struck off and sold unto , the said Lot No Eight in the City plat of in Lake County (formerly ) excepting said sixteen rods as aforesaid, for the sum of Two Hundred & one dollars then & there bid him for the same, he being the highest bidder, and that sum, so bid by him, being more than two thirds the appraised value of said land; and the said submitted his said proceedings in levying on & making sale of said land, to said Court at said last mentioned who having examined, did approve & confirm said sale & made an order to that effect & caused the same to be entered on their journal, & did thereby order the said to make a deed of conveyance to said purchasor: And whereas the term of office of said expired without his having executed a deed of said land, and the said having assigned transfered & quit claimed, his interest in [p. [2]] said land by virtue of said sale to Daniel Carter, the said Daniel filed his motion in said Court, at their September Term 1841, setting forth said proceedings and assignment, and praying the Court to order the present of said to execute to him, as the assignee of said , a deed of said land, on hearing which motion, the said Court did make an order and cause the same to be entered on their journal, and did thereby order me , then, & still Sheriff of said & the successor in office of said , to execute & deliver to said Carter assignee of said , a good deed of conveyance of said Lot of land so struck off & sold to said & assigned to said Carter. All which will more fully appear by the records files & journal entries of said Court.—
Now therefore Know Ye that I Sheriff of said County of , by virtue of the said judgment writs proceedings & orders of Court, & the authority in me vested by law, & particularly in conformity with said last mentioned order of Court, and for the consideration of Two hundred & one dollars received by my said predecessor in office, do, in my said official capacity, give, grant, bargain, convey and confirm unto said Daniel Carter his heirs & assigns forever, the said Lot No 8 in the city plat of County of Lake, excepting said sixteen rods, above particularly described, & so struck off & sold to said & assigned to said Carter as aforesaid, with all the privileges & appurtenances, and all the estate, right title & interest of said defendants & each & every of them, at the time of the rendition of said judgment & of said levy, in & to the same & every part thereof, in as ample a manr as I the said Sheriff by virtue of law & the said severall proceedings & orders of Court, can, or ought to convey the same— To Have and to hold the said lot of land above described & conveyed to him the said Daniel Carter his heirs & assigns forever to his & their use and behoof— In testimony whereof I the said as Sheriff of said , have hereunto officially set my name & seal this Twenty third day of November A.D. 1841—
Shff seal
Signed, Sealed & delivered in presence of us
Alfred Phelps
Edwin F. Phelps [p. [3]]
The State of Ohio)
ss [scilicet])
On this 24th day of November A.D. 1841, before the undersigned a Notary Public in & for said , personally came , Sheriff of said signer & sealer, as such Sheriff, of the foregoing instrument of writing, and acknowledged the same to be his free act & deed in his said official capacity
[seal]
In testimony of which I hereto, at in said set my name officially & notarial seal the day & year above written
Alfred Phelps Notary Public
 
) Deed
Joseph Smith Junr)
& others, per )
of )
to)
Daniel Carter)
 
Transfered March 14th. 1842
Danl Kerr Co. Audr
Tr 10c. pd
Recd. March 14th. 1842 and Recorded March 16th. 1842, in Lake Co. Records Book B. Pages 100. 101 & 102.
H. F. Shepard Recorder
Fee 12/— pd.
pd. 8/— [p. [4]]

Footnotes

  1. new scribe logo

    Signature of Erastus Spencer.  

  2. 1

    TEXT: “seal” enclosed in a hand-drawn representation of a seal.  

  3. new scribe logo

    Signature of Alfred Phelps and probable signature of Edwin F. Phelps.  

  4. new scribe logo

    Notation in handwriting of Daniel Kerr.  

  5. new scribe logo

    Notation in handwriting of H. F. Shepard.