Deed, 24 May 1842 [Halsted, Haines & Co. v. O. Granger et al.]

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  • Historical Introduction

Document Transcript

pr Sheriff to John Howden Deed.
To all People to whom these Presents shall come Greeting. Whereas William M Halstead [Halsted], , Richard J. Thorne, Matthias O. Halsted & , did, on the sixteenth day of April AD 1839 before the Court of Common Pleas of the County of , in the State of , recover judgment against , William Foster & for the sum of two thousand three hundred & thirty seven dollars & twenty five cents damages, and seventeen dollars & twenty four cents costs of suit in a certain action of assumpsit then tried & determined in said Court, wherein said William M Halstead, , Richard J Thorne, Matthias O Halstead & were plaintiffs, & said , Foster & were defendants as appears of record in said Court. And whereas such proceedings were afterwards had on said judgment that a writ of alias Fieri facias issued thereon out of said court, on the first day of March AD 1841 directed to the Sheriff of said commanding him, as before he had been, that of the goods & chattels of said defendants, and, for want thereof, then of the lands and tenements of said defendants, he should cause to be made the damages & costs aforesaid, & have the moneys before said Court on the first day of their next term, to answer the damages & costs aforesaid; which writ was delivered to me Erastus Spencer there & still being Sheriff of said ; by virtue of which I, on the 9th day of March AD 1841 levied the same on the following pieces, parcels, lots & tracts of land situate in the township of being township No. 9 in the 9th Range of the and which is also in the County of Lake (late ) to wit; all that piece known as part of lot No Eighteen in tract No one of said , bounded as follows, to wit. On the south & East by land owned by ; on the north, partly by the highway & partly by land owned by , on the west by s land, supposed to contain seventeen acres. Also lot No thirteen in Block No 143 in the village of Kirtland in said : Also lot No fourteen in Block No 143 in said village or city reference to be had to the City plat for further description, Also on divers other pieces & lots not herein described or herein after conveyed; And at the same time caused the said lands to be appraised by three disinterested freeholders of said County of Lake (formerly ) and resident therein, to wit: Eliakim Brown, Nathan Daggett and L A Moody, who being then & there by me duly sworn & on actual view appraised said lands above described with said other lands; and did appraise said piece first above described at Five hundred dollars; said lot 13 secondly above described at Fifty five dollars; said lot fourteen, thirdly above described at thirty seven; and returned to me their appraisal of said lands with said other lands, 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 viz the April Term 1841 with my official return of my proceedings thereon, the substance of which return so far as respects the lands above described is hereinbefore recited in setting forth my said proceedings. And whereas, afterwards on the 7th day of May AD 1841 a writ of ventioni exponas issued out of said Court on said judgment directed to the Sheriff of said County of & delivered to me, being Sheriff as aforesaid by virtue of which I advertised & offered said lands for sale & made return at the June Term of said Court that the same remained unsold for want of bidders. And whereas afterwards on the seventeenth day of August AD 1841 an alias writ of venditioni exponas issued out of said Court, on said judgment directed to the Sheriff of said County of , commanding him, as before, to expose said lands for sale at public vendue, & have the monies before said Court at their September Term 1841 to answer the damages & costs aforesaid, which writ was delivered to me Erastus Spencer then & still being Sheriff of said County of 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 preceeding the day of sale therein named, that I should offer said lands for sale at public vendue at the Court House in Geauga County on the twenty first day of September AD 1841 between the hours of Ten O clock AM and four Oclock PM of said day at which time & place I offered all [p. 621] of said lands severally for sale at public vendue, and then & there struck off and sold to John Howden said piece of seventeen acres above firstly mentioned & described for the sum of three hundred & thirty eight dollars then & there bid by him therefor, also said lot No thirteen in Block 143 for thirty seven dollars then & there bid by him therfor; Also said lot No fourteen in Block No 143 for the sum of Twenty five dollars then & there bid by said Howden therefor; the said bids being respectively the highest bids for said several pieces & lots, and more than two thirds the appraisal of the respective pieces & lots; and on the first day of the September Term of said Court AD 1841, I returned said writ into said Court, with my official return of my said proceedings annexed to the same and which return is hereinbefore in substance recited, so far as concerns the above sold lots & parcels; and submitted the same with all matters touching said levy & sale to the said Court who thereupon made an order & caused the same to be entered on their journal, and thereby did approve & confirm said proceedings & sale, and did order me the said Sheriff to execute & deliver to said purchaser a good & sufficient deed of conveyance of the 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 of the said County of , by virtue of my Office, & the authority confered upon me by said judgments, writs, levy, sale, & order of Court, & in consideration of said several sums of money amounting in all to four hundred dollars received of said John Howden, do, in my said official capacity, grant, bargain, convey and confirm unto the said John Howden his heirs and assigns, the said three pieces & lots of land hereinbefore particularly described & so struck off and sold to him as aforesaid with all the right, title & interest of said defendants & each & every of them in & to the same & every part thereof, and the appurtenances. To have and to hold the same to the said John Howden his heirs and assigns, to his & their use & behoof forever. In Witness whereof I the said Erastus Spencer as Sheriff of said have hereunto set my hand & seal this 24th day of May AD 1842.
Erastus Spencer Shff. seal
Signed sealed & delivered in presence of us)
AG Riddle Alfred Phelps)
The State of Ohio)
ss [scilicet])
Be it remembered that on this twenty third day of May AD 1842 before the subscriber a Notary Public in and for said personally came Erastus Spencer Esquire Sheriff of the County of aforesaid, and acknowledged that as such Sheriff he executed, signed sealed & delivered the foregoing instrument of writing; and that the same in his said official capacity is his free act & deed.
LS
In Testimony of which I hereto at in said set my name officially & Notarial seal the date above written
Alfred Phelps Notary Public
Benj D Chesney Recorder.
Received Feby 7th 1845 & Recorded July 10th 1845. [p. 622]

Footnotes

  1. 1

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

  2. 2

    TEXT: “LS” (locus sigilli, Latin for “location of the seal”) enclosed in a hand-drawn representation of a seal.