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

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& others pr to Deed.
To all people to whom these presents shall come Greeting, Whereas , , & , 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 , 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 issued out of said Court therein, on the first day of March AD 1841, directed to the 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 , 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 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 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] which writ last named was returnable at the September Term AD 1841 & was delivered to me , then & still Sheriff of said ; 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 next preceding the day of sale therein named, that I should offer said lands for sale at public vendue, at the Court House in in said County of , on the twenty first day of September AD 1841 between the hours of ten Oclock AM and four Oclock PM of said day; at which time & place pursuant to said notice, I offered all of said lands for sale at public vendue, and then & there struck off and sold to said Lot No one Block 113 for the sum of three hundred & thirty four dollars, then & there bid by him by his Attorney therefor, being the highest bid offered for said lot and more than two thirds its appraised value; And I also struck off and sold to said the four acre piece in lot No four tract No one herein before described, on his bid then & there made by his said for twenty seven dollars being the highest bid therefor and more two thirds the appraised value thereof; And I also then & there offered for sale said other lands, and amongst them the following piece or parcel of land situate in said bounded as follows Beginning at the north west corner of land owned by in the center of the Chilicothe Road, running thence easterly on s south line, twenty rods to a post; thence south four rods; thence westerly twenty rods to the centre of said road; thence northerly in the centre of said road to the place of begining, containing one half an acre, being in lot No 44 and being one of the parcels of said lands, by me levied on by virtue of said , not herein before described, and which was appraised, by said appraisers herein before named, on said writ of fieri facias & returned in their said appraisement in writing, at one hundred & fifty dollars; And I then & there struck off and sold said last mentioned piece or parcel of land to said at & for the sum of one hundred dollars bid by him therefor by his said being the highest & only bid offered for the same and two thirds the appraised value thereof. And I made return of said writ to said Court at their September Term AD 1841 with my official return of my said proceedings therein annexed to the same, which return so far as concerns the lands above described, is substantially herein before recited, and I submitted the same, with all matters touching said levy & sale to the said Court, who made an order and caused the same to be entered on their journal, and did thereby approve & confirm said proceedings & sale & did order me to execute & deliver to said purchaser a good & sufficient deed of conveyance of said 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 Sheriff as aforesaid by virtue of the authority in me vested by said proceedings herein before recited; and especially said last mentioned order of Court; and in consideration of said several sums of money, amounting in all to four hundred & sixty one dollars received of said , do, in my said official capacity, give, grant, bargain, convey and confirm unto the said his heirs & assigns the three several lots & parcels of land hereinbefore particularly described and so struck off & sold to him as aforesaid with all the privileges & appurtenances thereof, and all the estate right title, claim & interest of the said defendants, and each & every of them, in & to the same and every part thereof, in as full & ample a manner as I the said Sheriff, by law & by virtue of said proceedings & order of Court can or ought to carry the same. To have and to hold the same to the said his heirs & assigns forever, to his & their use and behoof forever. In witness whereof I the said Sheriff have hereunto officially set my name and seal this twenty seventh day of May AD 1842.
Shff seal
Signed, sealed & delivered in presence of)
A G Riddle)
Alfred Phelps)
The State of Ohio)
ss [scilicet])
Be it remembered that on this 27th day of May AD 1842 before the subscriber a Notary Public in & for said , personally came Sheriff of the County of aforesaid, and acknowledged that he as Sheriff as aforesaid signed sealed & delivered the foregoing deed, and that the same in his said official capacity is his free act & deed. In testimony of which I hereto at in said set my name officially & notarial seal the date above written.
LS
Alfred Phelps Notary Public
Benj D Chesney Recorder
Received Jany 20th 1844 & Recorded Jany 23d 1844. [p. 248]

Footnotes

  1. 1

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

  2. 2

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