Deed, 3 June 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]

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  • Historical Introduction

Document Transcript

& others pr. Shff. to Deed.
To all People to whom these Presents shall come— Greeting:
Whereas Thomas Underwood, , Asa Spencer, & Samuel Hafty [Hufty] did on the sixteenth day of April A.D. 1839, before the Court of Common Pleas in & for the County of , State of Ohio, recover judgment against , Joel Mc.With[e]y, Joseph Smith Junr., Eliphalet Boynton, , , , , , Chancy [Chauncey] G. Webb and , for the sum of one thousand six hundred and forty one dollars and sixty three cents damages, and also twenty dollars and ninety two cents costs of suit in a certain action of , before that time brought by said Underwood, , Spencer & Hafty against said & others above named defendants in said suit, and then determined, in said Court, as appears of record in the same 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 and chattels, and for want of goods & chattels, of the lands and tenements of the said defendants he should cause to be made the damages & costs aforesaid & have the monies before said Court, to be holden on the 24th. day of June then next, which writ was delivered to 2d. then being Sheriff of said , for , by virtue of which the said , by direction of plaintiffs Attorney, on the 20th. day of May A.D. 1839, levied upon six pieces, parcels, lots <​or tracts​> of land situate in the Township of , then, in the County of (now in Lake County) State of , and, among other lands so levied on, were the three following lots, pieces or parcels, to wit: All that piece beginning at the south corner of a small piece of Land heretofore deeded by and to J. Smith Junr. on which the said Smith erected a store house it being near the top of the hill South of Lyman & Clark’s Mills on ; thence West about sixteen rods and nine links to a stake; thence North eight rods to a stake; thence East twelve rods & twenty three links to a stake in the centre of the old Chilicothe Road; thence Southerly along the centre of said road eight rods to the place of beginning, containing ninety six rods of ground, be the same more or less.— Also the following lot, commencing at the north-east corner of a lot of ground heretofore deeded from & wife, to in the centre of the old Chilicothe Road leading from to ; thence East to the Centre of the Street as contemplated by City Plat, so called; thence south eight rods; thence West to the centre of said Chilicothe Road; thence on the centre of said road, northwardly to the place of beginning:— Also the following lot, to wit; part of Lot No. 17, bounded as follows— Beginning at the South-east corner of a piece of land deeded from to Joseph Smith Junr.; thence due South, on the line of a piece of land deeded from to , six rods to a post; thence West eleven rods to a post; thence North six rods to the place of beginning, containing sixty six rods of ground more or less, and caused [p. 513] the same, to be duly appraised, published notice of the sale of said lands according to law, and on the 24th. day of June A. D. 1839, pursuant to said Notice, offered said lands for sale at the Court House in in said , but no person bidding, he returned said writ, with his official report or return of his said proceedings thereon, stating that said lands remained unsold for want of bidders, to said Court— at their term of June 1839, which return so far as respects said land hereinbefore described, is herein before substantially recited:— And whereas several writs of issued on said judgment & were returned & said lands unsold, the said Court did at their June Term 1840, set aside the appraisal aforesaid & order a new appraisal; And on the fifth day of July A.D. 1840, a writ of venditioni exponas issued out of said Court on said judgment, directed to the of said & delivered to said 2d. then being Sheriff thereof by which he was commanded to have all of said lands levied on reappraised & offer the same again for sale according to law; by virtue of which the said made return of said writ, at the November Term A.D. 1840 of said Court, that he had cause said first and second pieces above described, together with one other piece mentioned in said writ, to be reappraised by three disinterested freeholders, who appraised said first piece at ($850) Eight hundred & fifty dollars; said second piece at forty dollars ($40) who returned said appraisal in writing under their hands & seals a copy of which he deposited in the office <​of the ​> of said; that he duly advertised & offered said lands for sale at public vendue, but that said pieces herein before described remained unsold for want of bidders:— And whereas afterwards to wit:— on the first day of March A.D. 1841, another writ of venditioni exponas issued out of said Court on said judgment, directed to the of said County of commanding him to expose said lands to sale at public vendue, which writ was delivered to me then & still being Sheriff of said & the successor in office of said , by virtue of which I proceeded as stated in my return thereto by me officially signed annexed to said writ & therewith returned into said Court, at their April Term A.D. 1841, the substance of which return is as follows, viz: that by virtue of said writ, I on the 6th. day of March 1841, caused a notice to be published in the Painesville Republican, a newspaper published in said County of Lake where said land lies and in general circulation in the same & in the said County of , that I should offer said three pieces of land herein before described for sale at public vendue, at the Court House in in said , on the 8th. day of April A.D. 1841 between the hours of 10. O’Clock A.M. and 4 O’Clock P.M. which notice was continued in said paper from week to week down to the day of sale, being more than thirty days; that previous to said 6th. day of March, I caused said piece thirdly above described to be appraised (the same not having been before appraised) by three disinterested freeholders of and resident, in, said County of Lake, to wit: , Clement Messenger and , who then and there, on actual view, appraised the same at Ten dollars, & returned to me said appraisment in writing under their hands & seals, a copy of which I deposited with said .— On the said Eighth day of April 1841, between the hours aforesaid, at the Court House aforesaid pursuant to said notice, I offered said lands for sale at public vendue, and then and there duly struck off and sold said three pieces, to , on his bid by his agent Lyman Cowdery, for six hundred dollars that being the highest bid offered therefor, & two thirds the appraised value of said lands,— the residue of said lands not offered by direction of Plaintiff’s Attorney.— And at the said April Term, I submitted said writ, return & and all my said proceedings in selling said lands to said Court who having carefully examined the same, did approve & confirm said sale & made an order & caused the same to be entered on their journal to that effect, and ordering me the said Sheriff to execute and deliver a good deed of conveyance to said purchasor 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 Sheriff of said County of , by virtue of the authority vested in me by law, the said judgment, writs, proceedings, & especially the said last mentioned order of Court, and for the consideration of the said sum of six hundred dollars by me received of said , do in my said capacity grant, bargain, sell convey and confirm to him the said pieces of land, being three parcels, herein before particularly described, & the three first parcels described in said writ, so struck off and sold to him as aforesaid, with all the privileges & appurtenances thereof [p. 514] and all the estate, right, title, & interest of said defendants and each and every of them in and to the same & every part thereof, in as full and ample a manner as I the said Sheriff by virtue of said judgment, writs proceedings, & order of Court, can or ought to convey the same.— To have and to hold said lands to him the said his heirs and assigns forever, to his and their use & behoof forever.—
In Testimony Whereof I the said Sheriff as aforesaid, have hereunto officially set my hand name and seal this third day of June A.D. 1841.—
Shff Seal
Signed, sealed & delivered in presence of)
Alfred Phelps, A.G. Riddle)
The State of Ohio,)
, ss. [scilicet])
On this fifth day of June A.D. 1841, before the subscriber a Notary Public in and for said , personally appeared came Sheriff of said , signer and sealer of the foregoing instrument of writing, and acknowledged the same in his said Capacity to be his free act and deed.—
In Witness Whereof I have hereunto set my hand and official seal at in said this day and year above written.—
Alfred Phelps Notary Public
Recd. Sept. 23d. A.D. 1841, and Recorded Sept. 28th. A.D. 1841.
H. F. Shepard Recorder.— [p. 515]


  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.