Deed from Lory and Charles Holmes, 5 October 1836
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Source Note
Lory Holmes and Charles Holmes, Deed for property in , Geauga Co., OH, to JS and , 5 Oct. 1836; printed form with manuscript additions in the handwriting of Daniel Kerr; signatures of Lory Holmes, Charles Holmes, JS, and ; witnessed by Daniel Kerr; docket in handwriting of Daniel Kerr; endorsements in handwriting of Charles Holmes; notation in handwriting of Lory Holmes; one page; JS Collection, CHL. Includes seals, endorsement, and dockets.Single leaf measuring 11½ × 7¾ inches (29 × 20 cm). The printed text is overinked and overimpressed. This document contains two folding patterns. In the first pattern, the deed was folded in half horizontally, tri-folded, and endorsed by Daniel Kerr. In the second folding pattern, the deed was folded vertically then folded twice horizontally. The folds from the first pattern are torn entirely. There is marked water damage on the document. It underwent conservation in 2015.The custodial history of this document is unknown. Its placement in the JS collection suggests it was in the possession of the Historian’s Office prior to 1972.Note: This deed is associated with three promissory notes, only one of which is extant: Promissory Note to Lory and Charles Holmes, 5 Oct. 1836–A.
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Historical Introduction
See Historical Introduction to Mortage to Peter French, 5 October 1836.
Document Transcript
Land Contracts.]-* * * * * * * * * *-[Telegraph, Print.
We I, Lory Holmes & Charles <A> Holmes of , County of and State of , agree to sell and convey by a good and sufficient Warranty Deed, to Joseph Smith Jr and of the same place the following described pieces or parcels of Land, situate in afore said being Township No. 9 in the 9th. Range to wit the whole of lot number thirty four in Tract No. 1 in said township and the whole of lot No. 46 in said Tract (excepting two acres surveyed from the Northwest corner of said lot as follows beginning at the NW corner of said lot. thence with the 10. line thereof S 3/4°. E 4 chs. 60 links to the centre of the highway, thence with the same S 58½° E2 chs. 75 links thence N 21° E. 6 chs. 68 links to a stake in the N. line of said lot, thence with the same S 87½ W 4 chs. 80 links to the beginning also one acre beginning at the SW corner of the above reserve, thence with the centre of the highway S 58½° E. 2 chains thence S 3/4° E. parallel with the W. line of said lot so far that a line run N 58½° W. parallel with said road will include said acres) also one other piece of land part of Lot No. 19 in Tract No 2 in said township, bounded as follows, beginning at the S.E. corner of the above described lot No. 46, thence west 15 chs. South 15 chains, East 15 chs. North 15 chs. to the beginning containing in the whole by estimation two hundred & thirty two acres & fifty hundredths of an acre (including said reserves) more or less
On the express Condition that the said Smith and pay to the said Lory and Charles the sum of Twelve thousand dollars in manner following to wit one thousand dollars in hand the receipt of which is hereby acknowledged one thousand dollars in fourteen days after date, five thousand dollars on the first day of May next and five thousand dollars on the first day of september next (for which payments hereafter to be made said Smith and have executed their three Notes of hand bearing even date herewith) It is hereby expressly understood that a failure to make either of the foregoing payments according to the tenor hereof shall work a forfeiture of all preceeding payments) and
Together with the lawful int[e]rest, to be computed from the this day of 183, and paid annually, which the said Smith & hereby covenants to perform, and to take said land subject to all highways that have been laid out upon us, and pay future taxes upon the same. Dated at this 5th day of October A. D. 1836
Lory Holmes Seal
Charles A Holmes Seal
Joseph Smith Jr Seal
Seal
In presence of Danl Kerr [p. [1]]
Lory & Charles Holmes
Contract
To
J Smith Jr &
Oct. 19th. 1836 Recd. one thousand Dollars on the within agreement
C A Holmes
May 29th 1837 Rec one thousand Dollars one dolllar & seventy two cents on the within agreement
May 29th 1837 We hereby agree to extend the within may payment to the first day of september next
Lory Holmes
Footnotes
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1
TEXT: Line of printed text is between two inscribed lines. Asterisks serving as leaders across page to next printed text.
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2
TEXT: Printed text “I” is manually struck through. The “I”, is pritned in a larger font, as well as “of” and “, County of”.
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3
TEXT: “Land,” is in a larger font.
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4
TEXT: “On the express Condition” is in a thick, stylized font.
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Signatures of Lory Holmes, Charles Holmes, JS, and Reynolds Cahoon.
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5
Each instance of “Seal” enclosed in a hand-drawn representation of a seal.
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Witnessed by Daniel Kerr.
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Docket in handwriting of Daniel Kerr.
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Endorsements in handwriting of Charles Holmes.
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Notation in handwriting of Lory Holmes.
