Графични страници
PDF файл
ePub

Bill of Sale of Personal Property. KNOW ALL MEN by these presents, that 1, John T. Hall. of Montgomery, Alabama, planter, in consideration of Six Hundred and Seventy-five Dollars ($675) to me in hand paid

by Oscar D. Scott, of Montgomery, Alabama, the receipt whereof is hereby acknowledged, do hereby bargain, sell, and deliver unto the said Oscar D. Scott, the following property, to-wit Four mules @ $125-. Two sets Harness @ $20 Two Farm Wagons @ $35One Corn Planter @ $20. Three Plows @ $15

Total.....

$500 40

70

20

45

$675

To have and to hold the said goods and chattels unto the said Oscar D. Scott, his executors, administrators, and assigns, to his own proper use and benefit forever. And I, the said John T. Hall, do avow myself to be the true and lawful owner of said goods and chattels; that I have fuil power, good right, and lawful authority to dispose of said goods and chattels in manner as aforesaid; and that I will, and my heirs, executors, and administrators, shall Warrant and Defend the said bargained goods and chattels unto the said Oscar D. Scott, his executors, administrators, and assigns, from and against the lawful claims and demands of all persons.

In witness whereof, I, the said John T. Hall, have hereto set my hand this first day of April, in the year of our Lord, Eighteen Hundred and Seventy-three.

BONDS.

JOHN T. HALL.

A Bond is a written admission of an obligation on the part of the maker, whereby he pledges himself to pay a certain sum of money to another person or persons, at a certain specified time, for some bona fide consideration.

The person giving the bond is termed the obligor; the person receiving the same is called the obligee.

A bond, as defined above, is a single bond; but generally conditions are added to the bond, whereby the person giving the same must perform some specific act or acts, in which case the bond becomes void; otherwise it remains in full force and effect.

The penalty attached to the bond is usually sufficient to cover debt, interest, and costs, being generally placed at a sum twice the amount of the real debt, the fact being stated that such penalty is the sum fixed upon as liquidated or

settled damages, in event of failure to meet payments according to conditions of the bond. The bond may be so drawn as to have the penalty attach and appertain to either the obligor or obligee.

Though, under ordinary circumstances, the bond is in full effect, yet an act of Providence, whereby its accomplishment is rendered impossible, relieves the party obligated from an enforcement of the penalty.

Action on such instrument must be brought within twenty years after right of action accrues, or within such time as provided by the statutes of the different States.

[blocks in formation]

KNOW ALL MEN by this instrument, that I, Nathaniel Howard of the town of San Antonio, County of Bexar, and State of Texas, am firmly bound to the First National Bank corporation of said town, county, and state, in the sum of One hundred thousand dollars, to be paid to the First National Bank corporation, or assigns, aforementioned; for which payment I bind myself, my heirs, executors, and administrators, by this instrument.

Sealed with my seal, and dated this third day of February, one thousand eight hundred and seventy-two.

Whereas, the above bounden Nathaniel Howard has been appointed Cashier of the First National Bank of San Antonio, aforementioned, by reason whereof, various sums of money, goods, valuables, and other property, belonging to said Bank corporation, will come into his custody;

Therefore, the condition of the above bond is such, that, if the said Nathaniel Howard, his executors or administrators, at the expiration of his time of service to said Bank, upon request to him or them made, shall deliver unto the said Bank corporation, or their agent, or their attorney, a correct account of all sums of money, goods, valuables, and other property, as it comes into his custody, as Cashier of said Bank, and shall pay and deliver to his successor in office, or any other person authorized to receive the same, all balances, sums of money, goods, valuables, and other property, which shall be in his hands, and due by him to said Bank corporation; and if the said Nathaniel Howard shall justly, honestly, and faithfully, in all matters, serve the said Bank corporation as Cashier, during his continuance in such capacity, then the above obligation to be of no effect; otherwise to remain valid and in full force. Signed, sealed, and de

livered in presence of NATHANIEL HOWARD. <[L. JOHN STODDARD.

Bond to a Corporation.

KNOW ALL MEN by these presents, that I, Cornelius Burr, of West Chester, Chester County, State of Pennsylvania, am firmly bound unto the Chester County Beet Sugar Manufacturing Company, in the sum of Twenty Thousand dollars, to be paid to the said Company, or their assigns, for which payment to be made, I bind myself and representatives firmly by these presents.

Sealed with my seal, and dated this August first, eighteen hundred and seventy.

The condition of the above bond is such that, if I, the said Cornelius Burr, my heirs, administrators, or assigns, shall pay unto the said Chester County Beet Sugar Manufacturing Company, or assigns, Ten Thousand dollars, in two equal payments, viz. Five Thousand dollars January first, 1871, and Five Thousand dollars July first next following, with accrued interest, then the above to be void; otherwise to remain in full force and effect.

[blocks in formation]

Recorder's office of the town, city, or county where the mortgagor (the person giving the mortgage) resides, and where the property is, when mortgaged.

In some States, a justice of the peace, in the voting precinct where such property mortgaged is located, must acknowledge and sign the mortgage, taking a transcript of the same upon his court docket, while the mortgage itself should be recorded, the same as real estate transfers.

Chattel Mortgage.

THIS INDENTURE, made and entered into this tenth day of March, in the year of our Lord one thousand eight hundred and seventy-two, between Amos W. Barber, of the town of Waukegan, of the County of Lake, and State of Illinois, party of the first part, and Alonzo W. King, of the same town, County, and State, party of the second part.

Witnesseth, that the said party of the first part, for and in consideration of the sum of Six hundred dollars, in hand paid, the receipt whereof is hereby acknowledged, does hereby grant, sell, convey, and confirm unto the said party of the second part, his heirs and assigns forever, all and singular, the following described goods and chattels, to wit:

Two four-year old cream-colored horses, one Chickering piano, No. 6132, one tapestry carpet, 16x18 feet in size, one marble-top center table, one Stewart cooking stove, No. 41⁄2, one black walnut bureau with mirror attached, one set of parlor chairs (six in number), upholstered in green rep, with lounge corresponding with same in style and color of upholstery, now in possession of said Barber, at No. 8 State St., Waukegan, Ill.; Together with all and singular, the appurtenances thereunto belonging, or in any wise appertaining; to have and to hold the above described goods and chattels, unto the said party of the second part, his heirs and assigns, forever.

Provided, always, and these presents are upon this express condition, that if the said Amos W. Barber, his heirs, executors, administrators, or assigns, shall, on or before the tenth day of March, A. D., one thousand eight hundred and seventy-three, pay, or cause to be paid, to the said Alonzo W. King, or his lawful attorney or attorneys, heirs, executors, administrators, or assigns, the sum of Six Hundred dollars, together with the interest that may accrue thereon, at the rate of ten per cent. per annum, from the tenth day of March, A. D. one thousand eight hundred and seventy-two until paid, according to the tenor of one promissory note bearing even date herewith for the payment of said sum of money, that then and from thenceforth, these presents, and everything herein contained, shall cease, and be null and void, anything herein contained to the contrary notwithstanding.

Provided, also, that the said Amos W. Barber may retain the possession of and have the use of said goods and chattels until the day of payment aforesaid; and also, at his own expense,

shall keep said goods and chattels; and also at the expiration of said time of payment, if said sum of money, together with the interest as aforesaid, shall not be paid, shall deliver up said goods and chattels, in good condition, to said Alonzo W. King, or his heirs, executors, administrators, or assigns.

And provided, also, that if default in payment as aforesaid, by said party of the first part, shall be made, or if said party of the second part shall at any time before said promissory note becomes due, feel himself unsafe or insecure, that then the said party of the second part, or his attorney, agent, assigns, or heirs, executors, or administrators, shall have the right to take possession of said goods and chattels, wherever they may or can be found, and sell the same at public or private sale, to the highest bidder for cash in hand, after giving ten days' notice of the time and place of said sale, together with a description of the goods and chattels to be sold, by at least four advertisements, posted up in public places in the vicinity where said sale is to take place, and proceed to make the sum of money and interest promised as aforesaid, together with all reasonable costs, charges, and expenses in so doing; and if there shall be any overplus, shall pay the same without delay to the said party of the first part, or his legal representatives.

In testimony whereof, the said party of the first part has hereunto set his hand and affixed his seal, the day and year first above written. Signed, sealed and de- ) livered in presence of ROBERT KENDALL.

AMOS W. BARBER.

Remarks.

L. S.

When the person giving the mortgage retains possession of the property, it is customary to empower the party holding the mortgage with authority to take the goods and chattels mortgaged, into his possession at any time he may deem the same insufficient security for his claims; or if he shall be convinced that an effort is being made to remove such property, whereby he would be defrauded of his claim, or for any reason whatsoever, when he may deem it necessary to secure his claim, he can proceed to take possession of it; which property, after having given legal notice of sale, according to the law of the State governing the same, he is allowed to sell at public sale, to the highest bidder. Out of the money obtained therefrom, he can retain sufficient to liquidate his demand, and defray the necessary expenses, rendering the overplus unto the mortgagor.

Real Estate Mortgage to Secure Payment of Money.

THIS INDENTURE, made this nineteenth day of October, in the year of our Lord, one thousand eight hundred and seventyone, between Benjamin Harrison, of Urbana, County of Champaign, and State of Illinois, and Helen, his wife, party of the first part, and Robert Fairchild, party of the second part.

Whereas, the said party of the first part is justly indebted to the said party of the second part, in the sum of Four Thousand dollars, secured to be paid by two certain promissory notes (bearing even date herewith) the one due and payable at the First National Bank in Champaign, Ill., with interest, on the nineteenth day of October, in the year one thousand eight hundred and seventy-two; the other due and payable at the First National Bank at Champaign, Ill., with interest, on the nineteenth day of October, in the year one thousand eight hundred and seventy-three.

Now, therefore, this indenture witnesseth, that the said party of the first part, for the better securing the payment of the money aforesaid, with interest thereon, according to the tenor and effect of the said two promissory notes above mentioned; and, also, in consideration of the further sum of one dollar to them in hand paid by the said party of the second part, at the delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, and conveyed, and by these presents do grant, bargain, sell, and convey, unto the said party of the second part, his heirs and assigns, forever, all that certain parcel of land, situate, etc.,

[Describing the premises.]

To have and to hold the same, together with all and singular the Tenements, Hereditaments, Privileges, and Appurtenances thereunto belonging or in any wise appertaining. And also, all the estate, interest, and claim whatsoever, in law as well as in equity, which the party of the first part have in and to the premises hereby conveyed unto the said party of the second part, his heirs and assigns, and to their only proper use, benefit, and behoof. And the said Benjamin Harrison, and Helen, his wife, party of the first part, hereby expressly waive, relinquish, release, and convey unto the said party of the second part, his heirs, executors, administrators, and assigns, all right, title, claim, interest, and benefit whatever, in and to the above described premises, and each and every part thereof, which is given by or results from all laws of this State pertaining to the exemption of homesteads.

Provided always, and these presents are upon this express condition, that if the said party of the first part, their heirs, executors, or administrators, shall well and truly pay, or cause to be paid, to the said party of the second part, his heirs, executors, administrators, or assigns, the aforesaid sums of money, with such interest thereon, at the time and in the manner specified in the above mentioned promissory notes, according to the true intent and meaning thereof, then in that case, these presents and everything herein expressed, shall be absolutely null and void.

In witness whereof, the said party of the first part hereunto set their hands and seals the day and year first above written. Signed, sealed, and de

livered in resence of

}

OTIS OBER,

ANDREW AUSTIN.

BENJAMIN HARRISON.

HELEN HARRISON.

Proxy.

KNOW ALL MEN by these presents, that I, Winfield Bennett, do hereby constitute and appoint Hiram D. King attorney and agent for me, and in my name, place, and stead, to vote as proxy at the annual election for directors of the Chicago, Burlington and Quincy Railroad, at Chicago, Illinois, according to the number of votes I should be entitled to if then personally present, with power of substitution.

In witness whereof, I have hereunto set my hand and seal this eighth day of June, one thousand eight hundred and seventy-one.

[blocks in formation]

during her life. Her acknowledgment of the deed must be of her own free will and accord, and the Commissioner, or other officer, before whom the acknowledgment is taken, must sign his name as a witness to the fact that her consent was without compulsion.

Special care should be taken to have the deed properly acknowledged and witnessed, and the proper seal attached.

The deed takes effect upon its delivery to the person authorized to receive it.

Any alterations or interlineations in the deed should be noted at the bottom of the instrument, and properly witnessed. After the acknowledgment of a deed, the parties have no

An instrument in writing, by which lands and appurtenances thereon are conveyed from one person to another, signed, sealed, and prop-right to make the slightest alteration. An alteration after the acknowledgment, in favor of erly subscribed, is termed a deed. A deed may be written or printed on parchment or paper, the grantee, vitiates the deed. and must be executed by parties competent to contract.

The law provides that an acknowledgment of a deed can only be made before certain persons authorized to take the same; these including, in different states, Justices of the Peace, Notaries, Masters in Chancery, Judges and Clerks of Courts, Mayors of Cities, Commissioners of Deeds, etc. In certain states one witness is required to the deed besides the person taking the acknowledgment. In others, two witnesses are necessary. In other states none are required.

To render a deed valid, there must be a realty to grant, and a sufficient consideration.

To enable a person legally to convey property to another, the following requisites are necessary: 1st, He or she must be of sane mind; 2nd, Of age; and 3rd, He or she must be the rightful owner of the property.

The maker of a deed is called the grantor; the person or party to whom the deed is delivered, the grantee. The wife of the grantor, in the absence of any statute regulating the same, must acknowledge the deed, or else, after the death of her husband, she will be entitled to a one-third interest in the property, as dower,

By a general Warranty Deed, the grantor agrees to warrant and defend the property conveyed against all persons whatsoever. A Quit Claim Deed releases what interest the grantor may have in the land, but does not warrant and defend against others.

Deeds, upon their delivery, should be recorded in the Recorder's office without delay.

Warranty Deed with Covenants.

THIS INDENTURE, made this eighteenth day of March, in the year of our Lord one thousand eight hundred and seventythree, between Henry Botsford of Lee, County of Berkshire, State of Massachusetts, and Mary, his wife, of the first part, and Calvin Daggett of the same place, of the second part,

Witnesseth, that the said party of the first part, for and in consideration of the sum of Three Thousand Dollars in hand, paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, and sold, and by these presents do grant, bargain, and sell, unto the said party of the second part, his heirs and assigns, all the following described lot, piece, or parcel of land, situated in the town of Lee, in the County of Berkshire, and State of Massachusetts, to wit:

[Here describe the property.]

Together with all and singular the hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, claim, and demand whatsoever, of the said party of the first part, either in law or equity, of, in, and to the above bar

gained premises, with the hereditaments and appurtenances : To have and to hold the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns, forever. And the said Henry Botsford, and Mary, his wife, parties of the first part, hereby expressly waive, release, and relinquish unto the said party of the second part, his heirs, executors, administrators, and assigns, all right, title, claim, interest, and benefit whatever, in and to the above described premises, and each and every part thereof, which is given by or results from all laws of this State pertaining to the exemption of homesteads.

And the said Henry Botsford and Mary Botsford, his wife, party of the first part, for themselves and their heirs, executors, and administrators, do covenant, grant, bargain, and agree, to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents they were well seized of the premises above conveyed, as of a good, sure, perfect, absolute, and indefeasible estate of inheritance in law, and in fee simple, and have good right, full power, and lawful authority to grant, bargain, sell, and convey the same, in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, and encumbrances of what kind or nature soever; and the above bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will warrant and forever defend.

In testimony whereof, the said parties of the first part have hereunto set their hands and seals the day and year first above written.

Signed, sealed, and deliv-` HENRY BOTSFORD, L. S.
ered in presence of
ABIAL KETCHUM.
MARY BOTSFORD.

Quit-Claim Deed.

Hood L. S.

THIS INDENTURE, made the fourth day of July, in the year of our Lord one thousand eight hundred and seventy-one, between Oscar Joy, of Nashville, County of Davidson, State of Tennessee, party of the first part, and Lorenzo Fisher, of the same place, party of the second part,

Witnesseth, that the said party of the first part, for and in consideration of Eight Hundred dollars in hand, paid by the said party of the second part, the receipt whereof is hereby acknowledged, and the said party of the second part forever released and discharged therefrom, has remised, released, sold, conveyed, and quit-claimed, and by these presents does remise, release, sell, convey, and quit-claim, unto the said party of the second part, his heirs and assigns, forever, all the right, title, interest, claim, and demand, which the said party of the first part has in and to the following described lot, piece, or parcel of land, to wit:

[Here describe the land.]

To have and to hold the same, together with all and singular the appurtenances and privileges thereunto belonging, or in

[blocks in formation]

THIS INDENTURE, made the fourteenth day of October, in the year of our Lord one thousand eight hundred and seventytwo, between Park Converse, of Burlington, County of Des Moines, State of Iowa, party of the first part, and Elbridge Robinson, of the same place, party of the second part,

Witnesseth, that the said party of the first part, for and in consideration of Four Thousand dollars in hand, paid by the said party of the second part, the receipt whereof is hereby acknowledged, and the said party of the second part forever released and discharged therefrom, has remised, released, sold, conveyed, and quit-claimed, and by these presents does remise, release, sell, convey, and quit-claim, unto the said party of the second part, his heirs and assigns, forever, all the right, title, interest, claim, and demand which the said party of the first part has in and to the following described lot, piece, or parcel of land, to wit:

[Here describe the land.]

To have and to hold the same, together with all and singular the appurtenances and privileges thereunto belonging, or in any wise thereunto appertaining; and all the estate, right, title, interest, and claim whatever, of the said party of the first part, either in law or equity, to the only proper use, benefit, and behoof of the said party of the second part, his heirs and assigns forever.

And the said Park Converse, party of the first part, hereby expressly waives, releases, and relinquishes unto the said party of the second part, his heirs, executors, administrators, and assigns, all right, title, claim, interest, and benefit whatever, in and to the above described premises, and each and every part thereof, which is given by or results from all laws of this State pertaining to the exemption of homesteads.

And the said party of the first part, for himself and his heirs, executors, and administrators, does covenant, promise, and agree, to and with the said party of the second part, his heirs, executors, administrators, and assigns, that he hath not made, done, committed, executed, or suffered, any act or acts, thing or things, whatsoever, whereby, or by means whereof, the above mentioned and described premises, or any part or parcel thereof, now are, or any time hereafter, shall or may be impeached, charged, or incumbered, in any way or manner whatsoever. In witness whereof, the said party of the first part hereunto sets his hand and seal the day and year first above written. Signed, sealed, and deliv

ered in presence of GERRY HOBBS.

}

[blocks in formation]
« ПредишнаНапред »