Deed, 10 July 1846 [Russell v. JS et al.]

  • Source Note
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Joseph Smith jr pr Sheriff to . Deed.
To all People to whom these Presents shall come Greeting. Whereas in a certain suit in Chancery lately pending in the Court of Common Pleas within & for the County of Lake & State of wherein was complainant and Joseph Smith jr & others were Respondents such proceedings were had that said Court of Common Pleas at their Term of March A D 1844 did decree therein that said Joseph Smith jr, & within thirty days from the rising of said Court at its Term aforesaid pay to said the sum of Sixteen thousand four hundred nine dollars & sixty one cents ($16409.61 with interest thereon from the first day of said Term together with the costs of said suit & in default of such payment that the Sheriff of said Court proceed & cause the lands in the Bill in said cause described as mortgaged to said to be appraised advertised & sold as upon judgments at law and that from the proceeds thereof he pay first the costs of said suit second said sum of Sixteen thousand four hundred nine dollars sixty one cents with interest thereon from the first day of said Term to said and that the balance he bring into Court.
And whereas afterwards to wit on the 23d day of April AD 1844 an order of sale issued out of the Office of the of said Court in due form of law under the seal of said Court directed to the Sheriff of said County reciting said decree and commanding him to expose to sale said mortgaged premises under the Statute regulating sales on execution which order of sale was afterwards to wit on the day & year last aforesaid delivered to Luther P Bates then Sheriff of said County of Lake for execution by virtue of & in obedience to the command of which as Sheriff as aforesaid caused said lands to be duly appraised by three judicious disinterested freeholders of said County under oath who returned to him as Sheriff as aforesaid the appraisal thereof in writing a copy of which he forthwith deposited in the Office of the of said Court, he then as Sheriff as aforesaid on the 1st day of May AD 1844 gave public notice by advertisement published in the Painesville Telegraph a newspaper printed & published & in general circulation in said County which notice was continued in said newspaper from week to week for more than thirty days next preceding the day of sale hereinafter mentioned that he should offer said premises in said order of sale described at public vendue at the Court house in in said County on the 11th day of June AD 1844 between the hours of 10 Oclock AM & 4 Oclock PM of said day, on which said day & between said hours a[t] the Court house aforesaid pursuant to said notice he as Sheriff as aforesaid offered for sale at public vendue said premises in said order of sale described and then & there duly struck off and sold the same to said on his bid therefor at & for the sum of one thousand five hundred & eighty four dollars ($1584) the same being the highest & best bid offered therefor & two thirds the appraised value thereof which said lands are described as follows to wit: situate in being Township No nine (9) in the ninth (9) Range of Townships of the in the State of & which was formerly in the County of but now in said County of Lake and known as lot No thirteen (13) parts of Twelve (12) & Fourteen (14) in Tract No two (2) in said & is bounded as follows to wit; Beginning at the south west corner of land formerly owned by Ebenezer Jennings, thence East on said Jennings line to lands owned by Mr Hyde, then south on said Hydes line to lot No thirteen (13) thence East & south by said Hyde to the public highway. then southwesterly & westerly along said highway to the meeting house lot, then Northerly to the line of lot No thirteen (13) thence to the south west corner of <​sd​> lot No thirteen (13) thence along the public highway leading from to to the place of beginning containing one hundred thirty two acres & four hundredths of an acre of land. And whereas afterwards to wit at the next Term of said Court to wit the June Term thereof AD 1844 the said Luther P Bates as Sheriff as aforesaid made return of said order of sale with his official report in writing [p. 43]
Joseph Smith jr pr Sheriff to . Deed.
To all People to whom these Presents shall come Greeting. Whereas in a certain suit in Chancery lately pending in the Court of Common Pleas within & for the County of Lake & State of wherein was complainant and Joseph Smith jr & others were Respondents such proceedings were had that said Court of Common Pleas at their Term of March A D 1844 did decree therein that said Joseph Smith jr, & within thirty days from the rising of said Court at its Term aforesaid pay to said the sum of Sixteen thousand four hundred nine dollars & sixty one cents ($16409.61 with interest thereon from the first day of said Term together with the costs of said suit & in default of such payment that the Sheriff of said Court proceed & cause the lands in the Bill in said cause described as mortgaged to said to be appraised advertised & sold as upon judgments at law and that from the proceeds thereof he pay first the costs of said suit second said sum of Sixteen thousand four hundred nine dollars sixty one cents with interest thereon from the first day of said Term to said and that the balance he bring into Court.
And whereas afterwards to wit on the 23d day of April AD 1844 an order of sale issued out of the Office of the of said Court in due form of law under the seal of said Court directed to the Sheriff of said County reciting said decree and commanding him to expose to sale said mortgaged premises under the Statute regulating sales on execution which order of sale was afterwards to wit on the day & year last aforesaid delivered to Luther P Bates then Sheriff of said County of Lake for execution by virtue of & in obedience to the command of which as Sheriff as aforesaid caused said lands to be duly appraised by three judicious disinterested freeholders of said County under oath who returned to him as Sheriff as aforesaid the appraisal thereof in writing a copy of which he forthwith deposited in the Office of the of said Court, he then as Sheriff as aforesaid on the 1st day of May AD 1844 gave public notice by advertisement published in the Painesville Telegraph a newspaper printed & published & in general circulation in said County which notice was continued in said newspaper from week to week for more than thirty days next preceding the day of sale hereinafter mentioned that he should offer said premises in said order of sale described at public vendue at the Court house in in said County on the 11th day of June AD 1844 between the hours of 10 Oclock AM & 4 Oclock PM of said day, on which said day & between said hours at the Court house aforesaid pursuant to said notice he as Sheriff as aforesaid offered for sale at public vendue said premises in said order of sale described and then & there duly struck off and sold the same to said on his bid therefor at & for the sum of one thousand five hundred & eighty four dollars ($1584) the same being the highest & best bid offered therefor & two thirds the appraised value thereof which said lands are described as follows to wit: situate in being Township No nine (9) in the ninth (9) Range of Townships of the in the State of & which was formerly in the County of but now in said County of Lake and known as lot No thirteen (13) parts of Twelve (12) & Fourteen (14) in Tract No two (2) in said & is bounded as follows to wit; Beginning at the south west corner of land formerly owned by Ebenezer Jennings, thence East on said Jennings line to lands owned by Mr Hyde, then south on said Hydes line to lot No thirteen (13) thence East & south by said Hyde to the public highway. then southwesterly & westerly along said highway to the meeting house lot, then Northerly to the line of lot No thirteen (13) thence to the south west corner of sd lot No thirteen (13) thence along the public highway leading from to to the place of beginning containing one hundred thirty two acres & four hundredths of an acre of land. And whereas afterwards to wit at the next Term of said Court to wit the June Term thereof AD 1844 the said Luther P Bates as Sheriff as aforesaid made return of said order of sale with his official report in writing [p. 43]
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