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

  • Source Note
Page 44
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of his said proceedings annexed to the same which report & return is herein before substantially recited in setting forth his said proceedings and submitted the same and all matters touching said sale to the said Court who having examined the same did make an order & cause the same to be entered on their journal and did thereby ratify, approve & confirm said sale & order him the said Sheriff to make execute & deliver to the said a good & sufficient deed of conveyance of the said land so sold to him. And whereas the Term of Office of said Luther P Bates as Sheriff as aforesaid has expired without his making executing & delivering to said purchaser a deed of the lands above described & sold to him as aforesaid. And whereas at the June Term AD 1846 of said Court it being by said shewn to said Court that said sale of said lands had been in all respects fairly & legally made to said that the purchase money therefor had been paid that no deed to him thereof had been by said Luther P Bates as Sheriff as aforesaid made to said said Court did make an order & cause the same to be entered upon its journal that I Jabez A Tracy then & now the Sheriff of said County and the successor of said Bates in said Office to make to the said a deed of the lands & tenements so as aforesaid sold to him which said last recited facts & order have been by the of said Court under the seal of said Court duly certified to me as required by law all which will more fully appear by the records files & journal entries of said Court.
Now therefore Know ye that I Jabez A Tracy Sheriff of said County of Lake and successor of said Luther P Bates in said Office in consideration of the premises above recited & by virtue of the authority vested in me by law, the said decree proceedings & orders of Court & particularly the order of Court last aforesaid do in my said capacity of Sheriff of said County of Lake and successor of said Bates in said Office, give grant bargain sell convey & confirm unto him the said and to his heirs and assigns forever the said lands & tenements above described & so struck off & sold to him as aforesaid with all the privileges and appurtenances thereof and all the estate right title & interest of said Joseph Smith jr & other said defendants in and to the same & every part thereof at the time of rendering said decree first aforesaid in as full and ample a manner as I the said Sheriff by virtue of said proceedings decrees & orders of Court & of my said Office can or ought to convey the same.
To have & to hold the same with all the hereditaments privileges & appurtenances thereto belonging to him the said his heirs and assigns forever to his & their own proper use & behoof.
In Testimony whereof, I do hereunto in my said capacity of Sheriff as aforesaid set my name & affix my seal this 10 day of July AD 1846.
J. A. Tracy Shff. LS
Signed sealed & delivered in presence of)
E T Wilder, O A Crary)
The State of Ohio)
Lake County ss [scilicet])
July 10th 1846 Before me personally appeared Jabez A Tracy signer & sealer of as Sheriff of said County of Lake of the foregoing instrument and acknowledged the same to be in his said capacity of Sheriff as aforesaid his free act & deed.
Benj D Chesney Notary Public
Received July 11th & Recorded July 24th 1846.
Benj D Chesney Recorder [p. 44]
of his said proceedings annexed to the same which report & return is herein before substantially recited in setting forth his said proceedings and submitted the same and all matters touching said sale to the said Court who having examined the same did make an order & cause the same to be entered on their journal and did thereby ratify, approve & confirm said sale & order him the said Sheriff to make execute & deliver to the said a good & sufficient deed of conveyance of the said land so sold to him. And whereas the Term of Office of said Luther P Bates as Sheriff as aforesaid has expired without his making executing & delivering to said purchaser a deed of the lands above described & sold to him as aforesaid. And whereas at the June Term AD 1846 of said Court it being by said shewn to said Court that said sale of said lands had been in all respects fairly & legally made to said — that the purchase money therefor had been paid that no deed to him thereof had been by said Luther P Bates as Sheriff as aforesaid made to said said Court did make an order & cause the same to be entered upon its journal that I Jabez A Tracy then & now the Sheriff of said County and the successor of said Bates in said Office to make to the said a deed of the lands & tenements so as aforesaid sold to him which said last recited facts & order have been by the of said Court under the seal of said Court duly certified to me as required by law all which will more fully appear by the records files & journal entries of said Court.
Now therefore Know ye that I Jabez A Tracy Sheriff of said County of Lake and successor of said Luther P Bates in said Office in consideration of the premises above recited & by virtue of the authority vested in me by law, the said decree proceedings & orders of Court & particularly the order of Court last aforesaid do in my said capacity of Sheriff of said County of Lake and successor of said Bates in said Office, give grant bargain sell convey & confirm unto him the said and to his heirs and assigns forever the said lands & tenements above described & so struck off & sold to him as aforesaid with all the privileges and appurtenances thereof and all the estate right title & interest of said Joseph Smith jr & other said defendants in and to the same & every part thereof at the time of rendering said decree first aforesaid in as full and ample a manner as I the said Sheriff by virtue of said proceedings decrees & orders of Court & of my said Office can or ought to convey the same.
To have & to hold the same with all the hereditaments privileges & appurtenances thereto belonging to him the said his heirs and assigns forever to his & their own proper use & behoof.
In Testimony whereof, I do hereunto in my said capacity of Sheriff as aforesaid set my name & affix my seal this 10 day of July AD 1846.
J. A. Tracy Shff. LS
Signed sealed & delivered in presence of)
E T Wilder, O A Crary)
The State of Ohio)
Lake County ss scilicet)
July 10th 1846 Before me personally appeared Jabez A Tracy signer & sealer as Sheriff of said County of Lake of the foregoing instrument and acknowledged the same to be in his said capacity of Sheriff as aforesaid his free act & deed.
Benj D Chesney Notary Public
Received July 11th & Recorded July 24th 1846.
Benj D Chesney Recorder [p. 44]
Page 44