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

  • Source Note

Document Transcript

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] 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]

Footnotes

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    TEXT: “LS” (locus sigilli, Latin for “location of the seal”) enclosed in a hand-drawn representation of a seal.