Mortgage to Mead, Stafford & Co., 11 July 1837

  • Source Note
  • Historical Introduction

Document Transcript

Know all men by these presents, that we Joseph Smith junior , , , , and of , County of Geauga and State of Ohio, in consideration of the sum of four thousand five hundred Dollars received to our full satisfaction of Zalmon H. Mead, Jonas Stafford, and Robert W. Mead merchants of the City of trading under the name and firm of Mead Stafford & Co, do hereby bargain, sell, assign and transfer to the said Zalmon H. Mead, Jonas Stafford, and Robert W. Mead merchants of the City of trading under the name and firm of Mead Stafford & Co as aforesaid, their heirs and assigns, all the right, title, and interest, which we, or either, or any of us leave in and to the in situate in aforesaid, called also the “” and in and to the land on which the same is situate, and including and hereby expressly selling and conveying to the said Zalmon H. Mead, Jonas Stafford, and Robert W. Mead their heirs and assigns all the right, title, and interest which we or either of us have in and to any and all furniture used in and about said , and in and to all ancient curiosities, writings paintings or & sculpture, therein contained and an kept, and including also, and hereby expressly understood selling and conveying to said Zalmon P H. Mead, Jonas Stafford, and Robert W. Mead <​any and​> all the debts in any manner due and owing to us or either or any of us for services renderd, materials furnished, or advances of money or other property made for the building & <​furnishing​> of said house, and particularly a debt of about six <​sixteen​> thousand Dollars due said , , and for advances made towards the building & furnishing of said — To have and to hold all the premises aforesaid to the said Zalmon H. Mead, Jonas Stafford, and Robert W. Mead, their heirs or assigns forever <​to their own proper use & behoof forever—​> On the
The condition of the above instrument is such that whereas we the said Joseph Smith junior, , , , , and have this day executed and delivered to the said Zalmon P H. Mead, Jonas Stafford, and Robert W. Mead our three joint and several promissory notes all duly executed by us and all bearing even date herewith [p. [1]] and all payable to said Zalmon W H. Mead, Jonas Stafford and Robert W. Mead (by the name & description of their said firm of Mead Stafford & Co) or order, one for the sum of thirteen hundred and seventy seven dollars and one cent due on the eighhth day of July AD 1837 1838, one for the sum of fourteen hundred and sixty four Dollars and fifty four cents due on the eighth day of July AD 1839, and one other for the sum of fifteen hundred and fifty two Dollars and twenty two cents due on the eighth day of July AD 1840, now if we the said Joseph Smith junior, , , , , and , or either <​of us​> shall well and truly pay the aforesaid notes according to the tenor and effect thereof to at the time the same become due, to the said Zalmon P H. Mead, Jonas Stafford, and Robert W. Mead, their heirs, executors, administrators or assigns, then the above obliga sale and assignment to be void, otherwise to remain in full force and virtue in law; and it is further <​expressly​> understood that the said Zalmon C H. Mead, Jonas Stafford, and Robert [W.] Mead are not to take possession of, or dispose of the property above described until the said eighth day of July AD 1840 when said last mentioned note becomes due, provided however & it is expressly stipulated, that in case we the said Joseph Smith junior, , , , , or & , or either, or any of us shall <​at any time​> attempt to remove, or sell, or dispose of any of the property aforesaid, then it shall be competent for the said Zalmon C H. Mead, Jonas Stafford, and Robert W. Mead, forthwith a[n]d they are hereby authorized & empowered forthwith to take possession of, and sell, and convey and dispose of all the and singular the property rights and credits aforesaid, in such manner, and to such persons, and on such terms as they shall see fit— In witness whereof, we have hereunto set our hands and seals this eleventh day of July AD 1837—
Joseph Smith Jr Seal [p. [2]]
Seal
Seal
Seal
Seal
Seal [6 lines blank]
The mummies and ancient mummies <​writings​> now in said are now excepted from the above assignment because they are not owned by me or any of the other makers of the foregoing instrument—
July 11th 1837—
Joseph Smith Jr S[eal] [5 lines blank]
Whereas there is a doubt whether by the terms of the above assignment, the said makers of said assignment are <​not​> precluded from giving to any other person or persons a mortgage on the above premises, we hereby declare that it is not our the intention of the above consignment that any mortgage of given by said makers on the same property shall not be construed as a sale or disposition of said property so as to authorize us to take possession of and sell, dispose of & convey the same, prior to said eighth day of July AD 1837 1840, but we do not hereby waive any legal preference which the above sale & assignment gives us over to any subsequent mortgages of the same property— July 11th 1837—
Mead Stafford & Co [p. [3]]
Joseph Smith Jr. & Others
To
Mead Stafford & Co
Assignment
 
Recd July 14th. 1837 at 9 O.Clock PM & Recorded July 20th. AD 1837 in Geauga County Records Book ‘X” pages 213 & 214
— Recorder
F 7 —

Footnotes

  1. new scribe logo

    Reuben Hitchcock handwriting begins.  

  2. 1

    The ancient curiosities and writings likely included the Egyptian mummies and papyri. The mummies were displayed in the upper rooms of the Kirtland House of the Lord for a time. Although the mortgage agreement initially included the Egyptian artifacts, an addendum signed by JS, found at the end of this featured text, excluded them from the mortgage. (Woodruff, Journal, 25 Nov. 1836; for more on the Egyptian artifacts, see Book of Abraham Manuscript, ca. Early July–ca. Nov. 1835–A [Abraham 1:4–2:6].)  

    Woodruff, Wilford. Journals, 1833–1898. Wilford Woodruff, Journals and Papers, 1828–1898. CHL. MS 1352.

  3. 2

    TEXT: Or “C”.  

  4. 3

    TEXT: “Robert [page torn] Mead”.  

  5. 4

    TEXT: Possibly “is it”.  

  6. 5

    TEXT: Or “P”.  

  7. 6

    TEXT: “a[page torn]d”.  

  8. new scribe logo

    Signatures of JS, Sidney Rigdon, Hyrum Smith, Reynolds Cahoon, Jared Carter, and Oliver Cowdery.  

  9. new scribe logo

    Each “Seal” is enclosed in a hand-drawn representation of a seal. Handwriting of Reuben Hitchcock.  

  10. 7

    This addendum to the mortgage agreement was also written by Reuben Hitchcock on 11 July. The addendum may have been added because JS’s ownership of the Egyptian artifacts was uncertain; at this time he may have been a partial owner or transferred his ownership to someone else. When the mummies were initially purchased from Michael Chandler, Joseph Coe provided promissory notes in his name to Chandler for $2,400. A later agreement, not extant, stipulated that an S. Andrews and JS would provide $800 each to Coe to offset the amount he paid Chandler. In 1844, Coe claimed that JS had not fully paid his portion of the contract and that he was owed an additional $100 by JS. In reply, JS stated that he had paid the $800 as agreed but did not indicate when. (Joseph Coe, Kirtland, OH, to JS, Nauvoo, IL, 1 Jan. 1844, JS Collection, CHL; JS, Nauvoo, IL, to Joseph Coe, Kirtland, OH, 18 Jan. 1844, copy, JS Collection, CHL.)  

  11. new scribe logo

    Original signature of JS. “S” is enclosed in a hand-drawn representation of a seal. Handwriting of Reuben Hitchcock.  

  12. new scribe logo

    Reuben Hitchcock handwriting ends; unidentified scribe begins. The fact that this signature for Mead, Stafford & Co. appears in different handwriting than the rest of the document suggests that there was a representative of the firm present to sign the agreement on 11 July 1837. In contrast to other signatures, no seal is included.  

  13. new scribe logo

    Unidentified handwriting ends; Ralph Cowles begins.