Agreement with Claudius Stannard, 3 October 1836

  • Source Note
  • Historical Introduction

Document Transcript

This Agreement, Made at this third day of October A. D. 1836, by and between Claudius Stannard of the first part, and and Joseph Smith Juniour (all of in the County of Geauga and State of Ohio) of the second part, WITNESSETH, That the said party of the first part, hath this day agreed to sell unto the said party of the second part, his their heirs, executors or administrators, the following tracts or lots of LAND, situate in Township number ninth in the ninth Range, in the , being Lot Number five containing one hundred and forty seven acres and 57/100 of an acre, and fifty acres from the south End of lot Number six in Tract Number two in said , containing in the whole One hundred and ninety seven acres and fifty seven hundredths of an acre
Together with the hereditaments and appurtenances thereunto belonging, but subject to all highways. And the said party of the second part doth agree to pay to the said party of the first part, for the land aforesaid, the sum of [blank] payable as follows: Six thousand nine hundred and fourteen Dollars and ninety three cents payable as follows one thousand Dollars in hand, two thousand Dollars on or before sixty days after this date, one thousand Dollars on the 3d day of October 1837 one thousand Dollars on the 3d day of October 1838 one thousand Dollars on the 3d day of October 1839 and nine hundred fourteen Dollars & ninety three cents on the 3d day of October 1840—
With interest from this date, to be paid annually: And also to pay all taxes, of every description whatever, that may be levied on said land from and after the date of these presents. NOW, if the said party of the second part, or their heirs, shall well and truly pay the said purchase money, interest, and taxes named in this Agreement, as it becomes due, the said party of the first part, or his heirs, will well and truly make, execute and deliver unto the said party of the second part, or their representatives, a good and sufficient DEED of the Land aforesaid. BUT on the failure of the second part to pay as above specified, then this Agreement to be void as it regards the party of the first part, at his option.
It is understood & agreed by the above named contracting parties that on the payment of three thousand Dollars if paid within the time above St[5 words illegible] first party is to make and Deli[5 words illegible] good Warantee Deed, and the [5 words illegible] the said land to the first party [5 words illegible] of the remaining purchase mo[5 words illegible] that the second party are to have [5 words illegible] the Exception of a privilege to the [5 words illegible] he now has during the present season, [5 words illegible] untill Spring to q[u]arry and take off 30 Cords of Stone, and the use of the Barn untill Spring Except one Stable, or as soon as the first party shall dispose of his hay & grain in the barn the second party is to have the ocupancy of the whole barn [p. [1]]
In witness whereof the parties above described have hereto set our hands <​& seals​> the Day & year first above written
[signatures and seals removed]
In presence of
J. Lapham
Wm. C Stannard
 
C Stannard & others
Contract
 
Recd. one thousand Dollars on the within contract October 3d. 1836
Claudius Stannard
 
Recd. One thousand & twenty Dollars, & I agree to give thirty days time from this date for the ballancs of the paym[en]t which is now due on the within contract <​and​> am to have twelve per cent interest on the same, untill paid
December 3d. 1836
Claudius Stannard
 
It is agreed by the contracting parties named in this Instrument that In consideration on the part of the said Stannard of the Amount hereon Endorsed, And on the part of the said , , and Smith in consideration of the Ocupancy and proffits of the farm by them md, that this contract is cancelled and Each party respectively are hereby released from the further fulfilmet of any of the Stipulations contained therein
April 2d. 1838
Claudius Stannard
By J Lapham his Atty—
By Aty agt [p. [2]]

Footnotes

  1. new scribe logo

    Printed form ends; Jonathan Lapham handwriting begins.  

  2. 1

    TEXT: Eight lines of text cut out upon removal of signatures on verso.  

  3. 2

    TEXT: Signatories would have been Claudius Stannard, Parley P. Pratt, Brigham Young, and JS.  

  4. new scribe logo

    Signatures of Jonathan Lapham and William C. Stannard.  

  5. new scribe logo

    Docket in handwriting of Jonathan Lapham.  

  6. new scribe logo

    Notation in handwriting of Jonathan Lapham.  

  7. new scribe logo

    Signature of Claudius Stannard.  

  8. new scribe logo

    Notation in handwriting of Jonathan Lapham.  

  9. new scribe logo

    Signature of Claudius Stannard.  

  10. new scribe logo

    Cancellation in handwriting of Jonathan Lapham.  

  11. new scribe logo

    Signature of William Marks.