|
IV.
RECORDED QUIT CLAIM DEEDS OF TRANSFERS
OF CLAIMS.
[In an act approved December 3rh 1836, the Legislative Assembly of
Wisconsin declared, "that all contracts, promises, assumpsits, or
undertakings, either written or verbal, which shall hereafter be made in
good faith and without fraud, collusion, or circumvention, for sale,
purchase or payment of improvements on the lands owned by the government
of the United States, be deemed valid in law or equity and may be sued
for and recovered as in other contracts;" and, "that all deeds of quit
claim or other conveyances in writing, bona fide made for the transfer
or conveyance of all improvements upon such public lands, shall be as
binding and effectual in lw, for conveying the title of the grantor in
and to the same, as in other cases."---See Laws of Wisconsin, p. 35.
Consult also, in this connection, "An Act to prevent trespass and other
injuries being done to the possession of settlers on the public domain
and to define the extent of the right of possession on the said lands,'
approved, January 19th 1838.--See Laws of Wisconsin, pp. 504 and 505.
The two acts of the Wisconsin Legislative Assembly, above referred
to, were subsequently re-enacted by the Legislative Assembly of
Iowa--See Laws of Iowa, 1838, pp. 388 and 389.
The attitude of the Supreme Court of the Territory of Iowa may be
briefly stated as follows:
A sealed note, given for improvements on public lands, is not part of
an illegal contract, and it is collectible.---Hill v. Smith, Morris, 70.
Merely selling lands belonging to the United States, where no
deception is practiced, is not a fraud upon the purchaser. The
traffic in public lands is not illegal. Standard et al v.
McCarty, Morris, 124.
A parol contract for the sale of improvements upon public lands is
valid, and is not such an interest in lands as the statute of Frauds and
Perjuries contemplates.--Zickafosse v. Hulick, Morris, 175.
A note executed in consideration of a quit claim to certain lots of
land, the title to which is in the United States, but containing
improvements upon tem, is collectible.---Wilson v. Webster, Morris,
312.
A "claim" on the public lands is a good consideration for a
contract.--- Starr & Hurgess v. Wilson, Morris, 438.
See also, McCoy v. Hughes, 1 Green, 370; Doolittle v. Bridgeman, 1
Green, 265; Ellis v. Mosier, 2 Green, 246; pierson v. David, et al.,
1 Iowa, 23; Spry v. Sleppy, 15 Iowa, 409.]
[1] (Note: At this
point in the original manuscript the pages are again numbered 1, 2, 3.)
This quit claim Deed made this third day of January 1839 witnesseth
that I. Samuel Bumgardner has this day bargened and sold and by these
presants doe bargen and convey to Andrew D Stephen (boath partees of the
County of Johnson and Territory of Iowa) all my right title interest and
claim in and to the following Tract or parcel of Land lying and beeing
in the county and Territory aforsaid the same beeing the North west
quarter of section Fourteen North east quarter of section fifteen and
that part of the North west quarter of section fifteen that lyes East of
the Iowa River the above quarters beeing in seventy Nine North six west
of the fifth principal meridian for the sum of seventy five Dollars. to
me in hand paid by the said Andrew D Stephen given under my hand and
seal and date above written
Samuel Bumgardner. [L S} (Note: Locus
Sigilli, place of the seal.)
attest
Samuel. H. McCrory
Samuel C Trowbridge.
admited to record March 15th 1839.
Quit Claim Deed
This Indenture made this 3 day of January 1839 between Andrew D Stephen
of the first part and Samuel H McCrory of the second part boath parties
of the County of Johnson & Territory of Iowa witnesseth that Andrew D
Stephen of the first part for and in consideration of one hundred and
fifty Dollars. paid by the said S. H McCrory of the second part the
receipt of which is hereby acknowledged have granted bargened and Sold
to Samuel H McCrory the one equal & undivided half of the North east
quarter of section No Twenty Two of Township No. Seventy Nine North
range No 6 west of the fifth principal meridian by these presents have
granted bargened and sold to the said S H McCrory. all my right title
interest claim and demand in and to the afforsaid described land as well
as in possession as in expectancy given under my hand and seal this day
and date above written
A D Stephen [Seal]
Test
Samuel C Trowbridge.
Admited to record March 15th 1839.
Quit Claim Deed
This Indenture made this first day of March Eighteen hundred & thirty
nine by and between Andrew D Stephen of the first part and Samuel
Bumgardner of the second part boath parties of the County of Johnson &
Territory of Iowa witnesseth that the said party of the first part has
this day sold and quit claimed unto the said party. of the second part
all his right title interest and claim in and to the within piece or
parcel of land lying and beeing in the County and Territory aforsaid
that is to say the North west quarter of section fourteen the above
quarter being in seventy nine North six west of the of the fifth
principal meridian for the sum of fifty Dollars. to me in hand paid by
the said party of the second part the receipt of which is here by
acknowledged given under my hand and seal this day and year first above
Written
A D Stephen
Test
Samuel H McCrory
handed in for record March 15th 1839.
[2]
This quit Claim witnesseth that I Elias Secor of the county of
Johnson Territory of Iowa for and in consideration of Twenty five
Dollars. the Reciept of which is here by acknowledged have this day
bargened and sold and quit claimed all my right title interest and claim
to a certain tract of land lying and beeing in the county and Territory
above mentioned Knowing by these bounds South east corner with Elias
Secor running one mile North cornering with Secor thence three fourths
of a mile west thence one mile south thence to the place of commencement
lying both sides of the old mans creek Unto Peter Crum of the county and
Territory aforsaid to him his heirs and assigns to hold for ever also
warrants and defends the said tract of land from all claims up to this
date witness my hand and seal this the second day of March 1839
Elias Secor
Witness
Samuel C Trowbridge
This Indenture made this second day of June one thousand Eight
hundred and thirty Eight between John Morford of the one part & Philip
Clark of the other part. and boath partees of the county of Johnson &
Territory of Wisconsin (Note: Several of
the deeds herein recorded date back to the time when Iowa was still a
part of Wisconsin Territory.) witnesseth that the said John
Morford for in consideration of the sum of three thousand Dollars. in
hand paid by the said Philip Clark the receipt of which is hereby
acknowledged hath bargened. granted and sold and by these presents doe
grant bargen and sell release and confirm unto the said Philip Clark his
heirs and assigns all the right title interest and claim of him the said
John Morford in and to his farm or claim on and to a certain tract or
parcel of land lying and beeing in the county of Johnson and Territory
of Wisconsin the same tract or parcel of land lying on the Iowa River &
Bounded on the south by Gilbert and Clarks claim which they purchased of
Massey on the west by the Iowa River on the North by Andrew D Stephens
Claim and on the east by the Prairie with all the appurtenances there
unto belonging to the said Philip Clark his heirs and assigns and to the
only proper use of him the said Philip Clark. the said John Morford
warrents and defends the title or claim in and to the afforsaid tract or
parcel of land above described against all persons claiming under by or
through him the said John Morford and none other in witness where of I
have here unto set my hand and seal this day & date above written
John Morford
attest
S H McCrory.
handed in for Record March 23 1839.
[3]
This Quit Claim deed made this twenty seventh day of February one
thousand Eight hundred & thirty nine witnesseth that Elijah Hurley of
the first part has this day sold and quit claimed to Charles Jones of
the second boath parties of the county of Johnson and Territory of Iowa
a certain tract or claim in and to a certain parcel of land for the sum
of one hundred and fifty Dollars. paid to me by the said Charles Jones
the Receipt of which is hereby acknowledged for and in consideration of
said sum of money. I doe here by convey and confirm unto the said
Charles Jones. all my right title claim and demand as well in expectancy
as possession in and to the follwoing described lands lying & beeing in
the county of Johnson. Territory of Iowa and beeing the west half of
section seventeen Township seventy nine North range five west and the
south west quarter of section Eight. Township seventy nine North range 5
west & the East half of the North west quarter of section seven & the
west half of the North East quarter section seven Township seventy nine
North range five west of the fifth principal meridian given under my had
and seal this day and date above written
Elijah Hurley
witness
S. C. Trowbridge
handed in for record March 27. 1839.
(Delivered)
Know all men by these presants that I Samuel Henderson of Wisconsin
Territory for and in consideration of the sum of fifty Dollars. to me in
hand paid to grant bargen sell and convey to Messrs Turner and McCrory
of Napoleon in Territory aforsaid all my Right Title for ever to a
certain tract of land known and described as follows. commencing south
of an Oak tree 80 Rods then East one mile to a stake in the Prairie then
due North to a white Oak tree thence due west to a Black Oak tree thence
south to the place of beginning three miles North of Napoleon in
Testimony where of I hereunto sign my name & affix my seal April 11th
1838
Samuel Henderson
Attest
John Gilbert
handed in for record March 27 1839.
[4]
Assignment of. A Deed
For and in consideration of the sum of forty six Dollars. I doe here
by assign sell and convey all my right title & claim in and to the with
in claim to Samuel H McCrory--of the Territory of Iowa.
Sames. S. Turner-----
By S H McCrory his attorney in fact.
November 23rd 1838.
Samuel H McCrory is fully empowered by me to make a deed of my claim
to any person that wishes to purchase the same.
James S Turner
Napoleon June 28th 1838
This quit claim Deed made this 5 day of March A D 1839 witnesseth
that we Eli Myers & Henry Felkner have this day sold unto Elijah Hilton
the west half of section 30 Town 80 range 5 west for the sum of Twenty
five Dollars. in hand paid as witness our hands this date above written
Eli. Myers.
Henry. Felkner.
handed in for Record March 28th 1839
An article of agreement made this day between John. A. Street of
Iowa. and Nelson Hasting of Bloomington (Note:
Now Muscatine.) the agreement is this that the said John A
Street. agrees to sell a certain Claim and rails and what there on the
claim lies North East of Napoleon 3 miles in the County of Johnson Iowa
Territory and sold to said Nelson Hastings for the sum to Two Hundred
Dollars to be paid in Two Instalments namely one hundred to be paid the
first of April and one hundred the by the first day of July Next If the
money is paid a cording to agreement. from the said Nelson Hastings to
the Said John A Street then this agreement is in full force and if not
paid a cording to agreement. then this is nul and void January 2nd 1839.
John A Street
witness
Robert. Walker
handed in for record March 27 1839
(Delivered)
[5]
Know all men by these presents that we Saml H McCrory & Andrew D
Stephen for and in consideration of the sum of one hundred and seventy
five dollars. to us in hand paid the receipt of which we doe hereby.
acknowledge have bargened sold and forever quit claimed unto William B
Snyder. all our right title interest estate and demand whatever to all
those certain tracts or parcels of land Known as the south East quarter
of section thirty one & the south west quarter of section Thirty Two
Township seventy nine North range five west of the fifth principal
meridian Lying on Gilberts Creek & about two miles due east of Gilberts
trading House including the Grand view Grove Against the claim or claims
of all persons except the United States we will for ever warrent &
defend to this date syned seald and delivered this the 28 day of March A
D 1839
S H McCrory [L S]
A D Stephen [L S]
In presants
S. C. Hastings
Luke Douglass.
By S H McCrory attorney in fact
handed in for record March 28th 1839.
(Delivered)
I doe hereby authorise Samuel H McCrory to attend to my claims in my
absence.
A. D. Stephen
March 16 1839.
Quit Claim Deed
This Indenture made this second day of March 1839 by and between Samuel
B Mulholland of the first part and William Wilson of the second part.
boath parties of the county of Johnson & Territory of Iowa witnesseth
that the said party of the first part has this day sold quit Claimed and
conveyd to the said party of the second part all his right title
interest and claim in and to the with in described piece or parcel of
land here in after mentioned that is to say the one equal and undivided
half of the south west quarter of section Twenty Three Towhship seventy
nine North range 6 west of the 5 principal meridian for the sum of
fifteen Dollars to me in hand paid by the said party of the second part
the receipt of which is here by acknowledged in witness where of I have
hereunto set my hand and seal this day and year first above written
S. B. Mulholland
Delivered
Test
A. D. Stephen.
[6]
This quit claim deed made this. Twentieth day of Febuary One thousand
Eight hundred & Thirty nine witnesseth that A D Stephen has this day
bargened sold and conveyed and & by these presants doe bargen sell and
convey to William Willson boath parties of the county of Johnson &
Territory of Iowa A certain tract parcel or claim of land lying & beeing
in the county of Johnson & Territory of Iowa the same beeing the North
west quarter of section fifteen Township seventy nine North Range 6 west
of the 5 principal meridian according to a survey made by George
Bumgardner (Note: Three differenct
persons seem to have made surveys of claims in Johnson County, namely,
George Bumgardner, Luke Douglass and Cyrus Sanders.) for the
sum of Two hundred Dollars. the receipt of which is here by acknowledged
given under my hand this day and date above written
A D Stephen
handed in March 16th 1839. (Delivered)
This Indenture made this 2 day of June one thousand Eight hundred and
Thirty Eight between Philip Clark of the one part and John Morford. of
the other part and boath parties of the county of Johnson and Territory
of wisconsin witnesseth that the said Philip Clark for and in
consideration of the sum of Three Thousand dollars in hand paid ty the
said John Morford the receipt of which is hereby acknowledged. hath
bargened granted and sold and by these presants doe grant bargen sell
release and confirm unto the said John Morford his heirs and assigns all
the right title Interest & claim of him the said Philip Clark in and to
his farm or claim on & to a certain tract or parcel of land lying being
in the county of Johnson & Territory of Wisconsin the same tract or
parcel of land lying on the Iowa River and Bounded on the North by I N
Leah on the East by the Bluff on the south by the farm or claim of Weave
on the west by the Iowa River with all the appurtenances there unto
belonging to the said John Morford his heirs and assigns. and to the
only proper use and behoof the said John Morford the said Philip Clark
warrents and defends the title or claim in and to the aforsaid tract or
parcel of land above described against all persons claiming under by or
through him the said Philip Clark and none others in witness & whereof I
hereunto set my hand and seal this day and date above written
Philip Clark [L S]
attest
Saml. H. McCrory.
handed in March 29th 1839.
[7]
This Quit Claim Deed made this Eighteen day of August Eighteen
hundred and thirty Eight witnesseth that John Smith of Johnson County &
Territory of Iowa has this day bargened and sold & by these presants
doth grant bargen and sell unto David Switzer of the County and
Territory aforsaid all the right title or claim of him the the said John
Smith in & to the following described tract or parcel of land situated
Lying & beeing in the county & Territory aforsaid and claims of parcels
of Land lying and being on the Iowa River & bounded as follows. on the
west by the Iowa River on the south by Odells claim on the East by
Bradley Claim on the North by Martin Smiths. Claim and also a tract a
tract of Land for a timber Claim situated in the bend of the river &
south of Martin Smiths claim to have the aforsaid claims or parcel of
land with all the apertinances there unto belonging to him the said
David Switzer his heirs and assigns. and the said David Switzer having
paid the said John Smith Two hundred and fifty Dollars. for the aforsaid
Claims the receipt whereof is hereby acknowledged and the said John
Smith warrents and defends the above claims to the said David Switzer
against all Persons claiming under or through him and none others. in
witness where of the said John Smith has hereunto set his hand and
affixed his seal this day and year above written
John Smith [seal]
attested by
Jonathan Harris.
handed in for record March 29th 1839.
This Deed made this Eighteen day of August Eighteen hundred & thirty
Eight between Jonathan Harris of Johnson county & Territory of Iowa of
the one part and David Switzer of the same place of the other witnesseth
that the said Jonathan Harris for and in consideration of the sum of one
thousand Dollars. to him in hand paid by the said David Switzer the
receipt whereof is hereby acknowledged hath granted bargened and by
these presants doth grant bargen and sell unto the the said David
Switzer all his right title and claim of him the said Jonathan Harris in
and to a tract or parcel of Land situate on the west side of the Iowa
River and bounded as follows. on the south by a line of agreement
between the said Jonathan Harris & his father Pleasant Harris on the
east by the Iowa River on the North by a line running due East from or
through a small grove against the Bluff to the River & Bounded by Wards
claim and on the west by the school section also a timber claim across
old mans creek of a quarter section as marked & Bounded & Recorded by
said Jonathan Harris to have and to hold the aforsaid claims or parcels
of Land together with all the improvements. & apertinances there unto
belonging to him the said David Switzer. his heirs and assigns and the
said Jonathan Harris will warrent and defend the said claims to the said
David Switzer against all persons claiming under or through him and none
other in witness whereof the said Jonathan Harris has hereunto set his
hand and affixed his seal this day & year above written
Jonathan. Harris [S Eal]
handed in for Record March 29th 1839.
[8]
Know all men by these presants that I John Gilbert of Johnson County
and Territory of Iowa for and in consideration of the sum of Two hundred
and fifty Dollars. to me in hand paid by James Massey of the Territory
aforsaid the receipt thereof is here by acknowledged I doe hereby grant.
bargen sell and convey unto said Massey all my right title and interest
to a certain piece or parcel of land described as. Follows. being the N
west quarter Section thirty five in Township 79 North also a fraction
between it and the Iowa also the timber lying opposite in Testimony
whereof I herunto set my hand and affix my seal this 18 day of August
1838
John Gilbert. [Seal]
Test
S. C. Trowbridge.
August the 20 1838 I hereby assign all my right title and Interest to
Lewis D Jones of Iowa Territory to the claim above described
James W. Massey [Seal]
I here by assign all my claim right and title to the with in
described tract or parcel of Land
in witness where of I have here unto set my hand and and affixed
by seal this 15th day of March 1839.
Lewis. D. Jones
handed in 29 March
This Indenture made this 14 day of March in the year 1839. between
pleasant Harris of Johnson County & Territory of Iowa of the first part
and David Switzer of the county & Territory aforsaid of the second part.
witnesseth that the said Pleasant Harris for and in consideration of the
sum of nine hundred Dollars. to him in hand paid the receipt where of
the party of the first part doth hereby acknowledge hath bargened sold &
quit Claimed unto the party of the second part all his right to the
following described tract or parcel of land lying & being in the County
aforsaid bounded as follows. beginning at a Stake on the east bank of
the Iowa River about seventy rods south of where the said Harris now
lives thence west fourteen Rods thence North twenty Rods thence west to
the East line of the school section thence North to the south west
corner of said Switzors claim thence East following the south line of
asid claim to the Iowa River thence south following the meanderings of
said River to the place of beginning containing Two hundred acres. more
or less which said right the said Pleasant Harris doth quit Claim and
for ever relinquish to the said David Switzor. his heirs or assigns In
witness where of I the said Harris doth hereunto set my hand & seal this
date above
Pleasant. Harris [seal]
A Welcott
handed in March 29. 1839.
[9]
Know all men by these presants that I Nelson Hastings for and in
consideration of One hundred Dollars to me in hand paid have bargened
sold and quit claimed unto S C Hastings all my right title and interest
to one undivided half of all that tract or parcels of land known as the
east half of section Eighteen and the south East quarter of section
seven in Township seventy nine North range five west in the county of
Johnson. as witness my hand and seal this 30 day of March 1839
Nelson Hastings
handed in for Record April 2nd 1839.
(deliveered)
Know all men be thes presants that I John A Street has this day
swaped or exchanged the following tract or parcel of land with Henry G
Reddout the said land lying and beeing on the Prairie North East from
the Trading house about one & a half miles & embracing a small
Grove at the head of some low lands lying N. E. of the trading house the
above claim commences at the south East corner at a Stake on the
Township Line and runs thence one mile due west then half a mile due
North to a stake then one mile due due East to a stake then half a mile
due south to the place of beginning containing half a section for a
certain tract or parcel of land as described in said Reddouts deed of
conveyance to me. I hereby Quit claim all my right title in and to
the above described tract or parcel of land to the aforsaid Henry G.
Reddout his heirs and assigns given under my hand & seal this 2 day of
April 1839
John A Street [Seal]
handed in for Record March 2nd 1839. (Delivered)
Know all men by these presants that I Henry G Reddout has this day
swaped or exchanged the following tract or parcel of land with John A
Street the same beeing the East half of section thirty four Township 80
North range six west for a certain tract or parcel of land as described
in said Streets deed of conveyance to me. I hereby quit claim all my
right Title in and to the above described tract or parcel of land to
John A Street his heirs and assigns given under my hand and seald this 2
day of April Eighteen hundred and thirty nine
Henry G Reddout [L S]
handed in for record March 2nd 1839
[10]
Know all men by these presants that I James Massey of Johnson County
& Territory of Wisconsin for and in concideration of the sum of three
Hundred & fifty Dollars. to me in hand paid by Philip Clark & John
Gilbert of the county and Territory aforsaid the receipt whereof is
hereby acknowledged I doe hereby give grant sell and convey unto said
Clark and Gilbert their heirs and assigns forever all my right title and
interest to a certain piece or tract of land known and described as
follows. North half of Section thirty five & south half of section
Twenty six. bounded west by the Iowa River North by John Morfords claim
south by John Gilberts Claim also one quarter section of Timber lying
oposite the above described claim on the Iowa River said Massey agrees
and firmly binds him self under the forfeiture of a perportionable part
of the payment of said claim if Pleasant Harris or William Harris should
by force or otherwise ocupy any or all of said Claim in Testimony
whereof I have here unto set my name and affixed my seal this 31st day
of March 1838 a copy taken from the original filed with J
Gilbertss Deed Papers. this 1 day of April 1839. S. H McCrory.
James Massey [L S]
Know all men by these presants that I James Massey of the County of
Johnson and Territory of Iowa. have this day bargened and sold unto
Isaiah P Hamilton of the county & Territory aforsaid a certain claim
beeing and Lying in the county aforsaid Known to be the west half of the
Claim made by William Massey for and in consideration of four hundred
Dollars. lawful money of the United States to be paid by the said Isaiah
P Hamilton in two payments unto the said James Massey his heirs
executors or administrators for which sum the said James Massey of the
county & Territory aforsaid conveys all his right and title and
Improvements where unto I have this day signed with my hand and sealed
with my seal August 31st 1839
James Massey [L S]
attest Frederick Lowe
The Conditions of the above obligation is such that if the said
Isaiah P Hamilton of the County & Territory aforsaid shall discharge two
certain promissory notes given by him payable unto the said James Massey
or order then the said I P Hamilton to be the rite and lawful owner but
if the said I P Hamilton fails in any wise to discharge the same notes
on or before the demand then the said I P Hamilton forfeits the said
claim with all the Improvements made there on by the said Isaiah P
Hamilton whereunto I have this day signed with my name and sealed with
my seal this August 30 1838
Isaiah P Hamilton
a copy taken from the original in William Masseys made this 1st day
of April 1839
[11]
This quit Claim Deed made this 1 day of April 1839 witnesseth that I
John A Street of the first part has this day sold to Samuel Bumgardner
of the second part a certain tract or parcel of land lying and beeing in
the county of Johnson and Territory of Iowa the same beeing the
southwest quarter of section one Township seventy nine North R 6. W of
the 5 principal meridian for the sum of fifteen Dollars to me in hand
paid by the said Samuel Bumgardner the Receipt of which is here by
acknowledged in consideration of the aforsaid sum of fifteen Dollars. I
doe hereby convey release & confirm all my right title interest and
claim in and to the before mentioned quarter of land to the said Samule
Bumgardner. his heirs and assigns given under my hand and seal this this
day and date above written.
John A Street
handed in April 2nd 1839.
This quit Claim Deed made the Thirty first day of January
1839-witnesseth that I Samuel. C. Trowbridge of the County of Johnson &
Territory of Iowa has this day bargened and sold and by these Presants
do bargen and sell and convey unto Elijah Hilton of the County and
Territory sforsaid all my my right Title & Claim in and to a certain
quarter section of land lying and beeing in the county aforsaid
the same beeing the N. W. qr of Sect 13 Town 79 N R 6. west of the fifth
Principal meridian (according to a survey of claims made by George
Bumgardner.) the aforsaid quarter is situated and lyes. between my
Prairie quarter & Timber quarter for and in consideration of the sum of
fifty Dollars to me in hand paid by the aforsaid Elijah Hilton I doe
hereby Release convey and confirm to the said Elijah Hilton all my right
title and claim to the aforsaid described land given under my hand this
day & date above Written
Samuel. C. Trowbridge. [L. S.]
attest
A D Stephen
S H McCrory.
handed in April 3rd 1839.
[12]
Know all men by these presants that I Isaac N Lesh of Johnson County.
& Iowa Territory have bargened and sold and doe by these presants grant
bargen and sell unto Eli Myers of said County and Territory all my right
Interest & claim as well in possession as in expectancy to a certain
tract or parcel of land lying on the east side of the Iowa River and
bounded as follows towit commencing at the N E. Corner. of John Morfords
claim thence a westerly direction along said Morfords North Line to the
Iowa River thence Northwardly along said River to a certain leaning
white Elm in the Edge of the bottom Prairie said Elm is blazed thence
East to a stake in the side of the Bluff in the Prairie thence south to
the place of beginning for and in consideration of the sum of fifteen
hundred Dollars to him in hand paid the receipt of which is hereby
acknowledged to have and to hold the said premises with all and singular
the appurtenances there unto belonging unto the said Eli Myers his heirs
executors or assigns. and the said Lesh. the aforsaid land unto the Eli
Myers his heirs and assigns against the claim of each and everry person
claiming in through or under him will warrent and defend. in Testimony
whereof I. have hereunto set my hand and seal this 24 day of October
1838
Isaac N Lesh
Henry Felkner
handed in April 4th 1839. Delivered
This quit Claim deed witnesseth that I Samuel Bumgardner of the
County of Johnson & Territory of Iowa. deeded bargend and sold & by
these presants do bargen and sell and convey unto William Sturgis of the
County aforsaid all my right title and claim in and to the following
Tract or parcel of land lying in the County aforsaid for the sum of
Twenty five Dollars. the Receipt of which is hereby acknowledged the
aforsaid Tract or parcel of land beeing the south East quarter of
Section fourteen Township 79 N R 6. west of the 5 principal meridian
according to a survey made by George Bumgardner given under my hand and
seal this day and date this the sixteenth day of February 1839.
Samuel Bumgardner [L S]
handed in April 6th 1839.
Delivered
[13]
This Indenture made and concluded this the 17 day of May in the year
1838 between John Earhart of Johnson County and Territory of Wisconsin
of the first part and Jesse McCart. Stephen Harris Samuel C Fuller and M
F Shattuck of Ogle County & state of Illinois of the second part
witnesseth that the said party of the first part. for and in
consideration of the sum of one hundred Dollars. to him in hand paid the
recepit where of he doth hereby acknowledge hath bargend bargened sold &
qut claimed and by these presants doth bargen sell & quit claim unto the
party of the second part all his right and Title to the following
described tract of land (towit) beginning on the west bank of the Iowa
River at the mouth of the Creek commonly called Cleer creek in said
county of Johnson thence west 160 Rods thence North 160 Rods thence east
to said River thence south following the meanders of said River to the
place of beginning containing about one hundred & sixty acres more or
less. also about 100 acres of timber land east of the above described
lot and adjoining the River together with all appurtinances there unto
belonging unto the party of the second part their heirs or assigns. In
witness whereof I have hereunto set my hand & seal this date above
written
John X.(his mark) Earhart
Pleasant Harris
handed in April 6th 1839.
This Indenture made and concluded this 24 day of September 1838
between Stephen Harris of the first part and Jesse McCart of the second
part. witnesseth that the said party of the first part for and in
consideration of One hundred Dollars to him in hand paid the receipt
whre of he doth hereby acknowledge hath bargened quit claimed and by
these presants doe bargen sell and quit claim to the said Jesse McCart.
all his right & title to the following described tract of land in the
County of Johnson & Territory of Iowa beginning at the mouth of Cleer
Creek running North up the River half a mile thence west half a mile
thence N W 1 ½ miles thence south to said
Cleer Creek. thence down said Creek to the place of beginning also his
right and title of the undivided one third part of a claim of timber
lying East of the River & oposite the above described tract or parcel of
land. bounded by a line beginning oposite the North line of the first
mentioned tract running up a certain ravine to the River again also his
undivided one third part of a claim bounded East by the west line of
Wrights Claim & west by the East line of Bolsters embracing all the
timber on each side of the Creek bounded North & South by lines running
east & west. through said Timber In witness where of I have Set my hnad
and seal the day & date above written
Stephen Harris
handed in April 6th 1839
[14]
This Indenture made and concluded this 7
day of March 1839. between Jesse McCart of the first part and Nathaniel
Fellows of the second witnesseth that the said party of the first part
for and in consideration of the sum of Twenty five Dollars to him in
hand paid the receipt where of is hereby acknowledged has bargened sold
and quit claimed and by these presants do bargen sell and quit claim
unto the said Nathaniel Fellow all his right and title to the following
described tract or parcel of land beginning at a certain white ash
Tree on the south side of Clear Creek about 40 Rods East of the claim on
which the said Nathaniel Fellows now Resides running North about three
fourths of a mile thence west ½ mile thence south half a mile thence
East along the North Boundry of the said Nathaniel Fellows claim which
he purchased of I P Hamilton till it intersects the first mentioned line
in witness where of I have here unto set my hand and seal this day and
date above written.
Jesse McCart. [Seal]
handed in 6 April 1839
Know all men by these presants that I Isaiah P Hamilton of Johnson
County & Iowa Territory in consideration of the sum of Twenty Dollars to
be paid by Nathaniel Fellows of the County & Territory aforsaid the
Receipt whereof I doe here by acknowledge have Released and qut claimed
unto the said Nathaniel Fellows all my right and Title to the following
described tract of land (towit) beginning at a Small Bur Oak tree on the
sand Ridge North of Cleer Creek thence west to another Bur Oak tree
thence south to a Stake on the bank Clear Creek thence south west across
the grove to a Red Oak tree thence East down the south side of the Grove
to an Elm Tree on the south side of Clear Creek thence North across the
Prairie to the place of beginning supposed to contain a half section of
land In witness where of I have here unto set my hand & seal this 20.
day of May 1838
Isaiah P Hamilton
handed in April 6th 1839.
Know all men by these presants that I Samuel Bumgardner for and in
consideration of the sum of one hundred Dollars to me in hand paid the
Receipt where of is here by acknowledged have bargened sold and for ever
quit claimed unto John Kight all my right title interest claim estate
and demand what ever to all those tracts or parcels of land known and
described as follow the same beeing two fractional quarters. containing
about one hundred and sixty acres and situated on the Iowa River. the
same beeing the south west fractional quarter of Section Ten and the
South East fractional quarter of section Nine Town 79. N. R 6 west of
the 5 principal meridian lying & beeing in the County of Johnson &
Territory of Iowa against the claims of all persons Except the united
states I warrent & defend the claim above mentioned up to this date
given under my hand & seal this 4 day of April 1839.
Samuel Bumgardner [L S]
handed in April 6th 1839
[15]
This quit Claim Deed witnesseth that I William Sturges of the County
of Johnson & Territory of Iowa deeded bargened and sold and by these
presants and by these presants doe bargen sell and convey to Samuel
Bumgardner. of the county all my right title & claim in and to the
following tract and parcels of land beeing in the county aforsaid for
the sum of Ten Dollars. the Receipt of which is here by acknowledged the
aforsaid Tract of land beeing the west half of the South west quarter of
section Two Township seventy nine North Range 6 west of the 5 principal
meridian according to George Bumgardners Survey given under my hand &
seal this dat & date April 6th 1839
William Sturgis
handed in April 6th 1839.
This quit claim deed made this 29 day of March A D. 1839. witnesseth
that Elijah Hilton. has this day bargened and sold and by these presants
doe grant bargen and sell unto Henry Felkner all his Right interest and
claim in and to a certain tract of land known and designated as follows.
Viz the South half of the S W. qr of Section 25. Town 80 N. R 6. W & the
N. W. qr of Sect 36. Town & Range aforsaid for the consideration of
fifteen Dollars to him in hand paid the Receipt of which is here by
acknowledged in Testimony whereof I do hereby set my hand and seal this
the date above written.
Elijah Hilton
handed in April 8. (Delv)
Know all men by these presants that I Elijah Hurley for and in
consideration of the sum of Twenty Dollars to me in hand paid the
Receipt of which I doe here by acknowledge have bargened and sold and by
these preants doe bargent grant Sell and for ever quit claim Unto
William Jones all my right Title interest Estate or claim what Ever in
and to a certain tract or parcel of land lying and beeing in the county
of Johnson & Territory of Iowa Known and described as follows. the same
beeing the west half of the N. W. qr of Sect. Seven town 79 N R 5 west
containing about 80 acres & Bounded on the East. by Charles Jones on the
North. by Green Hill on the west by McCrory and Wilcox on the south by.
Samuel H McCrory. given under my hand & seal this 8 day of April one
thousand Eight hundred & thirty nine
Elijah Hurley [L S]
S. C. Trowbridge.
handed in April 8th
This quit claim deed made this 25 day of Febuary 1839. witnesseth
that Henry G Reddout has this day bargened & sold & by these preasnts
doe bargen & sell and convey unto Luke Douglass a certain tract of land
the same containing one hundred & sixty acres or one qr Section it being
the N E qr of Sect 2 Town 79. N R. 6. west of the 5 principal meridian
for the sum of twenty five Dollars the receipt of which in here by
acknowledged. given under my hand & seal this day and date above
mentioned
Henry G Reddout [seal]
Test
Samuel H McCrory
handed in April 8th 1839
[16]
Know all men by these preasnts that I. Samuel Bumgardner for the Sum
of Twenty Dollars. the Receipt of which is here by acknowledged I do
bargen & Sell unto Henry Reddout his heirs and assigns all my right
title and quit claim in and to the following described tract or parcel
of land Viz one quarter Section bounded on the East. by A Street. on the
south by Henry Reddouts claim and one quarter Section beeing the N E. qr
of Sect 26. Town 79 N R 6 west. of the 5 principal meridian according to
a survey made by George Bumgardner. the same beeing in the County of
Johnson & Territory of Iowa given under my hand this 8 day of April 1839
Samuel Bumgardner [L S]
handed in 8th April 1839
This quit claim Deed made this 15 day of Febuary 1839. witnesseth
that I. Elijah Hilton of the County of Johnson &. Territory of Iowa.
have bargened and sold & by these presants doe bargen and sell and
convey to Samuel Bumgardner of the County aforsaid all my right title
and claim in and to the following Tract or parcel of land lying & beeing
in the County of Johnson for the sum of. One hundred Dollars the receipt
of which is hereby acknowledged the aforsaid tract or parcel on land
Beeing the North East qr of Sect 14. the S E & N E quarters of Sect 11.
Town 79 N R 6 west of the 5 principal meridian (according to a survey
made by George Bumgardner) given under my hand & Seal this day and date
above written
Elijah Hilton [L S}
(Delivd)
For and in consideration of the sum of one hundred & fifty Dollars to
me in hand paid by William Sturges the receipt of which is hereby
acknowledged I. doe here by assign to the said William Sturges all my
right title claim & demand in and to the above deeded land with all the
appurtinances there unto belonging given under my hand & seal this 22
day of Febuay 1839.
Samuel Bumgardner [L S]
handed in April 9th 1839 (Delivrd)
This quit Claim Deed made this 12 day of April 1839 witnesseth that
Elijah Hilton has bargened and sold and doth by these presants grant
bargen and sell unto Henry Felkner all his right Title interest and
Claim in & to the N. W. qr of section 31 Town 79 N Range 5 west for the
consideration of Twenty seven Dollars & Fifty cents to him in hand paid
the receipt of which is here by acknowledged April 12th 1839
Elijah. Hilton
handed in April 12th 1839
[17]
Know all me by these presants that I Samuel Bumgardner of the County
of Johnson & Territory of Iowa for and in concideration of the sum of
Twenty five Dollars to me in hand paid by William Sturges the receipt of
which is hereby acknowledged I doe bargen sell and by these presants
have bargened sold and conveyd unto William Sturges all my right title
claim interest and demand whatever in and to the following tract or
parcel of land lying and beeing in the County of Johnson & Territory
aforsaid the same containing about one hundred & sixty acres and bounded
on the south by Henry Reddout. on the west by Reddouts old line & the
River on the North by William Willson on the East by John A Street.
given under my hand and seal this 12 day of April 1839
Samuel Bumgardner
handed in April 12th 1839 Delivd.
Know All men by these presants that I Nelwon Hastings for and in
concideration of fifty Dollars have bargend sold and qut claimed to S.
C. Hastings one undivided One half of a Timber Claim supposed to contain
three quarter sections more or less. about Two miles from Felkners Mill.
and Taken by me in the month of April A D 1839. and recorded in my name
and bounded by Blazed Trees and the initeals of my name marked there on
as witness my hand & seal this the 17 day of April 1839
Nelson Hastings
handed in April 17th 1839
Know all men by these presants that I John Kight. of the County of
Johnson & Territory of Iowa for and in concideration of the sum of
Twenty five Dollars to me in hand paid the receipt of which is hereby
acknowledged have bargened and sold unto William Willson of the County
aforsaid and by these presants do bargen sell and for ever quit claim
convey unto the said William Willson all my right title claim and demand
for ever in and to the following Tract or parcel of land lying and
beeing in the County of Johnson & Territory aforsaid the same beeing the
East half of the N W qr of section One Town 79 N R 6 west of the fifth
principal meridian given under my hand & seal this 25 day of April 1839.
John. Kight
Test
S H McCrory.
handed in 25th April 1839
Delivered |