USA > Iowa > Johnson County > History of Johnson County, Iowa, containing a history of the county, and its townships, cities and villages from 1836 to 1882 > Part 21
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Witness my hand and seal, the day and year last above written.
ONE FORM OF REAL ESTATE MORTGAGE.
KNOW ALL MEN BY THESE PRESENTS: That -, of - County, and State of -, in consideration of - dollars, in hand paid by - - of County, and State of -, do hereby sell and convey unto the said - the following described premises, situated in the County -, and State of , to wit : (here insert description,) and - do hereby covenant with the said that - lawfully seized of said premises, that they are free from incumbrance, that - have good right and lawful authority to sell and convey the same; and - do hereby covenant to warrant and defend the same against the lawful claims of all persons whomsoever. To be void upon condition that the said - - shall pay the full amount of principal and interest at the time therein specified, of - certain promissory note for the sum of - - dollars. One note for $- -, due -, 18-, with interest annually at -- per cent.
One note for $- -, due -, 18-, with interest annually at - per cent.
One note for $- -, due -, 18-, with interest annually at - per cent.
One note for $- -, due -, 18-, with interest annually at - per cent.
And the said Mortgagor agrees to pay all taxes that may be levied upon the above described premises. It is also agreed by the Mortgagor that if it becomes necessary to foreclose this mortgage, a reasonable amount shall be allowed as an attorney's fee for foreclosing. And the said hereby relinquishes all her right of dower and homestead in and to the above described premises.
Signed to - day of -, A. D. 18 -.
[Acknowledge as in Form No. 1.]
SECOND FORM OF REAL ESTATE MORTGAGE.
THIS INDENTURE, made and executed - by and between of the county of -- and State of -, part of the first part, and of the county of - and State of - party of the second part, Witnesseth, that the said part of the first part, for and in consideration of the sum of - dollars, paid by the said party of the second part, the receipt of which is hereby acknowledged, have granted and sold, and do by these presents, grant, bargain, sell, convey and confirm, unto the said party of the second part, - heirs and
157
ABSTRACT OF IOWA STATE LAWS.
assigns forever, the certain tract or parcel of real estate situated in the county of - and State of -, described as follows, to-wit :
(Here insert description.)
The said part of the first part represent to and covenant with the part of the second part, that he have good right to sell and convey said premises, that they are free from encumbrance and that he will warrant and defend them against the lawful claims of all persons whomsoever, and do expressly hereby release all rights of dower in and to said premises, and relinquish and convey all rights of homestead therein.
This Instrument is made, executed and delivered upon the following con- ditions, to-wit :
First. Said first part agree to pay said - or order
Second. Said first part further agree as is stipulated in said note, that if he shall fail to pay any of said interest when due, it shall bear interest at the rate of ten per cent. per annum, from the time the same becomes due, and this mortgage shall stand as security for the same.
Third. Said first part further agree that he will pay all taxes and assessments levied upon said real estate before the same become delinquent, and if not paid the holder of this mortgage may declare the whole sum of money herein secured due and collectable at once, or he may elect to pay such taxes or assessments, and be entitled to interest on the same at the rate of ten per cent. per annum, and this mortgage shall stand as security for the amount so paid.
Fourth. Said first part further agree that if he fail to pay any of said money, either principal or interest, within - days after the same becomes due ; or fail to conform or comply with any of the foregoing conditions or agree- ments, the whole sum herein secured shall become duc and payable at once, and this mortgage may thereupon be foreclosed immediately for the whole of said money, interest and costs.
Fifth. Said part further agree that in the event of the non-payment of either principal, interest or taxes when due, and upon the filing of a bill of foreclosure of this mortgage, an attorney's fee of - dollars shall become due and pay- able, and shall be by the court taxed, and this mortgage shall stand as security therefor, and the same shall be included in the decree of foreclosure and shall be made by the Sheriff on general or special execution with the other money, interest and costs, and the contract embodied in this mortgage and the note described herein, shall in all respects be governed, constructed and adjudged by the laws of - -, where the same is made. The foregoing conditions being performed, this conveyance to be void, otherwise of full force and virtue.
,
[Acknowledge as in form No. 1.]
FORM OF LEASE.
THIS ARTICLE OF AGREEMENT, Made and entered into on this --- day of , A. D. 187-, by and between , of the county of - -, and State of Iowa, of the first part, and - -, of the county of and State of Iowa, of the second part, witnesseth that the said party of the first
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ABSTRACT OF IOWA STATE LAWS.
part has this day leased unto the party of the second part the following described premises, to wit :
[ Here insert description. ]
for the term of from and after the - day of -, A. D. 187-, a}
the rent of dollars, to be paid as follows, to wit :
[ Here insert Terms.]
And it is further agreed that if any rent shall be due and unpaid, or if default be made in any of the covenants herein contained, it shall then be law- ful for the said party of the first part to re-enter the said premises, or to destrain for such rent; or he may recover possession thereof, by action of forcible entry and detainer, notwithstanding the provision of Section 3,612 of the Code of 1873; or he may use any or all of said remedies.
And the said party of the second part agrees to pay to the party of the first part the rent as above stated, except when said premises are untenantable by reason of fire, or from any other cause than the carelessness of the party of the second part, or persons - family, or in - employ, or by superior force and inevitable necessity. And the said party of the second part covenants that - will use the said premises as a - -, and for no other purposes whatever ; and that - especially will not use said premises, or permit the same to be used, for any unlawful business or purpose whatever; that - will not sell, assign, underlet or relinquish said premises without the written consent of the lessor, under penalty of a forfeiture of all - rights under this lease, at the election of the party of the first part; and that - will use all due care and diligence in guarding said property, with the buildings, gates, fences, trees, vines, shrubbery, etc., from damage by fire, and the depredations of animals ; that - will keep buildings, gates, fences, etc., in as good repair as they now are, or may at any time be placed by the lessor, damages by superior force, inevitable necessity, or fire from any other cause than from the carelessness of the lessee, or persons of - family, or in - employ, excepted ; and that at the expiration of this lease, or upon a breach by said lessee of any of the said covenants herein contained, - will, without further notice of any kind, cuit and surrender the possession and occupancy of said premises in as good condi- , tion as reasonable use, natural wear and decay thereof will permit. damages by fire as aforesaid, superior force, or inevitable necessity, only excepted.
In witness whereof, the said parties have subscribed their names on the date first above written.
In presence of
FORM OF NOTE.
-- , 18 -.
On or before the - day of -, 18-, for value received, I promise to pay - or order, -dollars, with interest from date until paid, at ten per cent. per annum, payable annually, at - Unpaid interest shall bear interest at ten per cent. per annum. On failure to pay interest within - days after due, the whole sum, principal and interest, shall become due at once.
159
ABSTRACT OF IOWA STATE LAWS.
CHATTEL MORTGAGE.
KNOW ALL MEN BY THESE PRESENTS : That --- of- County, and State of- in consideration of - dollars, in hand paid by -, of - County and State of - do hereby sell and convey unto the said -the following described personal property, now in the possession of -in the county - and State of - -, to wit :
[ Here insert Description.]
And - do hereby warrant the title of said property, and that it is free from any incumbrance or lien. The only right or interest retained by grantor in and to said property being the right of redemption as herein provided. This conveyance to be void upon condition that the said grantor shall pay to said grantee, or his assigns, the full amount of principal and interest at the time therein specified, of - certain promissory notes of even date herewith, for the sum of - - dollars,
One note for $- -, due- 18-, with interest annually at - - per cent.
One note for $-, due-, 18-, with interest annually at - - per cent.
One note for $- -, due-
, 18-, with interest annually at -per cent.
One note for $- -, due- -, 18-, with interest annually at - per cent.
The grantor to pay all taxes on said property, and if at any time any part or portion of said notes should be due and unpaid, said grantee may proceed by sale or foreclosure to collect and pay himself the unpaid balance of said notes, whether due or not, the grantor to pay all necessary expense of such foreclosure, including $- Attorney's fees, and whatever remains after paying off said notes and expenses, to be paid over to said grantor.
Signed the - day of -, 18 -.
[Acknowledged as in form No. 1.]
WARRANTY DEED.
KNOW ALL MEN BY THESE PRESENTS : That of - County and State of - - -, in consideration of the sum of Dollars, in hand paid by - of -, County and State of -, do hereby sell and convey unto the said and to - heirs and assigns, the following described premises, situated in the County of -, State of. Iowa, to-wit :
[ Herc insert description. ]
And I do hereby covenant with the said - that - lawfully seized in fee simple, of said premises, that they are free from incumbrance ; that - ha good right and lawful authority to sell the same, and - do hereby covenant to war- rant and defend the said premises and appurtenances thereto belonging, against the lawful claims of all persons whomsoever; and the said - hereby re- linquishes all her right of dower and of homestead in and to the above described premises.
Signed the - day of --- , A. D. 18 -.
IN PRESENCE OF
[Acknowledged as in Form No. 1.]
160
ABSTRACT OF IOWA STATE LAWS.
.
QUIT-CLAIM DEED.
KNOW ALL MEN BY THESE PRESENTS: That -, of - County, State of -, in consideration of the sum of -- dollars, to - in hand paid by , of - County, State of - the receipt whereof - do hereby acknowledge,have bargained, sold and quit-claimed, and by these presents do bargain, sell and quit-claim unto the said - and to - heirs and assigns forever, all - right, title, interest, estate, claim and demand, both at law and in equity, and as well in possession as in expectancy, of, in and to the following described premises, to wit : [here insert description] with all and singular the hereditaments and appurtenances thereto belonging.
Signed this - day of -, A. D. 18 -. SIGNED IN PRESENCE OF
[Acknowledged as in form No. 1.]
BOND FOR DEED.
KNOW ALL MEN BY THESE PRESENTS: That of -
- County, and State of - am held and firmly bound unto - of - County, and State of -, in the sum of - Dollars, to be paid to the said -, his executors or assigns, for which payment well and truly to be made, I bind myself firmly by these presents. Signed the - day of - A. D. 18 -.
The condition of this obligation is such, that if the said obligee shall pay to said obligor, or his assigns, the full amount of principal and interest at the time therein specified, of - certain promissory note of even date herewith, for the sum of - Dollars,
One note for $- due 18 -, with interest annually at - per cent.
One note for , due
18 -, with interest annually at - per cent.
One note for $- , due , 18 -, with interest annually at - per cent.
and pay all taxes accruing upon the lands herein described, then said obligor shall convey to the said obligee, or his assigns, that certain tract or parcel of real estate, situated in the County of - and State of Iowa, described as fol- lows, to wit: [here insert description,] by a Warranty Deed, with the usual covenants, duly executed and acknowledged.
If said obligee should fail to make the payments as above stipulated, or any part thereof, as the same becomes due, said obligor may at his option, by notice to the obligee terminate his liability under the bond and resume the posses- sion and absolute control of said premises, time being the essence of this agreement.
On the fulfillment of the above conditions this obligation to become void, otherwise to remain in full force and virtue; unless terminated by the obligor as above stipulated.
[Acknowledge as in form No. 1.]
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ABSTRACT OF IOWA STATE LAWS.
CHARITABLE, SCIENTIFIC AND RELIGIOUS ASSOCIATIONS.
Any three or more persons of full age, citizens of the United States, a majority of whom shall be citizens of this State, who desire to associate themselves for benevolent, charitable, scientific, religious or missionary pur- poses, may make, sign and acknowledge, before any officer authorized to take the acknowledgments of deeds in this State, and have recorded in the office of the Recorder of the county in which the business of such society is to be con- ducted, a certificate in writing, in which shall be stated the name or title by which such society shall be known, the particular business and objects of such society, the number of Trustees, Directors or Managers to conduct the same, and the names of the Trustees, Directors or Managers of such society for the first year of its existence.
Upon filing for record the certificate, as aforesaid, the persons who shall have signed and acknowledged such certificate, and their associates and success- ors, shall, by virtue hereof, be a body politic and corporate by the name stated in such certificate, and by that they and their successors shall and may have succession, and shall be persons capable of suing and being sued, and may have and use a common scal, which they may alter or change at pleasure; and they and their successors, by their corporate name, shall be capable of taking, receiving, purchasing and holding real and personal estate, and of making by- laws for the management of its affairs, not inconsistent with law.
The society so incorporated may, annually or oftener, elect from its members its Trustees, Directors or Managers at such time and place, and in such manner as may be specified in its by-laws, who shall have the control and management of the affairs and funds of the society, a majority of whom shall be a quorum for the transaction of business, and whenever any vacancy shall happen among such Trustees, Directors or Managers, by death, resignation or neglect to serve, such vacancy shall be filled in such manner as shall be provided by the by-laws of such society. When the body corporate consists of the Trustees, Directors or Managers of any benevolent, charitable, literary, scientific, religious or mis- sionary institution, which is or may be established in the State, and which is or may be under the patronage, control, direction or supervision of any synod, con- ference, association or other ecclesiastical body in such State, established agreeably to the laws thereof, such ecclesiastical body may nominate and appoint such Trustees, Directors or Managers, according to usages of the appoint- ing body, and may fill any vacancy which may occur among such Trustees, Directors or Managers; and when any such institution may be under the patronage, control, direction or supervision of two or more of such synods, con- ferences, associations or other ecclesiastical bodies, such bodies may severally nominate and appoint such proportion of such Trustces, Directors or Managers as shall be agreed upon by those bodies immediately concerned. And any vacancy occurring among such appointees last named, shall be filled by the synod, conference, association or body having appointed the last incumbent.
In case any election of Trustees, Directors or Managers shall not be made on the day designated by the by-laws, said society for that cause shall not be dissolved, but such election may take place on any other day directed by such by-laws.
- Any corporation formed under this chapter shall be capable of taking, hold- ing or receiving property by virtue of any devise or bequest contained in any last will or testament of any person whatsoever; but no person leaving a wife,
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ABSTRACT OF IOWA STATE LAWS.
child or parent, shall devise or bequeath to such institution or corporation more than one-fourth of his estate after the payment of his debts, and such device or bequest shall be valid only to the extent of such one-fourth.
Any corporation in this State of an academical character, the memberships of which shall consist of lay members and pastors of churches, delegates to any synod, conference or council holding its annual meetings alternately in this and one or more adjoining States, may hold its annual meetings for the election of officers and the transaction of business in any adjoining State to this, at such place therein as the said synod, conference or council shall hold its annual meet- ings ; and the elections so held and business so transacted shall be as legal and binding as if held and transacted at the place of business of the corporation in this State.
The provisions of this chapter shall not extend or apply to any association or individual who shall, in the certificate filed with the Recorder, use or specify a name or style the same as that of any previously existing incorporated society in the county.
The Trustees, Directors or stockholders of any existing benevolent, char- itable, scientific, missionary or religious corporation, may, by conforming to the requirements of Section 1095 of this chapter, re-incorporate themselves or con- tinue their existing corporate powers, and all the property and effects of such existing corporation shall vest in and belong to the corporation so re-incorporated or continued.
History of Johnson County.
CHAPTER I .- PART 1.
COUNTY AND COUNTY SEAT.
The County's Name-Sketch of Col. "Rumpsy-Dumpsy" Johnson-S. C. Trowbridge the First County Officer-Rival County Seats-Act to Organize-First County Board Meeting-Removal of County Seat, Etc., Etc.
NAME.
There are in the United States twelve counties named Johnson, one being in each of the following States: Arkansas, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Missouri, Nebraska, Tennessee, Texas, and Wyoming. In all these instances the name is supposed to have been given in honor of the same man. Johnston County of North Carolina is spelled with a "t" and was named after somebody else; hence it is not counted in this list. During that memorable period in American politics when party zeal and enthusiasm centered most intensely around Generals Jackson and Harrison, as representatives of the two great parties then called Whig and Democrat, there was a popular political song which had for its chorus these words-
"Sing and shout, O rumpsy-dumpsy,
Colonel Johnson killed Tecumseh !"
Well, it was this Rumpsy-dumpsy-killed-Tecumseh Col. JOHNSON, after whom and in whose honor Johnson County, Iowa, received its name. And it is fitting that the readers of this volume who are old enough to remember Colonel Johnson as a political celebrity should have a record of his public life and services; and it is likewise befitting that the younger readers should see his record, and judge for themselves whether he was probably worthy of the honor of having this fine and noble county of ours for a perpetual monument to his memory. Then, again, there may be unnamed babies and unborn babies whose birth place will be Johnson County, and whose parents may wish to name them "Johnson Smith," or "Johnson Jones," if this particular name of Johnson is found to have good and honorable historic associations. Hence we present here a condensed sketch of the life and public services of the man for whom our good county was named:
RICHARD MENTOR JOHNSON
was born in Kentucky, October 17, 1770; was educated at Transylvania University; studied law, and was admitted to the bar. In 1803 he was
11
166
HISTORY OF JOHNSON COUNTY.
elected to the legislature, and was a member of Congress from 1807 to 1819. In 1812, after the declaration of war by Great Britain, he raised a regiment of Kentucky mounted riflemen, which he commanded on the Canadian frontier during the fall of that year. After the adjournment of Congress, March, 1813, he raised another mounted regiment of volunteers, with which he guarded the Indian frontier during the summer months, and joined Gen. Harrison in time to render brilliant service in the battle of the Thames on October 5. It was by his hand the celebrated Indian warrior, Tecumseh, is reported to have fallen. In this engagement Col. Johnson was desperately wounded. He was, however, able to resume his seat in Congress in February ensuing. In 1819, he was elected to the United States Senate, and remained a member of that body until 1829. After this, he was again a member of the House, from 1829 to 1837. In 1836 he was run for the Vice-Presidency of the United States in most of the States, on the same ticket which supported Mr. Van Buren for the Presi- dency. He received 147 of the electoral votes, but this was a few votes short of a majority of the whole, though largely above the number received by any other one of the candidates voted for. In this state of things the choice of Vice-President devolved on the Senate, under the constitution of the United States. In the discharge of this duty, the Senate, in March, 1837, made choice of Col. Johnson for the office of Vice-President for the four years ensuing. In March, 1841, he returned to his home in Ken- tucky, after having devoted thirty years of his life continuously to the public service. Perfect retirement, however, was not allowed him. He was again returned a member to the State legislature, and while holding this position died, at Frankfort, Ky., Nov. 19, 1850, at the advanced age of a little over eighty years. He was distinguished throughout his life for kindliness of heart and urbanity of manners. He was the author of the law abolishing imprisonment for debt in Kentucky.
This sketch of " Dick Johnson," as he was familiarly called, was written by Hon. Alexander H. Stevens, of Georgia, for the great American work known as "Johnson's Cyclopædia," and the reader is now posted on the origin of our county's name and the reason for it.
The county of Johnson was carved out of territory formerly included in Dubuque county, by the territorial legislature of Wisconsin, in an act approved December 21, 1837. This gave it a name and boundaries, but did not provide a civil government for it, and it was attached to Cedar county, whose officers were to have jurisdiction likewise in Johnson county until other arrangements should be made.
167
HISTORY OF JOHNSON COUNTY.
EVOLUTION OF JOHNSON COUNTY.
THE INITIAL ACT.
The winter session, 1837-38, of the territorial legislature of Wisconsin was held at Burlington, in that portion of the Territory of Wisconsin which afterwards became the State of Iowa. An act was passed, and approved December 21, 1837, creating the counties of Dubuque, Clayton, Jackson, Benton, Linn, Jones, Clinton, JOHNSON, Scott, Delaware, Buch- anan, Cedar, Fayette and Keokuk. The following is the part of the act which applies to Johnson county :
SEC. 14. All the country lying within the following limits, to-wit: beginning at the southeast corner of Linn county; thence west, with the southern boundary of said county of Linn, to the line dividing ranges twelve and thirteen; thence south on said line to the line between townships seventy-six and seventy-seven, north; thence east, with said township line to the line dividing ranges four and five, west of the fifth principal merid- ian; thence with said range line, north, to the place of beginning; shall be, and the same is hereby constituted a separate county, to be called JOHNSON.
SEC. 15. All the country lying west of the county of Johnson, and be- tween the line dividing townships seventy-six and seventy-seven and the line dividing townships eighty-one and eighty-two north, extending to the western boundary of the Territory, shall be, and the same is hereby con- stituted a separate county, to be called Keokuk [now Iowa County].
SEC. 16. The counties of Johnson and Keokuk [Iowa] shall, for tem- porary purposes, be attached to and considered in all respects a part of the county of Cedar.
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