USA > Iowa > Mills County > History of Mills County, Iowa, containing a history of the county, its cities, towns, etc. > Part 47
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On September 2, 1857, Mills county was taken from the seventh and added to the sixth district by a special provision of the constitution. The seventh district was created February 9, 1853, and of this Mills county was considered a part, though it was unconnected formally with any district until September 2, 1857, when it was attached, as above noted, to the sixth. At the time of the adoption of the new constitution in 1857, the sixth district was composed of the counties of Adair, Adams, Fremont, Mills, Montgomery, Page and Taylor. This arrangement was modified under the new constitution, and Mills, together with Crawford, Carroll, Greene, Shelby, Audubon, Pottawattamie, Cass and Fremont
396
HISTORY OF MILLS COUNTY.
counties formed the thirteenth judicial district. The change was made in accordance with article five, section ten, of the new constitution, which re-organized the judicial districts so that they numbered but eleven, but provided for a change in the boundaries thereof "every four years there- after, if necessary, and at no other time."
Under the constitution of 1846, the district judges were James Sloan, elected April 7, 1851, resigned March 9, 1852; A. A. Bradford, appointed by the governor May 4, 1852, qualified May 24, elected by the people April 4, 1853, and who subsequently resigned; E. H. Sears, appointed January 9, 1855, qualified February 1, elected by the people April 2. By the constitution of 1858 Mills became a part of the third district. Hon. E. H. Sears was the first judge of the new district, having been elected at the October election, 1858. He was succeeded by James G. Day, elected October 14, 1862, and re-elected October 9, 1866. In March 1870, he resigned, to be followed by Hon. J. W. McDill,* who was ap- pointed to fill the vacancy, until the following October, when he was elected by the people. He resigned in 1872, having received the nomina- tion of the republican party for congressional honors. Judge J. R. Reid, of Council Bluffs, was appointed to fill the vacancy occasioned by the resignation of Judge McDill, and has since been the incumbent. These gentlemen have all served their constituency with singular ability and suc- cess, They have added honor to the official records of the county, and maintained the high standing of its judicial relations.
THE FIRST CIRCUIT COURT.
With the establishment of the circuit court, Judge James G. Day, judge of the third district, Iowa, on the first day of December, 1868, in compliance with the requirements of section 24+ of the act establishing circuit and general courts, and defining the power and jurisdiction thereof, designated the following dates for holding the terms of the cir-
* Now U. S. Senator.
+Chapter 86, sec. 24. "The district judge of cach judicial district shall, on or before the first day of December, 1868, designate, by an order under his hand, the times for holding the terms of the circuit court in each circuit in his district for the year 1869, which order shall be filed with the clerk of the court, in each county of the circuit. And there- after each general term shall at the last term held for the year 1869, and every alternate year thereafter, designate by an order under their hands, the time for holding the terms of each circuit in the district for the two years next ensuing, which order shall be filed with the several clerks of each circuit."
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HISTORY OF MILLS COUNTY. 1
cuit court in Mills county: At Glenwood January 12, April 6, July 20, and October 5. This county, with Fremont, Page, Montgomery and Pottawattamie counties belong to the third judicial district, of which they constitute the first circuit.
The records of the circuit court of this county open with a vacation record. The first business appearing was in reference to an application for the sale of "intoxicating liquors." The officers of the court were Hon. R. L. Douglas, judges; T. P. Ballard, clerk, and E. B. Sampson, sheriff. The vacation record is as follows, the clerk acting as judge:
In the matter of the application of C. A. Bartholomew for marriage license, January 4, 1869. Comes now into court this 4th day of January, 1869, C. A. Bartholomew and makes application for license permitting the marriage of himself and Miss M. A. Beaton, and the court being satisfied as to the competency of said parties, grants the license as prayed for.
T. P. BALLARD, Clerk Circuit Court.
In the matter of the application of George G. Gause for marriage license January 5, 1869. Comes now into court this 5th day of January, 1869, R. R. Hawley, and makes application for license permitting the marriage of George G. Gause and Anna .C. Lewel- lyn, and the court being satisfied as to the competency of said parties, grants the license as prayed for.
T. P. BALLARD, Clerk Circuit Court.
In the matter of the application of William F. Kramer for permit to sell liquors.
Comes now on the 4th day of January, 1869, Wm. F. Kramer and files certificate of good character, signed by twelve citizens of Glenwood township, for the purpose of procuring a permit to buy and sell intoxicating liquors in the town of Glenwood, Mills county, Iowa, for medicinal, mechanical, culinary and sacramental purposes only; whereupon January 14, 1869, is fixed as the time of final hearing in this matter before the judge of the court in term time at Glenwood, Iowa, and it is ordered that notice of the application and the time of final hearing be given by posting at the door of the post office in Glenwood, Iowa, at least ten days before the time of final hearing.
T. P. BALLARD, Clerk, In the absence of the Circuit Judge.
The foregoing entry read in open court on the 12th day of January, A. D., 1869, and approved by me.
R. L. DOUGLASS,
Circuit Judge of the 7th Circuit of the 3d Judicial District.
The business of the first term was not very extended, nor did it cover a wide range of subjects. For the full information of the reader, who may desire to know how court records are kept, and something of the nature of the business as well, the following record of the first term has been transcribed in full:
At a regular term of the circuit court of Mills county, Iowa, begun and held at the court house in Glenwood, on Tuesday the 12th day of January, A. D. 1869.
Present-Hon. R. L. Douglass, circuit judge of the first court of the third judicial dis- triet; T. P. Ballard, clerk, and E. B. Sampson, sheriff, and where the following proceed- ings were had and done :
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HISTORY OF MILLS COUNTY.
The said court adopted for its own use a metalic seal, having on the face thereof "Cir- cuit Court of Mills County, Iowa," and also the Goddess of Liberty holding a shield in her right hand, and in her left hand a flag.
The court then adjourned until to-morrow morning at 10 o'clock A. M.
Signed and approved January 12th, A. D. 1869, in open court.
R. L. DOUGLASS.
WEDNESDAY, January 13, A. D. 1869, 10 A. M.
Court met pursuant to adjournment. Present, same as yesterday.
The court this day was occupied with probate business, and at 3 o'clock P. M .; adjourned until to-morrow morning at 9 o'clock A. M.
R. L. DOUGLASS.
THURSDAY MORNING, January 14, A. D. 1869.
Court met pursuant to adjournment. Present, same as yesterday.
Application of Wm. F. Kramer for permit to buy and sell intoxicating liquors for mechanical, culinary and sacramental purposes only.
Comes now the said Wm F. Kramer by H. C. Watkins, his attorney, and it appearing to the court by satisfactory evidence that the said applicant is not a hotel keeper, keeper of a saloon, eating house, grocery keeper, nor a confectioner, and he having on the 4th day of January, A. D. 1869, presented to and filed in the office of the clerk of this court a cer- tificate of twelve citizens of Glenwood township, in this county, certifying that the said applicant is a man of good moral character and standing therein; that said certificate was obtained for the purpose of procuring for said applicant a permit to buy and sell intoxi. cating liquors for the purposes above shown, in Glenwood, Mills county, Iowa, of which township, town and county said applicant is a citizen and resident; and at the same time, the application of said Wm. F. Kramer being filed in the office of said clerk, and the said clerk having fixed the third day of the present term of this court, to-wit: the 14th day of January, A. D. 1869, for the final hearing of said application, and having given legal notice thereof by posting such notice on the postoffice door in said eity of Glenwood, Glenwood township, Mills county, Iowa, more than ten days prior to the said time set apart for final hearing of said application, and the said Wm. F. Kramer having this day, in the presence of the court, executed his bond in the penal sum of one thousand dollars, with two good and sufficient sureties, to-wit: H. Betts and F. Heinsheimer, approved by the court, con- ditioned and required by the statute made and provided, and said bond, so approved as aforesaid, being deposited with the clerk of the district court of Mills county, and having paid all the costs, it is therefore ordered and adjudged that a permit to buy and sell intoxi- cating liquors for mechanical, medicinal, culinary and sacramental purposes only, in said city of Glenwood, be and the same is hereby granted to the said Wm. F. Kramer, pursuant to the statute in such cases made and provided, in the drug store of said Kramer, being the wooden building situated on the twenty feet front of lot 10, in bloek 31, in the said city of Glenwood, and said permit is continued for the period of twelve months from this date, unless sooner revoked.
Whereupon court adjourned until court in course.
R. L. DOUGLASS, Circuit Judge.
The second regular term of the circuit court convened Tuesday, April 6, 1869. There were present Hon. R. L. Douglass, judge of the first circuit of the third judicial district, T. P. Ballard, clerk, and E. B. Samp- son, sheriff. It appearing that no jury had been empanneled, the court ordered the clerk "to issue a precept to the sheriff commanding him to
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HISTORY OF MILLS COUNTY.
summons a sufficient number of persons from the body of the county to serve as jurors at the present term of this court, which precept was returnable to-morrow morning at nine o'clock."
The first cause of the second term was a case in law, being that of S. Slaughter vs. Mary Humphreys, and J. Humphreys. This case was con- tinued generally. To learn the outcome of this first cause in law the records of the court have been searched and with the following result. In the July term, of 1869, (July 21) the cause was again brought before the court. The defendant by his attorneys, filed a motion for more specific statement. The cause again came up, on defendant's motion, on the same day, and after listening to the arguments of counsel, the court took the case under advisement until the following morning. On the next day, July 22, the defendant withdrew his motion for more specific statement, and filed his demurrer to plaintiff"'s petition. The case was submitted to the court on the demurrer, and his honor took the same "under advise- ment until the first day of next term." The next term was in October, and when the case came up the following entry was made:
SAMUEL SLAUGHTER 08. MARY HUMPHREYS, and J. HUMPHREYS. j
The court overrules the demurrer heretofore filed, and at the last term of this court filed by the defendants to plaintiff's petition, and, which after argument at said last term the court took under advisement until this term. It is therefore considered that the plaintiff recover of the defendant the sum of one dollar and costs, and that execution issue therefor.
Thus open the judicial records of the county. All the years that have intervened since that eventful year have witnessed many trials of human skill and ingenuity-usually called law. Fortunes have been lost, liberty taken away or restored, petty injuries righted, and sometimes-should it be said ?- great wrongs have been perpetrated. But infamous wrongs have been righted and villianous projects often defeated. The judicial records of this county cover all the range of legal sin from petty larceny to murder. Legally speaking, Glenwood is historic ground, and the wrongs it has seen righted in the past may prove but a tithe of what remains to the future.
The judges of the circuit court have been Hon. R. L. Douglass, Hon. T. R. Stockton and Hon. C. H. Loofburow, the present worthy incum- bent.
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HISTORY OF MILLS COUNTY.
THE FIRST LAND ENTRIES.
The first land entries were made at Fairfield, sometime in May, 1849. These entries* are not accessible, having, if at all recorded, been lost. The first land entry of which there is any record was at Council Bluffs, Janu- ary 7, 1853, and was by Leroy Britt. The number of acres was forty, situated as follows: se of sw sec, tp 72, range 41.
There were no more entries until March 12, of the same year. From that date until March 31, were made entries as follows:
March 12, 1853, nw of se sec 31, tp 72, range 41, 40 acres; by G. Stonebreaker.
March 16, 1853, n fl } of ne sec 6, tp 71, range 42, 60.40 acres; by H. Rogers.
March 16, 1853, n } of se sec 31, tp 73, range 42, 80 acres; by Stephen Wiles.
March 16, 1853, w ยง of se sec 32, tp 72, range 42, 80 acres; by Stephen Wiles.
March 16, 1853, sw } sec 12, tp 72, range 43, 160 acres; by H. Bennett, in trust for occupant for Glenwood.
March 16, 1853, nw }, sec 13, tp 72, range 43, 160 acres; by Hiram Bennett, in trust for occupants of Glenwood.
March 16, 1853, se } sec 26, tp 73, range 43. 160 acres; by Joseph Brown.
March 16, 1853, ne } sec 35, tp 73, range 43, 160 acres; by A. H. Anson.
March 18, 1853, nw } sec 29, tp 72, range 40, 160 acres; by Nelson Hanson.
March 21, 1853, se 4 sec 21, tp 71, range 43, 160 acres; by Rufus Park.
March 25, 1853, sw } sec 13, tp 72, range 43, 160 acres; by Edward Arnold, Jr.
March 25, 1853, e { of ne sec 23, tp 72, range 43, 80 acres; by Alex. McAlpin.
March 25, 1853, w & of nw sec 24, tp 72, range 43; 80 acres; by Alex. McAlpin.
March 25, 1853, w } of se sec 10, tp 73, range 43, 80 acres; by J. H. Plumer.
March 25, 1853, w 3 of se sec 10, tp 73, range 43, 80 acres; by J. H Plumer.
*Prior to the establishment of land offices by the general government, the settlers held their land under the claim and pre-emption laws.
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HISTORY OF MILLS COUNTY.
March 25, 1853, s & of sw sec 26, tp 73, range 43, 80 acres; by W. Gregory.
March 26, 1853, n & of nw sec 35, tp 73, range 43, 80 acres; by W. Gregory.
March 26, 1853, se } sec 28, tp 72, range 40, 160 acres; by David Sil- lett,
March 31, 1853, e { of ne and nw of ne sec 10, tp 72, range 43, 120 acres; by W. E. Gentry.
March 31, 1853, ne of se sec 10, tp 72, range 43, 40 acres; W. E. Gen- try.
These are but few of the many that were made during the year 1853. A copy was not furnished the county until five years afterward, when the original entries for 1853 were furnished, as appears from the following cer- tificate, found subjoined to the copy.
REGISTER'S LAND OFFICE, COUNCIL BLUFFS, IOWA. February 8, 1858.
I hereby certify that the foregoing from pages 1 to 19 inclusive, contains a true copy of the original entries in Mills county, Iowa, consumated at this office during the year 1853. JAMES POLLARD, Register.
It has been said that there are no records accessible relative to the land entries for this county at Fairfield. A diligent search among a number of musty documents in an old box in the cellar of the court house brought to light an interesting document relative to some lands in this county, which appears below in full. The entry was made in accordance with the congressional act of September 28, 1850," by which all surviving offi- cers, non-commissioned officers, musicians, or privates, whether of regu- lars, volunteers, rangers or militia, who were engaged in the military service of the United States during the war with Great Britain in 1812, the war with Mexico, or in the army in the Indian wars since the year 1790, or their widows or minor children, in case of their death, are entitled to bounty lands, as follows: for nine months' actual service, one hundred sixty acres; for four months' service, eighty acres, and for any service exceeding thirty days, forty acres of land.
The document to which reference has been made is one issued in accordance with the provisions of the act alluded to, and is as follows:
THE UNITED STATES OF AMERICA.
TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING :
Know ye, that in pursuance of an act of Congress entitled "An Act to raise, for a limited time, an additional military force, and for other purposes," approved February 11, 1847,
*Vol. 9, Laws of the U. S., p 520.
6
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HISTORY OF MILLS COUNTY.
Edward O'Beede, private in Captain Sapps company, Illinois mounted volunteers, having deposited in the General Land-office a warrant in his favor, numbered 25,740; there is, therefore, granted bv the United States unto William Olney, assignee of said Edward O'Beede, and to his heirs, the east half of the southeast quarter of section twenty-four, and the east half of the northeast quarter of section twenty-five, in township seventy, north of range nine west, in the district of lands subject to sale, at Fairfield, Iowa, containing one hundred and sixty acres, according to the official plat of the survey of the said land, returned to the General Land-office by the surveyor general, which said tracts have been located in satisfaction of the above mentioned warrant, in pursuance of the Act of Congress above mentioned, approved February 11, 1847. To have and to hold the said sections of land, with the appurtenances thereof, unto the said William Olney, and to his heirs and assigns forever.
In testimony whereof, I, Millard Fillmore, President of the United States of America, have caused this letter to be made patent, and the seal of the General Land-office to be hereunto affixed.
[SEAL.] Given under my hand at the City of Washington, the tenth day of December, in the year of our Lord, one thousand eight hundred and fifty, and of the Independence of the United States the seventy-fifth.
By the President, MILLARD FILLMORE. By M. P. FILLMORE, Secretary.
E. S. TERRY,
Recorder of the General Land-office.
Signed by the Recorder the sixteenth day of December, 1850.
Recorded, Vol. 43, page 421.
The event of entering land was one to which the early settlers looked with more than usual interest. His home would then be assured him and his high- est anticipations realized. That it was a matter of great importance none will deny. The land office, both at Fairfield and Council Bluffs, often became the scene of animated discussions, as ever and anon some un- toward event occurred to cast a shadow upon some wished for claim. Those days were days of excitement and anxiety, but when the claim was en- tered and the title awarded in due and legal form, glad and proud indeed were the hearts that beat in the bosom of the sturdy farmer, as homeward he went, the possessor of acres of rich and well disposed land.
SOME EARLY LEGAL DOCUMENTS.
The earlier records of this county, like thoseof most others, are in a most unsatisfactory condition. Deeds and mortgages were little cared for, evidently, and the first business of the county officials, after receiving the instruments and their fees, seemed to be to appropriate the latter and lose the former. Some of them were honest but not capable men, and the manner in which the records of those early days were kept, betray a most
403
HISTORY OF MILLS COUNTY.
criminal ignorance of the nature of the demands the various offices made upon their incumbents. To enter upon a book the title of a deed and the date of its execution was hardly enough in view of the impor- tance of the transaction. Years passed after the county was organized, before a proper place and manner were devised for caring for these all important legal documents. When at last it became necessary, as it sev- eral times has in the history of this county, to examine the earlier records they were not to be found, and still their whereabouts are unknown. Of the earliest deeds nothing whatever is known, the instruments having long since disappeared-perhaps have been used as a substitute for the tinder box.
The subject matter of the first mortgages having been lost, there can only be presented to the interested reader the nature of those instruments, together with such information as the recorder who entered them saw fit to add to the entry. The first real estate mortgage was dated November 23, 1851, and filed December 10, 1851. It was executed by W. W. Noyes to Tootle & Fairleigh. The description is as follows:
L. C. in B. 20, 30, 41, 33, 40. 14. 26, 35, 38, 13, 24, 25, 36, 37, in Coonville; also claim south of C; also lot 14 in B. 16.
The next instrument is of similar import, and is called by the recorder a "mortgage deed." This paper was dated November 23, 1851, and filed December 11, 1851. It was executed by W. W. Noyes to J. Beason, the property being thus described:
Se. c. of B. 16, n. 36 ft. w. 34 length of lot s. to street in Coonville, e. to place of begin- ning.
Six days after the filing of the above, the following "deed " dated December 16, 1851, was filed. It was executed by W. W. Noyes to A. Ford and is thus described:
Dally claim adjoining C -- ville north; also Davenport claim c. 12 L. 4, B. 21, L. 4, B. 16, Dally's interest in said town except L. 14, 2, B. 1, L. 2, B. 3.
The first quit-claim deed is to be found in an old dilapidated book, made of foolscap and ornamented with a paper cover on which is marked in letters large if not attractive, the word " entry." The first part of this interesting document is devoted to the simple record of the deeds made, when and to whom. The latter portion is devoted to a transcript of the original documents, among which appears the following:
Know all men by these presents:
That I, James Hobson of Coonville and state of Iowa, in consideration of the sum of two hundred dollars to me paid by Jesse Painter of Mills county and state of Iowa, the receipt whereof is hereby acknowledged, have remise and release and forever quit-claim unto the said Jesse Painter, his heirs and assigns, forever, to the one-half of block No. 33, Lot No. 4, to have and hold the same, together with all the privileges and appur-
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HISTORY OF MILLS COUNTY.
tenances thereunto belonging to him, the said Jesse Painter, heirs and assigns forever, in witness whereof I set my hand and seal, this 3d day of October, 1851.
JAMES R. HOBSON. [SEAL.] L. W, ROGERS.
STATE OF IOWA, COUNTY OF MILLS.
SS.
I hereby certify that it has been satisfactorily proven by the statements of L W. Rog- ers, that James R. Hobson executed the above deed and for some cause did not acknowl edge the same at the time of the execution thereof.
Given under my hand, 23d day of July, 1852.
J. L. SHARP,
Prosecuting Attorney and Acting County Judge.
The instrument must therefore be acknowledged as the earliest one now appearing on record. It is one of several that seem to have been recorded during the first half of the year, 1852.
The first quit-claim deed now on record in the books of the county, appears to have been transcribed from the paper-covered volume above mentioned. A comparison of the two instruments shows the slight errors that are unavoidably made, when legal documents are to be copied. The date of the deed is later than that of the foregoing.
For the consideration of the sum of five thousand dollars, we, Abraham Hendricks and Russel R Homer, members of the firm of S Reoundy & Co., and agents for the other mem- bers of the said company, hereby sell and convey, and by these presents torever quit-claim anto L. F. Sharp and his assigns, all our right and interest to the town of Bethlyham,* and the claim thereunto attached. and the rear claim owned by said company situated on the northwest quarter of section thirty-six, the west half of section twenty-five and fractional section twenty in township seventy-two north, and of range forty-four west of the fifth principal meridian, also the claim known as the Old Agency claim, situated upon the west half of section eighteen (18), in township seventy-two north, range forty-three west, together with improvements, rights and privileges thereunto belonging, the right of peace- able possession being hereby acknowledged.
Witness our hands and seals, March 26, 1852.
ABRAHAM HENDRICKS, [SEAL.] RUSSEL R. HOMER, [SEAL.]
STATE OF IOWA, SS.
MILLS COUNTY.
On the twenty-sixth day of March, A. D. 1852, personally appeared before me Abraham Hendricks and Russel R. Homer, whose names appear to the foregoing quit-claim deed personally known to me to [be] the identical persons who signed the same and acknowl- edged that they have executed the same purposes therein set forth.
ISAIAH COX, Justice of the Peace.
Among some of the more curious legal documents of the earlier days appears the following, power of attorney, which, for some reason, was deemed of sufficient importance to warrant recording.
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