USA > Iowa > Mills County > History of Mills County, Iowa, containing a history of the county, its cities, towns, etc. > Part 48
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*Bethlehem, now East Plattsmouth : also formerly called Sharpsburg.
405
HISTORY OF MILLS COUNTY.
Know all men by these presents:
That I, George Mayfield, of the county of Mills, the State of Iowa, have made, constituted and appointed, and do by these presents make, ordain, constitute and appoint Isaac Mayfield of the county of Owen, in the State of Indiana, my true and lawful attorney for me, and in my name and for my use ask, demand, sue for, recover and receive all such sums of money, debts, goods, wares and other demands whatsoever, which is or shall be due, owing and payable to me in any manner or by any means whatsoever, and I hereby give my said authority, full power and anthority, in and about the premises, to have, use and take all lawful ways and means in my name for the purposes aforesaid, and upon the receipt of such debts, dues or sums of money to make, seal and deliver acquitances and other sufficient discharge for me and in my name, and generally to do and perform in my name other acts and things necessary to be done in and about the premises as fully and amply to all intents and purposes as I myself could or might do if personally present. And attorneys, one or more under him, for the purpose aforesaid, to make and constitute and again and at pleasure to revoke, and I hereby ratify and confirm all and whatsoever my said authority, shall lawfully do in my name, in and about the premises, by virtue of these presents.
In witness whereof, I have hereunto set my hand and seal this fifth day of December, in the year of our Lord, 1852.
Signed, sealed and delivered in the presence of
GEORGE MAYFIELD. [SEAL.]
WILLIAM J. MAYFIELD. JOSEPH RAWLES.
STATE OF IOWA,
MILLS COUNTY. S SS.
Be it remembered that the within named George Mayfield, came this day and personally ap peared before me the undersigned clerk of the district court of the county aforesaid, and acknowledged that he did sign, seal and deliver the within power of attorney as his act and deed, for the purposes therein specified.
Given under my hand and the seal of said court at office, in the town of Coonville in the county aforesaid, this the seventh day of September, A. D. one thousand eight hundred and fifty-two.
[SEAL.]
WILLIAM A. SCOTT. C. D. C. Mills county, Iowa. By SOLOMON J. SCOTT, D. C
Perhaps the following may fairly be considered as among the most unique documents preserved in this quaint old book.
NOTICE.
All persons interested are hereby notified that I, Ann McCabe, of the county of Mills county, and State of Iowa, wife of James B. McCabe, of the same county, do hereby claim as my own separate personal property, the following described articles and securities, to- wit: The house in the town of Coonville, in Mills county, Iowa, known as the Hillman house, one bay mare, one sorrel colt, one pided* cow, one bureau and press, one table, one stand, six chairs, one stove, two bedsteads, two feather beds with the bedding thereto at- tached, including all the bedding now used in the house of the said James B. McCabe, one clock, one Looking Glass a lot of pictures. The Cup board ware in use about the
* Pied=spotted
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HISTORY OF MILLS COUNTY.
.
House one note of hand dated 25th December 1853 on Edward Crouch calling for fifty- nine dolars and that I intend holding said property above from the debts of my husband. Coonville, Mills county, Iowa, Sept. 15th 1852.
ANN MCCABE.
The first mortgage of real estate entered on the county records bears date of April 16, 1853, and is as follows:
This indenture, made this sixteenth day of April, A. D. 1853, between Joseph H. D. Street and Ementy Ann, his wife, of the county of Wapello, and State of Iowa, of the first part, and Achilles Rogers, School Fund Commissioner for the county of Mills, in the State of Iowa, of the second part, witnesseth that the said party of the first part, for, and in consideration of the sum of one hundred (100) dollars to him in hand paid, the receipt whereof is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell and convey unto the said party of the second part, and to his successors in office, the following described tract or parcel of land situated in the county and state aforesaid, (to-wit;) The north half of the southeast quarter of section sixteen (16) in township seventy-two (72) north, and range forty-two west, from the fifth principal meri- dian, to have and to hold the land aforesaid, together with all and singular the improve- ments, privileges and appurtenances thereunto belonging or in any wise appertaining to him, the said party of the second part, and to his successors in office forever, subject never- theless to the following express reservations and conditions, (to-wit): Whereas, the said party of the first part have borrowed of the said party of the second part the above sum of one hundred dollars, payable on the 1st day of January, 1854, with interest thereon at the rate of ten per centum per annum, payable the first day of January next, and annually thereafter until paid, for which said sum, with interest as aforesaid, the said Joseph H. D. Street and wife have given their obligation bearing same date herewith. Now, if the said party of the first part shall well and truly pay to the said Achilles Rogers, School Fund Commissioner as aforesaid, or to his successors in office, the said sum of money, with the interest accrued thereon as aforesaid, then this conveyance shall be utterly null and void, but if default shall be made in the payment of said sums of money, principal or interest, or either of them, the party of the second part may proceed by foreclosure, or in any law- ful mode to make the amount due, together with costs, including collection fee, out of the aforesaid real estate.
In testimony whereof the said Joseph H. D. Street and Ementy Ann, his wife, hereby relinquishing her dower in the real estate herein mentioned, subject to the above reserva- tions and conditions, have hereunto set their hands and seals the first date above written.
JOSEPH H. D. STREET. [L. s.] EMENTY A. STREET. .
Executed in the presence of § BOLA WHITE, WILLIAM SNUFFIN.
STATE OF IOWA, SS.
MILLS COUNTY. S
Before me, William Snuffin, justice of the peace in and for the county and state afore- said, or of Iowa, personally appeared the above Joseph H. N Street and his wife, person- ally known to me to be the persons whose names are subscribed to the aforesaid deed as parties, and acknowledged the signing and sealing of the above conveyance to be their vol- untary act and deed, and the said --- being acquainted with the contents of the above conveyance acknowledged on an examination apart from her husband that she executed the same and relinquished her dower in the real estate therein mentioned, free, by and
407
HISTORY OF MILLS COUNTY.
without compulsion or undue influence of the said husband, this 16th day of April, A. D., 1853.
WILLIAM SNUFFIN, Justice of the Peace.
I, Achilles Rogers, mortgagee on the foregoing mortgage, herchy acknowledged pay- ment and full satisfaction of said mortgage this 26th day of December, A. D., 1854.
ACHILLES ROGERS, School Fund Commissioner of Mills County.
On the same day this first mortgage of real estate was recorded appears the first warantee deed, of which the following is an exact trans- cript .*
This indenture, made and entered into this 16th day of April, A. D., 1853, by and between Daniel Herreford and Elizabeth his wife, of the county of Mills and state of Iowa, of the first part, and Peter A. Sarpy of the county of Mills and state of Iowa, of the second part, witnesseth, that the said party of the first, for and in consideration of the sum of two hundred dollars in hand paid the receipt of which is hereby acknowledged as having been paid by the said party of the second part. Do hereby sell, convey Alien and confirm unto the party of the second part, his heirs and assigns forever, the following described real estate, to-wit :- The south half of the southeast quarter of section twenty tour, and the north half of the northeast quarter of section twenty-five, in township sev- enty-three north of range forty-four west, to have and to hold, the foregoing described premises, with the appurtenances, unto the said party of the second part, and to his heirs and assigns forever, and the said party of the first part, the foregoing premises unto the said party of the second part will forever warrant and defend, against the claim or claims of all or any person, whomsoever, claiming by, through, or under me, the said party of the first part, my heirs and assigns forever. In testimony whereof I have hereunto set my hand and seal this sixteenth day of April, A. D., 1853.
[SEAL.]
Signed, sealed and delivered -
in presence of W. R. ENGLISH.
DANIEL HEREFORD, ELIZABETH HEREFORD.
STATE OF IOWA, MILLS COUNTY . S · SS.
Personally appeared before me, H. P. Bennett, the undersigned acting county judge of said county, Daniel Hereford and Elizabeth Hereford his wife, who are to me personally known to be the persons described in, and who executed the foregoing instrument of writ- ing, and acknowledged the same to be their free act and deed for the uses and purposes therein expressed. And the said Elizabeth Hereford having been examined separately and apart from her said husband,t and the contents of said deed having been made known to her by me, did acknowledge that she executed the same voluntarily and freely, and relin-
*In this and all other legal documents the language and orthography of their originals are retained. Even when repetitions and overt errors occur, the same rule obtains.
+It will be observed that the justice states that he examined the "said Elizabeth Herreford separately and apart from her said husband," and that she acknowledged the execution of the deed without the fear or compulsion of her said husband. This was in strict accord with the theory of the old common law, a practice now obsolete in this State. The old English common law contained many provisions which, however necesary they mayhave been in the land of their origin, seem singularly out of place even in the primitive codes of a people whose first breath and last is that of the greatest liberty. guaranteed to both sexes alike.
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HISTORY OF MILLS COUNTY.
quished her dower to the premises therein conveyed, without the fear or compulsion of her said husband.
In testimony whereof, I have hereunto set my hand and seal, this sixteenth day of April A. D., 1853.
H. P. BENNETT, County Judge.
FIRST RECORDED CHATTEL MORTGAGE.
For the purpose of securing to C. C. Stringfield the payment of one hundred and forty, forty-six one hundredths dollars, on the first day of February, A. D. 1859, and for the con- sideration of one dollar to me in hand paid, the receipt whereof is hereby acknowledged. I, Susan Anthony, hereby sell and convey to C. C. Stringfield the following described per- sonal property, to-wit: one two horse wagon; also one bay horse, eight years old; also two brown cows; color, one white-speckled and the other dark red; and four calves. Now, if the said sum of money, to-wit: one hundred and forty and forty-six one hundredths dol- lars so secured, is not paid to the said C. C. Stringfield, of Mills county, Iowa, on or before the said first day of February, A. D. 1857, I. S. Anthony hereby authorize the said C. C. Stringfield to take possession of said personal property above described, and sell the same for cash in hand to the highest bidders, first giving ten days notice of the time, terms, place of sales and of the property to be sold by posting up three written notices thereof in- the more conspicuous places of the township of Glenwood, and State of Iowa, and pay him self the said sum of one hundred and forty and forty-six one hundredths dollars, so secured, with the costs of sale, and to hold the remainder subject to my orders.
In testimony whereof, I have hereunto set my hand and seal this eighth day of October 1858.
her SUSAN ANTHONY, mark
STATE OF IOWA, {SS. MILLS COUNTY. S
Be it remembered that on this the eighth day of October, A. D. 1858, personally appeared before me, a justice of Silver Creek township, Mills county, Iowa, the above named Susan, Anthony, personally known to me to be the identical person whose name is subscribed to the foregoing chattel mortgage, and acknowledged the same to be her act and deed for the pur- poses therein mentioned.
S. H. STRINGFIELD, Justice of the Peace.
Though the reader may be wearied with these quaint old documents, since they throw so much light on the legal business and habits of the early settlers, it is deemed best to add a few more of a various nature. It is not the object to hold the authors up to ridicule, but to simply quote these documents as interesting relics of a time long since gone, and as indices to the legal talent of the various authors. They are given with- out remark.
CERTIFICATE OF QUALIFICATION.
This is to sertify that jefson marton was swor in to office as cool deter* this September, . the 25th day, A. D. 1852.
ISAIAHI COX, Justice of the peace.
*School director.
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HISTORY OF MILLS COUNTY.
ESTRAY AFFIDAVIT.
This day personally appeared before me, a justice of the peace in and for the county of Mills and State of Iowa, Lucas Tarpning of said county and state aforesaid and being after having been first duly sworn by me, deposeth and saith, that on the twenty-third day of October, 1854, there came an estray horse to his house in Rawles township and county aforesaid, which he took up, and he further saith that the marks or brands have not been altered by him or any other person to his knowledge, either before or after the same was taken up.
LUCAS TARPNING. [SEAL.]
Sworn and subscribed to before me the undersigned justice of the peace, this the 31st day of October, 1854.
WILLIAM KESTERSON, Justice of the peace.
On the reverse to this document appear the following:
We the apprasors, who was duly sworn to apprise an estray horse taken up by Lucus Tarpning, living in Rawles township, Mills county, Iowa. the said horse is a black when shed off, is fifteen and a half hands high, supposed to be six years old last spring, which, with both hind feet white half way to the back, and his right fore foot white to the paster joint, a star in his forehead with a tip on the nose and a white spot on the left side of his rump, and on his left leg at the upper part of hamstring, and also a white spot in his right flank, with a few white hairs on his back, supposed to have been done by a saddle; also his ankles are larger and has the appearance of being interfeared with his feet; appraised to ninety dollars.
Given under our hands and seals, this, the thirty-first day of October, A. D. 1854
GEORGE W. TRAITH, -
HIRAM KIETH, Appraisors. [SEAL.]
U. O. BURRELL EGGLESTON. )
I hereby certify that the foregoing is a correct transcript of the appraisment, this the 31st day of October, 1854.
WILLIAM KESTERSON, Justice of the peace.
SCALP BOUNTY CERTIFICATE.
STATE OF IOWA, }
MILLS COUNTY. S SS.
This day personally appeared Adam Campbell and made oath before Zachariah Bucking- ham, a justice of the peace for Lyons township, in Mills county, State of Iowa, and pro- duced the scelp of a wild cat, and also the seelp of a woolf that he cild, the wild cat and woolf in the bounds of Mills county, and in the limatation of ten days he is entitled to one dollar and fifty sents for each scelp out of the county treserry.
Givin under my hand this the twenty-eighth day of November, 1859.
ZACHARIAII BUCKINGHAM, Justice of the peace.
FIRST RECORDED WILL.
Last will and testament of Nels. S. Nelson, deceased, of Mills county, State of Iowa. I, Nels S. Nelson, being of sound and disposing mind and memory, and being desirous of settling my worldly affairs while I have strength and capacity to do so, do make and pub- lish this, my last will and testament; that is to say, first, I hereby make and appoint my
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HISTORY OF MILLS COUNTY.
beloved wife, Ingen Nelson, my sole executrix and administratrix, to pay all my funeral expenses and just debts as soon after decease as practicable out of the first moneys that shall come into her hands from any portion of my estate, real or personal; second, I ·give, devise, and bequeath unto my wife as aforesaid, all my real estate situated in the county of Mills, and State of Iowa, to-wit: The east half (12) of the northwest quarter (14) of sec- tion number twenty-one (21), in township number seventy-three (73), north of range forty- three (43) west, containing eighty acres, and also the west 12 of the northwest quarter (24) of section number twenty-three (23), in township seventy-three (73), north of range forty- three (43) west, containing eighty acres; and also the northwest quarter (24) of the north- west quarter (14) of section number twenty-two (22), in township seventy-three (73), north of range forty-three west, containing forty acres ; and also the east half (12) and the south- west quarter of the northwest quarter of the northeast quarter (14) of section number twenty-two (22), in township seventy-three (73), north of range forty-three west, containing one hundred and twenty acres. Second, I give, devise and bequeath to my wife Ingen, as aforesaid, all the household furniture in my dwelling house, and also the dwelling house; also all my personal property, consisting of four head of horses, seven head of cattle, six head of sheep, and twelve hogs. Third, it is my intention and wish that the above grants, gifts and bequests to my wife, Ingen Nelson, shall be and remain as above written; that she, my wife, as aforesaid, shall have full control of all my estate, both real and personal, to have and to hold the same to her, her heirs and assigns forever, upon the following conditions : That is to say that she remain a widow and does not again contract matri- mony, and in case she, my wife, Ingen, as aforesaid, should again contract matrimony, then the foregoing bequests to her are to be changed and altered as follows, to-wit: At the time of, or in the event of such marriage of my wife, as aforesaid, it is my wish and com- mand that my remaining estate, both real and personal, be duly and fairly appraised by two or more disinterested persons selected for the purpose, and after such appraisement shall have been fully and fairly made by the parties as aforesaid, the whole amount to be equally divided into two parts, one-half, or moiety thereof to be duly paid over by my wife, Ingen, as aforesaid, either in land or money, at her option, unto my brother, Lass Nelson, and in case of his death, to his children, for their benefit forever, the remaining half, or moiety of my estate to be retained by my wife, Ingen, as aforesaid, to have and to hold and to do with according to her pleasure.
In witness whereof I, Nels S. Nelson, the testator, have hereunto set my hand and seal this eighteenth day of May, in the year of our Lord eighteen hundred and fifty-eight.
NELS S. NELSON. [SEAL.]
Signed, sealed, published and declared by the above named Nels S. Nelson, as his last will and testament in the presence of us who have hereunto subscribed our names as wit- nesses thereto in the presence of the said testator and in the presence of each other.
CHARLES GOVE, T. F. E. SAAR, WM. KEMPTON.
STATE OF IOWA, }S
MILLS COUNTY. S SS.
In the county court of Mills county, setting as a court of probate. Be it remembered that on the fifth day of July, A. D., 1858, William Kempton and Charles Gove, two of the subscribing witnesses to the within and forgoing will, personally came before the said court, and being duly sworn, deposed and stated that they saw the within and foregoing named testator, Nels S. Nelson, sign the within and foreging instrument of writing, which he published as his last will and testament, and that the said testator was at the time of so doing of sound mind and over the age of twenty-one years, and that they attested the same at the request and in the presence of said testators, which proof was deemed by said
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HISTORY OF MILLS COUNTY.
court sufficient to establish said will, which was then allowed and ordered to be certified and recorded.
In testimony whereof, I, William Snuffin, clerk of the district court, and ex-officio clerk of the county court, and register of probate of said county, have signed my name and affixed the seal of said court, this 6th day of July, A. D., 1858.
WILLIAM SNUFFIN, Clerk.
While business of this nature was being transacted, there was also marrying and giving in marriage. The earliest marriage in the county is not, of course, recorded in the proper document, having occurred before its organization. The earliest recorded marriages are the following:
STATE OF IOWA, MILLS COUNTY. S
Jason Haws, of the aforesaid county, of the lawful age, and Sarah Hillman, intend mar- riage according to law; this is therefore to authorize any legal person to solemnize the aforesaid nuptials and make due return in twenty days from the date of said marriage. In witness whereof, I set my hand and affix the seal of my office, this sixth day of Sep- tember, A. D., 1851.
WILLIAM SMITH, County Judge.
On the bottom of this license appears the following return:
This is to certify that I did on the seventh day of September, 1851, join in marriage the above named persons at Coonville, as witness my hand.
J. W. COOLIDGE, Minister of the Gospel.
STATE OF IOWA, } MILLS COUNTY. S ss.
D. T. Bowen, of the aforesaid county, of lawful age, and Mary Sillsby, of lawful age, intend marriage according to law. This is therefore to authorize any legal person to sol- emnize the aforesaid nuptials, and make due return according to law, from the date of said marriage. In witness whereof, I set my hand and affix my seal of said office, this eighth day of December, 1851.
[SEAL.]
WILLIAM SMITH, County Judge.
On the reverse is the return as follows:
This may certify that I solemnized the marriage of D. T. Bowen and Mary Sillsbury, this 16th day of December. 1851.
WILLIAM SMITHI, County Judge.
Other early recorded marriages are those of:
Jacob J. Crocket and Elmira A. Anson, January 12, 1852; Joseph W. Coolidge, minister of the gospel, officiating.
Henry Fairbanks and Rhoda Ann Davis, February 12, 1852; Joseph W. Coolidge, clergyman, officiating.
412
HISTORY OF MILLS COUNTY.
Lewis Whitney and Ann J. Benedict, February 12, 1852; J. W. Cool- idge, clergyman, officiating.
John Lovell to Elizabeth Smith, March 12, 1852; Jonathan Kerns to Mary Watson, April 1, 1852; John F. Windham to Eliza Rogers, April 1, 1852; A. J. Napier to Milly J. Yuzenburg, April 14, 1852; Abbott Hows to Maria Cox, April 14, 1852; B. T. Homer to Patience Bentley, April 31, 1852; Elijah Allen to Eliza Ann Bickmore, May 3, 1852; and Alexander Kidd to Phidelia Bickmore, May 3, 1852.
In applying for marriage licenses it often became necessary to produce the written consent of the parents to the one or the other of the parties to the intended contract. These "written consents" were in many instances preserved, and present some very interesting reminders of the manner in which business of this nature was then conducted. The two following will, perhaps, best illustrate this feature. The first document bears no date whatever:
Mr. Judge Bennet sir plas let Wm. A. Folden have a maredge licens and oblige yours JAMES FOLDEN
The other one reads as follows;
APRIL 23, 1857.
Nelson Rucker our son was born January 29, 1837 witch will make him 21 next January as we under Stand that he wishes to git married we have nothing a gainst it therefor we give our Consent
AMBROSE RUCKER RACAEL RUCKER JOHN H. KOHB
COUNTY FINANCES.
The financial history of the county, unfortunately, bears no direct ratio of improvement as compared with its wonderful progress in other direc- tions. Through a mistaken policy in its earlier days-some portions of which have been more than once repeated-the county has had a long and hard struggle to free itself from debt, a result not yet attained.
In the earliest report on the finances, the business covering so little ground, and the causes of the heavy drafts of later days not existing, but little effort was required to keep the books in a condition easily understood. In those days the office of treasurer resembled, in part, the New England office of itinerant collector. He not only had a business headquarters, but was obliged to call upon delinquent tax-payers in order to secure their assessment. The duties of the treasurer were therefore doubly onerous,
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HISTORY OF MILLS COUNTY.
and his remuneration by no means adequate to the toil incurred. Few men sought office in those days; perhaps because the emoluments thereof were not sufficient to warrant any strenuous canvass. It was reserved for a later day and another generation to seek office for its spoils. Political contests, while excited so far as regards state or national issues, had noth- ing in common with them when matters of a local nature came up for suffrage. Personal vituperation and insidious attacks upon character were not then so prevalent as now. Persons were sought to fill offices, and should their duties appear onerous they were ready at once to resign. Salaries were small, and the temptation to use funds belonging to the pub- lic was stronger oftentimes than the determination to do right. Without instituting any invidious comparisons between the present county officials and those of an earlier day, it may be proper to note that the county treas- ury contributed more often to the funds of private individuals, than the reverse.
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