USA > Iowa > Page County > History of Page County, Iowa : containing a history of the county, its cities, towns, etc. : a biographical directory of many of its leading citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men, history of Iowa and the Northwest, map of Page County, constitution of the state of Iowa, reminiscences, miscellaneous matters, etc > Part 36
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
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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:
[ Here 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.]
315
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.]
316
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 seal, 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 Trustees, 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 Jeaving a wife,
317
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.
INTOXICATING LIQUORS.
No intoxicating liquors (alcohol, spirituous and vinous liquors), except wine manufactured from grapes, currants or other fruit grown in the State, shall be manufactured or sold, except for mechanical, medicinal, culinary or sacramental purposes ; and even such sale is limited as follows :
Any citizen of the State, except hotel keepers, keepers of saloons, eating houses, grocery keepers and confectioners, is permitted to buy and sell, within the county of his residence, such liquors for such mechanical, etc., purposes only, provided he shall obtain the consent of the Board of Supervisors. In order to get that consent, he must get a certificate from a majority of the elec- tors of the town or township or ward in which he desires to sell, that he is of good moral character, and a proper person to sell such liquors.
If the Board of Supervisors grant him permission to sell such liquors, he must give bonds, and shall not sell such liquors at a greater profit than thirty- three per cent. on the cost of the same. Any person having a permit to sell, shall make, on the last Saturday of every month, a return in writing to the Auditor of the county, showing the kind and quantity of the liquors purchased by him since the date of his last report, the price paid, and the amount of freights paid on the same ; also the kind and quantity of liquors sold by him since the date of his last report; to whom sold ; for what purpose and at what price ; also the kind and quantity of liquors on hand; which report shall be sworn to by the person having the permit, and shall be kept by the Auditor, subject at all times to the inspection of the public.
No person shall sell or give away any intoxicating liquors, including wine or beer, to any minor, for any purpose whatever, except upon written order of parent, guardian or family physician ; or sell the same to an intoxicated person or a person in the habit of becoming intoxicated.
1
318
ABSTRACT OF IOWA STATE LAWS.
Any person who shall mix any intoxicating liquor with any beer, wine or cider, by him sold, and shall sell or keep for sale, as a beverage, such mixture, shall be punished as for sale of intoxicating liquor.
But nothing in the chapter containing the laws governing the sale or pro-' hibiting the sale of intoxicating liquors, shall be construed to forbid the sale by the importer thereof of foreign intoxicating liquor, imported under the author- ity of the laws of the United States, regarding the importation of such liquors, and in accordance with such laws; provided that such liquor, at the time of the sale by the importer, remains in the original casks or packages in which it was by him imported, and in quantities not less than the quantities in which the laws of the United States require such liquors to be imported, and is sold by him in such original casks or packages, and in said quantities only.
All payment or compensation for intoxicating liquor sold in violation of the laws of this State, whether such payments or compensation be in money, goods, lands, labor, or anything else whatsoever, shall be held to have been received in viola- tion of law and equity and good conscience, and to have been received upon a valid promise and agreement of the receiver, in consideration of the receipt thereof, to pay on demand, to the person furnishing such consideration, the amount of the money on the just value of the goods or other things.
All sales, transfers, conveyances, mortgages, liens, attachments, pledges and securities of every kind, which, either in whole or in part, shall have been made on account of intoxicating liquors sold contrary to law, shall be utterly null and void.
Negotiable paper in the hands of holders thereof, in good faith, for valuable consideration, without notice of any illegality in its inception or transfer, how- ever, shall not be affected by the above provisions. Neither shall the holder of land or other property who may have taken the same in good faith, without notice of any defect in the title of the person from whom the same was taken, growing out of a violation of the liquor law, be affected by the above provision.
Every wife, child, parent, guardian, employer, or other person, who shall be injured in person or property or means of support, by an intoxicated person, or in consequence of the intoxication, has a right of action against any person who shall, by selling intoxicating liquors, cause the intoxication of such person, for all damages actually sustained as well as exemplary damages.
For any damages recovered, the personal and real property (except home- stead, as now provided) of the person against whom the damages are recovered, as well as the premises or property, personal or real, occupied and used by him, with consent and knowledge of owner, either for manufacturing or selling intox- icating liquors contrary to law, shall be liable.
The only other exemption, besides the homestead, from this sweeping liability, is that the defendant may have enough for the support of his family for six months, to be determined by the Township Trustee.
No ale, wine, beer or other malt or vinous liquors shall be sold within two miles of the corporate limits of any municipal corporation, except at wholesale, for the purpose of shipment to places outside of such corporation and such two- mile limits. The power of the corporation to prohibit or license sale of liquors not prohibited by law is extended over the two miles.
No ale, wine, beer or other malt or vinous liquors shall be sold on the day on which any election is held under the laws of this State, within two miles of the place where said election is held; except only that any person holding a permit may sell upon the prescription of a practicing physician.
319
ABSTRACT OF IOWA STATE LAWS.
SUGGESTIONS TO THOSE PURCHASING BOOKS BY SUBSCRIP- TION.
The business of publishing books by subscription, having so often been brought into disrepute by agents making representations and declarations not authorized by the publisher, in order to prevent that as much as possible, and that there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, the following statement is made :
A subscription is in the nature of a contract of mutual promises, by which the subscriber agrees to pay a certain sum for the work described; the consid- eration is concurrent that the publisher shall publish the book named, and deliver the same, for which the subscriber is to pay the price named. The nature and character of the work is described by the prospectus and sample shown. These should be carefully examined before subscribing, as they are the basis and consideration of the promise to pay, and not the too often exag- gerated statements of the agent, who is merely employed to solicit subscriptions, for which he is usually paid a commission for each subscriber, and has no authority to change or alter the conditions upon which the subscriptions are authorized to be made by the publisher. Should the agent assume to agree to make the subscription conditional or modify or change the agreement of the publisher, as set out by the prospectus and sample, in order to bind the princi- pal, the subscriber should see that such condition or changes are stated over or in connection with his signature, so that the publisher may have notice of the same.
All persons making contracts in reference to matters of this kind, or any other business, should remember that the law as written is, that they can not be altered, varied or rescinded verbally, but if done at all, must be done in writing. It is therefore important that all persons contemplating subscribing should distinctly understand that all talk before or after the subscription is made, is not admissible as evidence, and is no part of the contract.
Persons employed to solicit subscriptions are known to the trade as can- vassers. They are agents appointed to do a particular business in a prescribed mode, and have no authority to do it any other way to the prejudice of their principal, nor can they bind their principal in any other matter. They can not collect money, or agree that payment may be made in anything else but money. They can not extend the time of payment beyond the time of delivery, nor bind their principal for the payment of expenses incurred in their business.
It would save a great deal of trouble, and often serious loss, if persons, before signing their names to any subscription book, or any written instrument, would examine carefully what it is; if they can not read themselves call on some one disinterested who can.
STATISTICS OF AGRICULTURE OF IOWA (CENSUS OF 1875.)
No. of
No. of
No. of
Acres
Indian Corn.
COUNTIES.
Acres
Acres
Spring Wheat.
Winter Wheat.
Oats.
Value oť
of Im-
Unim-
under
Products
proved
proved
Culti-
No. of
No. of
No. of
No. of
No. of
No. of
No. of
No. of
of Farm
in
Land.
Land.
vation
Acres.
Harv't'd
Acres.
Bushels
in 1874.
Bushels
Harv't'd!
Acres.
Bushels
Harv't'd
Acres.
Bushels
Harv't'd
Dollars.
Appanoose.
161059
134767
161083
125188
9606
77789
1049
10838
64871
2385243
387346
24325
21146
156821
109388
61880
1964
905920
13756
$1611937
Alamakee.
Audubon.
65459
23819
15986
54352
6876
937639
89235
181
9225
394655
12776
788
442829
10
1415769
97
33233
Adams
83182
43735
17947
281376
184153
Adair
55680
66265
27550
435014
7
70
174
25474
969777
30860
1402428
3951
141293
33118
37034
27010
3500
7888
228231
4455
2791
159739
695318
Buena Vista
67069
828171
297518
53911
239408
15514
99406
162737
1343666
207828
Benton.
7
Boone ..
71810
108642
124877
429257
280
83244
3328921
156987
32505
11
20
84
46151
1595752
15490
10401
445070
404620
2664995
Butler.
149-198
145967
58908
104810
57907
779167
644795
700
38685
1270878
13827
421719
1018453
1209785
Bremer
Black Hawk
213025
47001
150881
181256
48878
28754
1026641
1939590
14259
1108024
56592
518571
89361
16804
538196
1144620
1898424
Buchanan ..
19056
71418
64291
39919
157240
812342
48831
1811250
17431
556209
2615949
Clay.
37059
33375
45412
17481
153159
8797
180120
28974
4436
98766
123343
Cherokee
54638
110864
31693
9459
3545
45304
92785
40123
401507
676209
315215
40582
1901062
9079
115595
176281
35019
Cass ..
Crawford
58058
248869
283414
15262
166485
24000
324894
41417
26
17957
648658
1284899
Cedar
40467
640544
295
78224
2845921
2902
99158
20213
483357
Cerro Gordo.
52980
212291
309895
151908
48648
675837
2606149
28199
173622
86883
415463
1347
21030
9512
265143
228097
Clayton
1305125
37948
7199
1471263
20024
669895
591617
2081793
Clinton
299855
57337
94772
74104
68683
1010345
12
428
89297
3061338
23704
702059
3049019
Chickasaw
96504
40162
643519
3
63
16821
514279
11744
Carroll
309744
446300
894656
58065
39159
3
Clarke.
98694
50187
78803
26756
340161
217090
20
16014
550041
3238
107577
17968
451365
7
55
39066
1580260
12337
367643
7051987
Calhoun
26996
26618
131597
11040
109631
10
150
10656
2993
73182
221613
Davis
150938
116003
351120
80993
Decatur
115751
187831
87172
95275
5378
5379
56405
62127
2115569
13643
345707
344551
1608090
98561
146244
8211
77169
817
12239
50484
1763140
634135
1720
1702391
10555
25115
643322
1024541
Dubuque.
143665
97618
49240
84
Des Moines
58165
10615
8688
67118
472029
113896
117310
102924
2307938
287392
1636132
9242
Delaware
62305
161357
1772992
Dickinson.
60401
71728
15770
29850
25822
5
50
56150
132435
57765
11961
114625
5701
29256
3183
1690335
20577
44455
2403
632113
37282
1693314
45334
Dallas
Emmet
9989
8387
3911
445848
1510
7
186
57652
9937
25586
2197
2484898
335124
Floyd
147098
14273
1549
3241
1502047
179504
32130
110708
15244
62067
98156
941439
26462
642448
1367377
Fayette ..
133758
60779
863670
46
37091
1296480
15461
487729
Franklin
69859
115907
43046
198832
65590
103039
31096
455909
968
24066
758983
20770
704407
328679
1503127
Fremont
13229
9532
777106
5419
Grundy
146089
59940
47926
135108
67384
206901
73845
976607
841
16625
40175
1703985
1482582
11786
179645
401948
1046066
1593977
Green
87259
49838
47220
52323
19391
783037
783027
4227
120948
620905
Guthrie
76892
27489
257760
393574
2
22
44
38902
1669134
4145
153505
792461
Hardin
128831
39930
Humboldt
29114
97765
38464
497251
860
41304
1379961
10982
356945
90944
1066627
200001
Howard
115823
36906
27013
12046
20902
9998
297381
3974
171048
Harrison
94818
310268
337451
61871
36115
23948
582803
9916
1200
307912
10210
72287
841615
143701
84
44720
2067
1620192
57899
3462
69140 .
734409
Hancock
10462
786677
9005
4889
48816
89405
Hamilton
63966
39935
52050
70006
1353
20676
294682
20441
Henry
50219
180220
62672
670731
2415670
5108
168262
52762
182080
7292
9494
110831
6514
15026
9041
113203
13393
2301
108465
455
358221
1765670
Ida
48815
Iowa
191041
14060
89357
142401
158-188
3108
48410
670247
36
1080
€2518
2713830
11756
319071
7482211
193290
2005049
Jackson
142401
43515
491
1665518
23652
1750091
Johnson
241021
550000
7942
53962
521156
278881
71257
193019
45306
666779
100
1274
179752
216949
77142
3158178
17760
522197
2447875
Jasper
208907
63298
79926
1107170
100217
65423
4525889
15267
532239
464824
2916838
Jones.
86090
462478
31
1909534
18260
1896416
Jefferson
167389
66979
140684
125590
409
1695510
Keokuk
208125
98999
31550
149672
16237
164904
6192
66739
55061
14005
446128
1530140
33278
368528
148
1363
75697
3327282
15582
447603
1919728
Kossuth.
48793
28835
10798
13139
140
Lee
183832
78692
9781
119777
5143
27857
105306
108952
133580
88857
10851
72624
15400
200407
59863
2190306
11817
279069
Lucas.
59757
13954
153587
31
329
47022
1902530
12665
342164
1631518
Lyon.
15872
1030554
Linn
281118
318841
62649
12766
8132
76742
54
2645
10396
3477
13789
151007
3439923
22670
585648
32651
2590052
Louisa.
52922
175655
52178
656597
12
160
91773
Mitchell.
126384
100066
19764
1388
94133
189939
1083811
16267
49612
2184658
411.61
6792
175755
70176
14078
512662
1665739
1591878
Mahaska
232398
122490
150368
65534
31362
11274
199669
82779
153214
395532
205 !
2697
83775
3768209
16646
496248
2195785
Marion.
141512
99837
45136
529663
189
2212
84630
3835073
10937
335746
2181346
Mills
53604
161998
24385
342961
32
1533976
6528
232689
Madison
1003509
102215
188709
137979
543
59543
25
2953630
9.45
285103
1709030
Monroe
223735
78206
91730
37553
628314
484
5584
69494
11638
101413
263
45575
1738916
2808256
11:12
241081
938362
Marshall
19611
Monona ..
52212
47552
56278
117303
39844
69895
112538?
21
200
67699
Muscatine ..
178945
48832
129699
15331
32375
183811
21577
818388
1715973
2304
465245
66475
2368278
13287
405562
447665
1747906
'Montgomery.
104633
50607
416471
63
86026
629
54760
1381
551539
8
166
39251
1441467
5322
26434
106052
201635
1072127
O'Brien
33626
32070
14901
157526
6379
3107
53931
191542
Osceola
18490
26829
Polk
207689
31406
56841
14651
140450
8769
74757
2510
17279
1390
431841
69581
3272040
12188
2140023
Pochahontas
21928
35572
19219
37686
563389
30774
21
394
77497
124630
7434
8981
229263
2541
40494
112666
Pottawattomie
419489
90679
33369
588971
63
475
47258
1750038
5278
168081
1252629
Powesheik.
208989
48697
156782
171589
57312
86748
3571105
2393022
Page
175471
115484
762826
51912
44379
22689
33628
355792
1220
2239013
11416
9758
333565
346507
1293463
Plymouth.
58233
18517
32225
442736
20235
10
160
71386
10097
434123
Palo Alto.
Ringgold
16679
8606
23208
325
6641
175778
120437
142957
4161
2979
46859
96616
18400
235515
58829
50873
10926
78851
125
1762
35613
1145937
9118
Scott .
19123
185742
762315
618
59071
51273
15915
255007
47698
40
2226346
1783477
11273
528868
1115782
Story
148649
43874
99387
26658
330897
8
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