USA > Iowa > Taylor County > History of Taylor 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 Taylor County, Constitution of the United States, reminiscences, miscellaneous matters, etc > Part 44
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Thus was Bedford, the county seat located. The further history of the city will be found in its appropriate place.
SOME EARLY LEGAL DOCUMENTS.
Why print these quaint, old documents? Of what possible use can they ever be? These are questions eminently proper, but while proper, perhaps not judicious. The legal qualifications, good or bad, of the early officials; the nature of the business transacted at an early date; the social life and the moral condition of the people, can be judged far better by the records they leave than by tradition, which is, at least, far too vague. The docu- ments herein given display, none of them, deep legal acumen, but their simplicity bears witness of the deep undercurrent of honor running through- out them. It was not deemed necessary in those days to employ the cun- ning of the legal profession to make a bargain binding or a legal transac- tion valid. If a farm were bought, or sold, the simplest procedure consistent with a business-like method was adopted, and on its adoption became the rule of action. Among the many curious records in the law history of the county the following, interesting in themselves, will illustrate the nature of the business, and perhaps throw some light on the social relations of the early settlers:
FIRST MARRIAGE RECORD.
STATE OF IOWA, TAYLOR COUNTY. S
To any authorised licensed officer or minister authorised to solomise matrimony you are commanded to join in wedlock William Allumbaugh to Ms Nancy Jane Ross, Bothe of Tay- lor county, Benton township. gave under my hand the first day of March, 1851.
JOHN HAYDEN, Clerk.
395
HISTORY OF TAYLOR COUNTY.
I, John W. Miller, a Justice of the peace, certify that I joined together in Matrimony Wil- liam Allumbaugh to Nancy Jane Ross, this 29th day of March, 1851.
A Tru Copy.
JOHN W. MILLER, J. P.
FIRST DEED.
This indenture, made and entered into between William F. Walters, of the county of Tay- lor, and State of Iowa, of the first part, and Elisha Gladen, of the county of Buchanan, and State of Wisconsin, of the second part, witnesseth that the party of the first part has bar- gained and sold to the party of the second part that parcel of land situate and being in the county of Taylor, and State of Iowa; to-wit, the s. w. 14 of the s. w. 14 of section 14, township 68 north, of range 35 west, containing forty acres, for the consideration of one hundred dol- lars, to me in hand paid, before sealing the same, and the said William F. Walters will sell, warrant and defend the title of the above described land to the proper use and benefit of him, the said Gladen, from and against himself and heirs, and all persons claiming in, or through, or under him, the said Walters, as witness I have hereunto set my hand and seal, this 31st day of July, 1854.
WILLIAM F. WALTERS [SEAL].
STATE OF IOWA, TAYLOR COUNTY. S
I, John Lowe, county judge for the county and State aforesaid, do certify that William F. Walters, whose name is signed to the foregoing deed of conveyance, was signed in my presence for the purpose and intent before named, as witness my hand and seal of office this the 31st day of July, 1854.
JOHN LOWE, County Judge.
I do certify that the above is a true copy of the deed from Walters to Gladen. Gave from under my hand this 8th day of October, 1854.
WM. B. CONGER [SEAL]. By J. LOVE, for Conger.
SECOND DEED OF RECORD.
This indenture, made and entered into this 29th day of October, A. D. 1854, by and be- tween the undersigned, county judge of Taylor county, in the State of Iowa, for and in behalf of the inhabitants of said county of the first part, and Edwin Houck of the second part, wit- nesseth that the said party of the first part, for and in consideration of the sum of $30.15, to him paid by the said party of the second part, the receipt of which is hereby acknowledged, doth hereby sell, convey and confirm unto the said party of the second part a certain tract or parcel of land, lying and being in the county of Taylor, and State of Iowa, and in the town of Bedford, the county seat of said county, and known in the plat of the general survey of said town as lots 7 and 8, block 11, in said town of Bedford; and the said party of the first part hereby covenants that the said county of Taylor will warrant and defend the said prem- ises to the said party of the second part against the lawful claims and deeds of all persons claiming the same, as assigns of said county, and by its authority.
In testimony whereof, I, John Lowe, county judge of said county, have hereunto set my hand and affixed my seal of office this 27th day of October, A. D. 1854.
JOHN LOWE, County Judge.
396
HISTORY OF TAYLOR COUNTY.
STATE OF IOWA, TAYLOR COUNTY. S
On this 27th day of October, A. D. 1854, before Henry W. Baker, district clerk, within and for said county, personally came John Lowe, who is personally known to me to be the identical person who executed the foregoing deed as party grantor thereto and acknowledged the same to be his act and deed for the purposes therein named.
Given from under my hand this 27th day of October, A. D. 1854.
I do certify that the above is a true copy.
H. W. BAKER, District Clerk.
LUTHER BENT.
QUITCLAIM DEEDS.
To all persons to whom these presents shall come, greeting :
Know ye that whereas at the March term of the District Court, in and for the county of Taylor, State of Iowa, held on the 29th day of March, A. D. 1855, at the town of Bedford, in said county, a decree was made by the District Court of said county that Adam Vinnedge do make and deliver unto Elizabeth M. Bent and her heirs a quitclaim deed of, in and to the following described tracts or parcels of land lying and being in the county aforesaid, the same having prior to said term of court been entered with money belonging to said Elizabeth M. Bent, in trust for her in the name of said Vinnedge; to-wit, The northwest fourth of the southwest quarter, and the south half of the northwest quarter of section No. 29, in town- ship No. 68, of range No. 34.
Now, I, the said Adam Vinnedge, do therefore, in consideration of the premises aforesaid, release, remise, and forever quitclaim unto the said Elizabeth M. Bent and to her heirs, the aforesaid tracts or parcels of land, to have and to hold the same, together with all the rights thereto appertaining.
In witness whereof, I have hereunto signed my name the 29th day of March, A. D. 1855.
ADAM VINNEDGE.
STATE OF IOWA. - 1 COUNTY OF TAYLOR. SS.
Be it remembered that on this, the 29th day of March, A. D. 1855, before me, sitting as a District Court of said county, at its March term, 1855, personally appeared before me Adam Vinnedge, who is personally known to me to be the identical person who signed the within deed of conveyance as party grantor thereto, and acknowledged the same to be his voluntary act and deed for the purposes therein memtioned.
E. H. SEARS, District Judge.
I do certify that the above is a true copy of the original deed to Elizabeth M. Bent, April 4th, 1855.
WILLIAM M. MCEFEE, Recorder of Taylor County.
FIRST MORTGAGE OF REAL ESTATE.
This deed of mortgage, made and entered into this 25th day of December, A. D. 1856, by and between Edward Serivner, of the county of Taylor and State of Iowa, of the first part, and Isaac B. Fells, of the county of Gentry and State of Missouri, of the second part, wit-
397
HISTORY OF TAYLOR COUNTY.
nesseth that the said party of the first part, for and in consideration of the better securing the payment of the promissory note hereinafter mentioned, as well as the consideration of the sum of one dollar to him in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, have and by these presents do bargain, sell, alien, convey and confirm unto the said party of the second part and to his heirs and assigns forever the following describ- ed tracts of land, lying and being in the county of Taylor and State of Iowa; to-wit, the west half and the southeast quarter of the northwest quarter of section No. 20, in township No. 67 north, of range No. 35 west, containing in all one hundred and twenty acres, more or less, to have and to hold the same unto the said party of the second part, and to his heirs and assigns forever; Provided, however, that this conveyance and these presents are upon these express conditions :
WHEREAS, The said Edward Serivner has this day executed his promissory note in words and figures as follows; to-wit,
Twelve months after date I promise to pay Isaac B. Felts the sum of one hundred and forty-four dollars for value received this 25th day of December, 1856.
Attest, G. W. LEWIS.
his EDWARD M SERIVNER. mark
Now, if the said Edward Serivner, his heirs, executors, or administrators shall well and truly pay the sum of money specified in said note, together with all interest thereon, if any, when said note shall become due and payable according to the true tenor, meaning and ef- fect thereof, then this conveyance and the property hereby conveyed shall be void; but if the said Edward Serivner, his heirs, executors and administrators shall not well and truly pay the sum of money specified in said note, together with all interest thereon, if any, when said note shall become due and payable according to the true tenor, meaning and effect thereof, then this conveyance shall remain in full force, and the said party of the second part, his heirs or assigns may proceed to sell this for simple title to the property hereinbefore described, or any part thereof, at public vendue, to the highest and best bidder for cash at the court- house door in the town of Bedford; first giving twenty days' public notice of the time, terms and place of sale, and of the property to be sold, by six written handbills to be put up in six public places in the county of Taylor, and upon such sale shall execute and deliver a deed or deeds in fee simple of the property to be sold to the purchaser or purchasers thereof, and any statement and recital whatever in said deed or deeds by said party of the second part, his heirs, executors and administrators or assigns shall be received in all courts of justice as prima facie evidence of the truth thereof, and receive the proceeds of said sale out of which he shall pay the first cost and expenses of this trust and meet whatever may be in arrears and unpaid on said note, whatever of principal or interest, and the balance, if any, shall be paid to the party of the first part, his heirs or legal representatives.
In testimony whereof, the said party of the first part has hereunto set his hand and seal the day and date first aforesaid.
EDWARD SERIVNER.
STATE OF MISSOURI, GENTRY COUNTY. SS.
Be it remembered that on this 25th day of December, A. D. 1856, Edward Serivner, who is personally known to the undersigned judge of the Probate Court of Gentry county and State aforesaid subscribed to the foregoing deed of mortgage as grantor, this day person- ally came before me and acknowledged that he executed the same as his free act and deed, for the uses and purposes therein mentioned.
398
HISTORY OF TAYLOR COUNTY.
In witness whereof, I have hereunto set my hand and affixed my official seal of office the day and date aforesaid.
GEO. W. LEWIS, Judge Probate Court, Gentry county, Mo.
I do certify the foregoing to be a true copy of the original mortgage deed to Isaac B. Felts, as now on file in my office for record this 25th day of December, A. D. 1865.
WILLIAM N. MCEFEE, County Recorder.
FIRST CHATTEL MORTGAGE.
For and in consideration of the sum of one hundred dollars in hand paid, I, E. W. Fouts, of Bedford, Taylor county, and State of lowa, hereby sell and convey unto E. T. Smith, of said town, county, and State, the following described personal property; to-wit, twenty- three black and white spotted hogs, about eight months' old, marked underbit from each car there being spayed sows among them, one sow black and white spotted, mark underbit from each ear, with six pigs, about eight weeks old; one red two-year old heifer, and two one-year old red and white spotted heifers, and two hundred and fifty bushels of corn in the ear; and I, said Fouts, hereby covenant to warrant and defend the property against the lawful claims of all persons whomsoever. The conditions of the above obligation are such as,
WHEREAS, The said E. W. Fouts has this -- day of April, A. D. 1862, made, executed and delivered to Windsor, Cathcart & Co. his promissory note for the sum of one hundred dollars, with ten per cent interest from date, and falling due the 25th day of December, A. D. 1862, and the said E. T. Smith has signed said note, being security for the payment of said note at maturity, now if the said Fouts shall well and truly pay said promissory note, principal and interest, at maturity, and save the said Smith harmless from liability on said note, then this obligation to be void; otherwise the said E. T. Smith shall be entitled to take possession of said personal property, and to sell the same for the payment of said note, with the interest due thereon, after first giving the same notice as is required by law to be given for the sale of like property under execution.
Witness my hand this 23d day of April, A. D. 1862.
E. W. FOUTs.
STATE OF IOWA,
TAYLOR COUNTY. . } ss.
Be it remembered that on this 23d day of April, A. D. 1862, before me, the undersigned, a notary public in and for said county and State, personally appeared E. W. Fouts, to me personally known to be the identical person whose name is affixed to the foregoing instru- ment as grantor, and acknowledged the execution of the same to be his voluntary act and deed.
Witness my hand and notarial seal at Bedford, Taylor county, Iowa, April 23, A. D. 1862.
S. J. HALL [SEAL].
Notary Public.
THE ORDINATION OF JOHN LAMBERT.
From a previus act of the Regular babtis church of jesus christ, called three forks of Nodawa, To call for a presbetry for the ordination of John Lambert, Met at the House of william Shuen, in page co., iowa, Elder pale p. Chamberlin, and by the request of the church proceded as the presbetory. the candidate, John Lambert, having been set Before him by the church, and by Examination, find sd candedate to bee of good moral deportments and sound in
399
HISTORY OF TAYLOR COUNTY.
the faithe, and I, withe church, believe him to Bee cald to the work of the Ministry by the holy gost, procede to ordane him and set him A part with the full power of the ministry, and as such i recomend him by the grace of god to the churches where Ever his lot is Cast. gave from under this twenty-fourthe day of June, in the yeare of our Lord 1854.
PAUL P. CHAMBERLIN,
presbytery.
i Certify that the above is a true copy of the ordination of John Lambert, of Taylor co., io, this 10 day of June, 1854.
LUTHER BENT, deputy Recorder. for WM. B. CHANGE, Recorder.
Done by J. LOWE, by order of BENT.
LEGAL HISTORY.
COUNTY, DISTRICT, AND CIRCUIT COURTS.
The first county court commenced at the house of Jacob Miller, Febru- ary 16th, 1851. The officers composing the court have been elsewhere mentioned. Aside from the business pertaining to the public affairs of the county, this court had jurisdiction over certain other causes, among them attachments, executions, and even sometimes heard preliminary actions in criminal causes and bound the malefactor over to the succeeding term of the District Court. The very first case tried before the county court was on a writ of attachment, and is as follows, together with the second and third cases.
William wilson
John thompson VS. an attachment
and Claims the faleure on the part of John thompson fer Not promptly pa- ing off A Note of hand, Made pay a ble to Isaac Dowis, with Wm. Wilson and H. foster sur- ety for some twenty-six dollars and some odd cents, and due on the 18 day of January, 1853.
this day the plaintif John thompson has apeared and Confesed Judge Ment whereupon John thompson pays all Cost Expens in said sute gave under My hand this the 24 day of Jan- uary, 1853.
JOHN LOWE, C. J.
Now at this day heare Coms James H. Holland and Jacob Ross and acknowledges them- selves Jointly indebted to the county of Taylor in the sum of ten dollars and Eighty cents and the Cost attached an acertain stray horse Colt taken up by William Roach on the 30 day of october 1851-appraised to thirty dollars, and sd stray alluded to was traded in as hort time after he was taken up by Roach to one young faris, and by Faris to one James Holland, and Holland traded sd. stray before alluded to to one Jocob Ross. all the ill legall traffick done Before the Nine months had expired to gave title to sd. Horse. theare up on the county Court of taylor County has directed that the forfeture of sd. stray horse Colt dos Es Cheate to the schole fund of sd. county. JOHN LOWE, County Judge.
the County of Taylor u. s ) .the writ Esued to William
against John thompson. ยง McEfee, sherif of Tayler
Co on the 10 day of January, 1853, and the said warrant Have Been levied on a certane Bay
400
HISTORY OF TAYLOR COUNTY.
Mare witch was Taken up by John thompson in october, 1851, and said thompson appearing him self in person and acknowledg the demand and alledg in said writ is just, and thearup- on Complys with the requir Ments of the law. thearupon it is ordered by the court that the said bay Be released by thompson paying to the courte the sum of the princeple, $12.25; and fifty cents for the writ, 50c; and one dollar Clerks fes, $1.00; and fifty cents for recording Judge Ments, 50c; sherifs fees for having the writ, 50c; Mileage, 4 miles, 5 cents per mile going and returning, 40c; for advertisements, 20c; for keeping the Mare, 1.50
the Entire procedes of the above Named Stray Taken up by John thompson, after deduct- ing the Expenses will neate to the schole funds-$10.75.
JOHN LOWE,
County Judge for Tayler County, Iowa.
Judge John Lowe was a native of Kentucky, where, also he was educated. He is remembered as a warm, frank, open-hearted man; certain it is that he enjoyed the confidence of the early settlers to the fullest extent, and was supposed by them to be almost the sole man in the county qualified to transact public business. This reputation-whether deserved or not it is without our province to decide-accounts for his long tenure of this office. The records would seem to demonstrate that his education had been very limited, at least in some directions that are nowadays deemed important. But they also evidence a desire to faithfully discharge the duties of his of- fice. One peculiarity of nearly all the public documents issued from his office is that they invariably closed with the phrase "gave from under my hand this-day of-" etc. He resided west of the county seat, some three or four miles, in a log cabin, and at the organization of the county, when its first assessment roll was made out, it was deemed worth about forty-eight dollars and paid a tax of twenty-nine cents.
The first business relative to the disposition of the property of deceased persons was transacted by Judge Lowe during the first month of his first term of office. Joshua Hudson, an early settler in this county, had died in- testate. It became necessary, of course, to provide administrators of the estate, which Judge Lowe proceeded to do by appointing the wife of the de- ceased as administratix. The documents in this matter are the following:
LETTERS OF ADMINISTRATION.
STATE OF IOWA, SS.
TAYLOR COUNTY. S
To all persons to whom these presents shall come, greeting : Know ye that whereas Joshua Hudson, late of the county of Taylor, died intestate, having at the time of his death property in this State which may be lost, destroyed or diminished in value if speedy care be not taken of the same; to the end thereof that said property may be collected, preserved and disposed of according to law, I do hereby appoint Mary Hudson administratix of all and singular the goods and chattels, rights and credits which were of said Joshua Hudson at the time of his death, with full power and authority to secure and dispose of said property according to law and collect all money due said deceased; and in general to do and perform all other acts
401
HISTORY OF TAYLOR COUNTY.
and things which are or hereafter may be required of her by law. In testimony whereof, I, John Lowe, judge of the Probate Court and for the county of Taylor have hereunto signed my name and affixed the seal of said county at my office this the 13th day of August, A. D. 1852. JOHN LOWE, Judge.
Filed 14th day of August, 1852, for record. A true copy. JOHN HAYDEN, Clerk.
The property of the deceased man was appraised by John W. Dun- can, Cornelius N. Sweet and James Ano, on September 4th and 6th. On the last named date the property was sold, realizing in notes, mortgages and money, $687.40. On the 29th of September the bill of sale of the es- tate, with all the items, parties to whom sold and amounts paid, was re- corded and filed away with other papers of like import.
This business transaction was followed on October 27, 1852, with one of a like import relative to the estate of Russel L. Thompson, deceased, and another of the early settlers in the county. The administrator was Thomas Holland. The amount realized was $62.17. The other business transacted by the county court had reference more particularly to public matters, such as ordering roads, building bridges, and caring for other like improvements.
The legal history of the county properly begins with the institution of the District Court, the first term of which was held September 15, 1851, at the house of Jacob Ross,* Judge James Sloan presiding. John Hayden was clerk, and James B. Campbell, sheriff. There were three attorneys present, George P. Styles, A. C. Ford, and Jacob Dawson. The last named was appointed prosecuting attorney for the term. The grand juryt found two indictments, one each against Isaac Dowis and S. E. Godfrey for assault
*The grand jury held its deliberations in a grove near the dwelling of Judge Ross, and the petit jury in the same grove, a short distant from the other jury.
Benjamin Pector was the first attorney admitted to the bar at the July term of 1852. He became a noted attorney in southwestern Iowa, and was especially well known in Fremont county. He died at Helena, Arkansas, January 21, 1863. The following attorneys practiced before the bar up to September, 1855: G. P. Stiles, A. C. Ford, Jacob Dawson, O. W. Fenus, L. Lingenfelter, D. H. Solomon, William Kelsey, J. J. Barwick, A. H. East, J. H. Drews, Benjamin Rector, J. W. Russell, J. A. Hews and John Wilson.
+The names of persons from whom the grand jury members were selected is given, as well as the actual members of the first petit jury:
First grand jurors .- Benjamin Barner, James D. Ross, Wm. B. Cariger, James Holland, Elisha Parker, Henry Fields, Thomas Holland, William Roach, William Lewis, Matthew Smith, Russel L. Thompson, Joseph Roach, Matthew Hindman, Henry Smith, Eden Hawk, Isaac Guyll, James H. Burge, Elias Bridgewater, Nathaniel Towner, John R. Foster, John Dougherty and William Edmonson.
First petit jurors .- William Wilson, George Dial, William Pinter, James Gartside, James Ross, William Hindman, Frederick Gammel, Alexander Duncan, Benjamin Tanner, David Niseley, Francis H. Farley and Henry Foster. 6
-
402
HISTORY OF TAYLOR COUNTY.
and battery upon one John Hayden. The judge, James Sloan, who pre- sided at this session, was a most remarkable man. On the records of the District Court of Fremont county for the June term, 1850, appear the fol- lowing entries:
James Sloan produces in court his declaration of his intention to become a citizen of the United States of America, and also produced satisfactory evidence to the court that said James Sloan has resided in the United States for more than five years, and within the State of Iowa for more than one year last past, and it further appearing to the satisfaction of the court that during that time he has behaved as a man of good moral character, attached to the principles of the constitution of the United States, and well disposed to the good order and happiness of the same.
Thereupon the said James Sloan came into open court, and was duly sworn to support the constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, State or sovereignty whatsoever, and particularly Queen Victoria, present queen of Great Britain and Ireland, whereof he was before a subject.
Now at this time comes James Sloan and produces in court a license from the Supreme Court of the State of Iowa, to practice as an attorney and counselor at law.
Whereupon the said James Sloan came into open court, and was duly sworn to support the constitution of the State of Iowa, and that he would faithfully demean himself as an at- torney and counselor at law to the best of his abilities.
In the following year, 1851, Sloan was elected to the office of judge of the District Court, a position for which he was, in many respects, totally un- qualified. His first term of court was held at Sidney, Fremont county, in May, 1851. From that county he held court in Page, and then to this county in the fall of the same year. It is related of the judge, that, at a session of his court held in Coonville, near Glenwood, Mills county, just at the close of his session here, a very modest member of the bar politely at- tempted to enlightened his understanding upon some statutory provision by opening the Code and offering to read therefrom, when, to his chagrin and mortification, he was met by the stern rebuke of his honor-"Sit down, sir! down! to h-1 with your Cud! the court has the law in his head!" The second time that the judge went to Coonville to hold court he was un- able to proceed on account of the animosity being generated between the mass of the people and the Mormon population of that section, to which latter the judge belonged. He resigned in 1852, and removed his residence to Salt Lake, from which period he has been lost to sight. He was suc- ceeded on the bench, for a brief period, by Samuel H. Riddle. In the meantime there had been admitted to the bar some lawyers* well known to
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