The History of Marion County, Iowa: Containing a History of the County, Its Cities, Towns, & C., Part 27

Author: Union Historical Company
Publication date: 1881
Publisher: Des Moines : Union Historical Company
Number of Pages: 915

USA > Iowa > Marion County > The History of Marion County, Iowa: Containing a History of the County, Its Cities, Towns, & C. > Part 27

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And the said Thomas Whiteside, in.consideration of the prompt fulfill- ment of this contract, on the part of the party of the first part, contracts to and agrees with the said Jolin Jones, to pay for said hay five dollars per ton, for each ton as soon as delivered.

In case of failure of agreement by either of the parties hereto, it is hereby stipulated and agreed that the party 80 failing shall pay to the other, one hundred dollars, as fixed and settled damages.

In witness whereof, we have hereunto set our hands the day and year first above written.

JOHN JONES, THOMAS WHITESIDE.

Agreement with Clerk for Services .- This agreement, made the first day of May, one thousand eight hundred and seventy-eight, between Reuben Stone, of Dubuque, county of Dubuque, State of Iowa, party of the first

210

ABSTRACT OF THE LAWS OF IOWA.

part, and George Barclay, of McGregor, county of Clayton, State of Iowa, party of the second part-

Witnesseth: That the said George Barclay agrees faithfully and diligently to work as clerk and salesman for the said Reuben Stone, for and during the space of one year from the date hereof, should both live such length of time, without absenting himself from his occupation; during which time he, the said Barclay, in the store of said Stone, of Dubuque, will carefully and honestly attend, doing and performing all duties as clerk and salesman aforesaid, in accordance and in all respects as directed and desired by the said Stone.

In consideration of which services, so to be rendered by the said Barclay, the said Stone agrees to pay to said Barclay the annual sum of one thousand dollars, payable in twelve equal monthly payments, each upon the last day of each month; provided that all dues for days of absence from business by said Barclay, shall be deducted from the sum otherwise by the agreement dne and payable by the said Stone to the said Barclay

Witness our hands.

REUBEN STONK. GEORGE BARCLAY.

BILLS OF SALE.

A bill of sale is a written agreement to another party, for a consideration to convey his right and interest in the personal property. The purchaser must take actual possession of the property, or the bill of sale must be ac. knowledged and recorded.

Common Form of Bill of Sale .- Know all men by this instrument, that I, Louis Clay, of Burlington, Iowa, of the first part, for and in consideration of five hundred and ten dollars, to me paid by John Floyd, of the same place, of the second part, the receipt whereof is hereby acknowledged, have sold, and by this instrument do convey unto the said Floyd, party of the second part, his executors, administrators and assigns, my undivided half of ten acres of corn, now growing on the farm of Thomas Tyrell, in the town above mentioned; one pair of horses, sixteen sheep, and five cows, belonging to me and in my possession at the farm aforesaid; to have and to hold the same unto the party of the second part, his executors and assigns forever. And I do, for myself and legal representatives, agree with the said party of the second part, and his legal representatatives, to warrant and defend the sale of the aforementioned property and chattels unto the said party of the second part, and his legal representatives, against all and any person whomsoever.

In witness whereof, I have hereunto affixed my hand, this tenth day of October, one thousand eight hundred and seventy-six.

LOUIS OLAY.

NOTICE TO QUIT.

To John Wontpay: You are hereby notified to quit the possession of the premises you now occupy, to-wit:

[ Insert Description.]

on or before thirty days from the date of this notice. Dated January 1, 1878.

Landlord.

[ Reversed for Notice to Landlord.]

811

ABSTRACT OF THE LAWS OF IOWA.

GENERAL FORM OF WILL FOR REAL AND PERSONAL PROPERTY.

arles Mansfield, of the town of Bellevue, county of Jackson, State of eing aware of the uncertainty of life, and in failing health, but of mind and memory, do make and declare this to be my last will and nt, in manner following, to-wit:

L. I give, devise and beqneath unto to my eldest son, Sydney H. ild, the sum of Two Thousand Dollars, of bank stock, now in the National Bank, of Cincinnati, Ohio, and the farm owned by myself, ownship of Iowa, consisting of one hundred and sixty acres, with all ses, tenements and improvements thereunto belonging; to have and unto my said son, his heirs and assigns forever.

id. I give, devise and bequeath to each of my two danghters, Anna Mansfield and Ida Clara Mansfield, each Two Thousand Dollars, in ock, in the Third National Bank of Cincinnati, Ohio; and also each rter section of land, owned by inyself, situated in the township of d, and recorded in my name in the recorder's office in the county uch land is located. The north one hundred and sixty acres of said tion is devised to my eldest daughter, Anna Louise.

Z. I give, devise and bequeatlı to my son, Frank Alfred Mansfield, res of railroad stook in the Baltimore & Ohio Railroad, and my one 1 and sixty acres of land, and saw-mill thereon, situated in Manistee, in, with all the improvements and appartenances thereunto belong- ich said real estate is recorded in my name, in the county where L

th. I give to my wife, Victoria Elizabeth Mansfield, all my house- rniture, goods, chattels and personal property, about my home, not disposed of, including Eight Thousand Dollars of bank stock in rd National Bank of Cincinnati, Ohio, fifteen shares in the Balti- Ohio Railroad, and the free and unrestricted use, possession and of the home farm so long as she may live, in lieu of dower, to he is entitled by law-said farm being my present place of residence. L. I bequeath to my invalid father, Elijah H. Mansfield, the income ents of my store building at 145 Jackson street, Chicago, Illinois, the term of his natural life. Said building and land therewith to o my said sons and daughters in equal proportion, upon the demise aid father.

. It is also my will and desire that, at the death of my wife, Vic- lizabeth Mansfield, or at any time when she may arrange to relin- er life interest in the above mentioned homestead, the same may re- my above named children, or to the lawful heirs of each.

lastly. I nominate and appoint as the executors of this, my last d testament, my wife, Victoria Elizabeth Mansfield, and my eldest ney H. Mansfield.

ther direct that my debts and necessary funeral expenses shall be om moneys now on deposit in the Savings Bank of Bellevue, the of such moneys to revert to my wife, Victoria Elizabeth Mansfield, nse forever.

tness whereof, I, Charles Mansfield, to this my last will and testa- ave hereunto set my hand and seal, this fourth day of April, eight- dred and seventy-two.

CHARLES MANSFIELD.

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ABSTRACT OF THE LAWS OF IOWA.

Signed, and declared by Charles Mansfield, as and for his last will and testament, in the presence of us, who, at his request, and in his presence, and in the presence of each other, have subscribed our names hereunto as witnesses thereof.

PETER A. SCHENCK, Dubuque, Iowa. FRANK E. DENT, Bellevue, Iowa.

CODIOIL.

WHEREAS I, Charles Mansfield, did, on the fourth day of April, one thousand eight hundred and seventy-two, make my last will and testament, I do now, by this writing, add this codocil to my said will, to be taken as a part thereof.

WHEREAS, by the dispensation of Providence, my daughter, Anna Louise, has deceased, November fifth, eighteen hundred and seventy-three; and whereas, a son has been born to me, which son is now christened Richard Albert Mansfield, I give and bequeath unto him my gold watch, and all right, interest and title in lands and bank stock and chattels bequeathed to my deceased daughter, Anna Louise, in the body of this will.

In witness whereof, I hereunto place my hand and seal, this tenth day of March, eighteen hundred and seventy-five.

CHARLES MANSFIELD.

Signed, sealed, published and .declared to us by the testator, Charles Mansfield, as and for a codicil to be annexed to his last will and testament. And we, at his request, and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto, at the date hereof. FRANK E. DENT, Bellevue, Iowa. JOHN O. SHAY, Bellevue, Iowa.

(Form No. 1.)

SATISFACTION OF MORTGAGE.

STATE OF IOWA, 88.

County,

I, -, of the county of -, State of Iowa, do hereby acknowledge that a certain Indenture of , bearing date the - day of -- , A. D. 18-, made and executed by and , his wife, to said the following described Real Estate, in the county of -, and State of Iowa, to-wit: (here insert description) and filed for record in the office of the Recorder of the county of --- , and State of Iowa, on the - day of A. D. 18-, at - o'clock . M .; and recorded in Book - of Mortgage Records, on page -, is redeemed, paid off, satisfied and dis- charged in full. [STAL.] STATE OF IOWA, 88. - County,

Be it Remembered, That on this - day of-, A. D. 18-, before me the undersigned, a -in and for said county, personally appeared -, to me personally known to be the identical person who executed the above (satisfaction of mortgage) as grantor, and acknowledged- signature thereto to be - voluntary act and deed.

Witness my hand and -- seal, the day and year last abore written.

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ABSTRACT OF THE LAWS OF IOWA.

ONE FORM OF REAL ESTATE MORTGAGE.

KNOW ALL MEN BY THESE PRESENTS: That - -, of - county, and te of -, in consideration of -dollars, in hand paid by - of - county, and State of -, do hereby sell and convey unto the said - the following described premises, situated in the county of -, and late of , to-wit: (here insert description) and - do hereby covenant ith the said . - that - lawfully seized of said premises, that they re free from incumbrance, that - have good right and lawful authority o sell and convey the same; and -- do hereby covenant to warrant and lefend the same against the lawful claims of all persons whomsoever. To De void upon condition that the said . -shall pay the full amount of principal and interest at the time therein specified, of - certain promis- tory note for the sum of - dollars.

One note for &- due-, 18-, with interest annually at - per cent.

One note for &- -, due- 18-, with interest annually at - per cent.

One note for - due -, 18,- with interest annually at - per cent.

One note for $- , due -- , 18-, with interest annually at - per cent.

And the said Mortgagee agrees to pay all taxes that may be levied upon the above described premises. It is also agreed by the Mortgagor that if it becomes necessary to foreclose this mortgage, a reasonable amount shall be allowed as an attorney's fee for foreclosing. And the said hereby relinquishes all her right of dower and homestead in and to the above de- scribed premisee.

Signed this - day of -, A. D. 18 -.

[Acknowledge as in Form No. 1.]

SECOND FORM OF REAL ESTATE MORTGAGE.

THIS INDENTURE, made and executed - by and between - of the county of - and State of -, part of the first part, and - of the county of - and State of -part of the second part, Witnesseth, that the said part of the first part, for and in consideration of the sum of dollars, paid by the said part of the second part, the receipt of which is hereby acknowledged, have granted and sold, and do by these presents, grant, bargain, sell, convey and confirm, unto the said party of the second part, - heirs and assigns forever, the certain tract or parcel of real estate, sit- nated in the county of - and State of -, described as follows, to-wit:

(Here insert description.)

The said part of the first part represent to and covenant with the part of the second part, that he have good right to sell and convey said prem- ises, that they are free from incumbrance, and that he will warrant and de- fend them against the lawful claims of all persons whomsoever, and do ex- pressly hereby release all rights of dower in and to said premises, and relin- quish and convey all rights of homestead therein.

This instrument is made, executed and delivered upon the following con- ditions, to-wit:

First. Said first part agree to pay said - or order

Second. Said first part further agree as is stipulated in said note, that

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ABSTRACT OF THE LAWS OF IOWA.

if he shall fail to pay any of said interest when due, it shall bear interest at the rate of ten per cent. per annum, from the time the same becomes due, and this mortgage shall stand security for the same.

Third. Said first part further agree that he will pay all taxes and assessments levied upon said real estate before the same become delinquent; and if not paid the holder of this mortgage may declare the whole sum of money herein secured due and collectable at once, or he may elect to pay such taxes or assessments, and be entitled to interest on the same at the rate of ten per cent. per annum, and this mortgage shall stand as security for the amount so paid.

Fourth. Said first part further agree that if he fail to pay any of said' money, either principal or interest, within - days after the same becomes due; or fail to conform or comply with any of the foregoing con- ditions or agreements, the whole sum herein secured shall become due and payable at once, and this mortgage may thereupon be foreclosed immedi- ately for the whole of said money, interest and costs.

Fifth. Said part further agree that in the event of the non-payment of either principal, interest or taxes when due, and upon the filing of a bill of foreclosure of this mortgage, an attorney's fee of - dollars shall be- come due and payable, and shall be by the court taxed, and this mortgage shall stand as security therefor, and the same shall be included in the de- cree of foreclosure, and shall be made by the sheriff on general or special execution with the other money, interest and costs, and the contract em- bodied in this mortgage and the note described herein, shall in all respects be governed, construed and adjudged by the laws of - -, where the same is made. The foregoing conditions being performed, this conveyance to be void, otherwise of full force and virtue.

[Acknowledge as in form No. 1.]

FORM OF LEASE.

THIS ARTICLE OF AGREEMENT, Made and entered into on this - day of , A. D. 187-, by and between- of the county of -, and State of Iowa, of the first part, and - , of the county of . and State of Iowa, of the second part, witnesseth that the said party of the first part has this day leased unto the party of the second part the following described premises, to-wit:

[Here insert description.]

for the term of from and after the - day of -, A. D. 187-, at the -- rent of - - dollars, to be paid as follows, to-wit :

[Here insert terms.]

And it is further agreed that if any rent shall be due and unpaid, or if default be made in any of the covenants herein contained, it shall then be lawful for the said party of the first part to re-enter said premises, or to destrain for such rent; or he may recover possession thereof, by action of forcible entry and detainer, notwithstanding the provision of Section 3619 of the Code of 1873; or he may use any or all of said remedies.

And the said party of the second part agrees to pay to the party of the first part the rent as above stated, except when said premises are untenable

215

ABSTRACT OF THE LAWS OF IOWA.

reason of fire, or from any other canse than the carelessness of the party f the second part, or persons - family, or in - employ, or by supe- ior force and inevitable necessity. And the said party of the second part avenants that - will use the said premises as a - , and for no other urposes whatever; and that - especially will not use said premises, or ermit the same to be used, for any unlawful business or purpose whatever; hat - will not sell, assign, underlet or relinquish said premises without be written consent of the lessor, under penalty of a forfeiture of all - ights under this lease, at the election of the party of the first part; and ist - will use all due care and diligence in guarding said property, with he buildings, gates, fences, etc., in as good repair as they now are, or may t any time be placed by the lessor, damages by superior force, inevitable ccessity, or fire from any other cause than from the carelessness of the mee, or persons of - family, or in -employ excepted; and at the rpiration of this lease, or upon a breach by said lessee of any of the said prenants herein contained, - will, without further notice of any kind, uit and surrender the possession and occupancy of said premises in as good ondition as reasonable use, natural wear and decay thereof will permit, dam- ges by fire as aforesaid, superior force, or inevitable necessity, only excepted. In witness whereof the said partics have subscribed their names on the ate first above written.

In presence of

FORM OF NOTE.

-, 18 -.

On or before the day of 18-, for value received, I promise to -- or order, -dollars, with intesest from date until paid, t ten per cent per annum, payable annually, at- - Unpaid interest hall bear interest at ten per cent per annum. On failure to pay interest rithin - days after due, the whole sum, principal and interest, shall be- omne due at once

CHATTEL MORTGAGE.

KNOW ALL MEN BY THESE PRESENTS: That - of- County, and Itate of-in consideration of-dollars, in hand paid by ", of- County and State of -- , do hereby sell and convey unto the said --- the allowing described personal property, now in the possession of-in the - county, and State of -, to-wit:

[Here insert Description.]

And-do hereby warrant the title of said property, and that it is free from ny incumbrance or lien. The only right or interest retained by grantor in nd to said property being the right of redemption as herein provided. This onveyance to be void upon condition that the said grantor shall pay to said rantee, or his assigns, the full amount of principal and interest at the time herein specified, of - certain promissory notes of even date herewith, for he sam of - dollars.

Due note for $-, due- -, 18-, with interest annually at -- per cent.

Due note for $-, due-, 18-, with interest annually at- -per cent. me note for $-, due-, 18-, with interest annually at-per cent. Joe note for &-, dne-, 18-, with interest annually at-per cent.

216

ABSTRACT OF THE LAWS OF IOWA.

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 appartenances thereto belonging, against the lawful claims of all persons whomsoever; and the said- hereby relinquisbes 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.] .

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 ac- knowledge, 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 fol- lowing described premises, to-wit: [here insert description] with all and singular the hereditaments and appartenances thereto belonging.

Signed this - day of -- , A. D. 18 -.

SIGNED IN PRESENCE OF

[Acknowledged as in Form No. 1.]

817

ASSTRAOT OF THE LAWS OF IOWA.

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 - promissory note of even date herewith, for the sum of Dollars.

One note for &- -, dne 18-, with interest annually at - per cent.

One note for $ --- -, dne - ,18-, with interest annually at - per cent.

One noto for $ --- , due 18-, with interest annually at - per cent.

And pay all taxes accruing upon the lands herein described, then said obli- gor shall convey to the said obligee, or his assigns, that certain tract or par- cel of real estate, situated in the County of -, and State of Iowa, des- cribed as follows, 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 possession 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.

[Acknowledged as in form No. 1.]

GAME LAWS.

By the laws of Iowa, as amended by the Legislature of 1878, it is unlaw. ful to do any of the following acts:

BIRDS AND QUADRUPEDS.

1. To kill, trap, ensnare, or in any manner destroy any of the birds of the State, except birds of prey and game birds, during the open seasons as provided by law; or to destroy the eggs of such birds as are protected by this section-except that persons killing birds for scientific purposes, or preservation in museums and cabinets, are not liable under this section. Penalty, 85 to $25.

2. To shoot or kill any prairie chicken from Dec. 1 to Aug. 15, woodcock from Jan. 1 to July 10, pheasant, wild turkey or quail from Jan. 1 to Oct. 1, wild duck, goose or brant from May 1 to Ang. 15, deer or elk from Jan. 1 to Sept. 1, beaver, mink, otter or muskrat from April 1 to November. Penalty, deer or elk, $25; the others, $10.

3. To take or attempt to take at any time with trap, net or snare any "- or animal mentioned in Sec. 2, or to willfully destroy the eggs or nests birds. Except that beaver, mink, otter or muskrat may be trapped

818

ABSTRACT OF THE LAWS OF IOWA.

or snared during the open season, or at any time for the protection of pri- vate property. Penalty the same as in section 2.

4. To shoot or kill any wild duck, goose or brant with any kind of gun, except such as is commonly shot from the shoulder, or to use medicated or poisoned food to capture or kill any of the birds mentioned in section 2. Penalty, $25, and thirty days in jail unless sooner paid.

5. To shoot or kill for traffic any prairie chicken, snipe, woodcock, quail or pheasant at any time; for one person to kill during one day more than 25 of either kind of said birds; to ship or take out of the State any bird mentioned in section 2, deer or elk; to buy, sell, or have in possession any such bird, deer or elk during the close season, except the first five days. Pen- alty, deer or elk, $25; others, 810.

6. For any person, firm, or corporation to have in possession, at one time, more than twenty-five of either prairie chicken, snipe, woodcock, quail or pheasant, unless lawfully received for transportation; to ship to any per- son in the State in one day more than one dozen of the birds mentioned in section 2; and in case of shipment an affidavit must be made that the birds have not been unlawfully killed, bought, sold, or had in possession, and are not shipped for sale or profit, and giving name and address of consignee and number of birds shipped, and a copy of the affidavit shall accompany the birds, etc. Penalty, same as in section 2. The making of a false affi- davit is perjury.

7. For any common carrier, its agent or servant, to knowingly receive for transportation any bird or animal mentioned in section two, during the close season (except the first five days), or at any other time, except in the manner provided by law. Penalty, 8100 to $300, or 30 days in jail, or both.

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The History of Marion County, Iowa: Containing a History of the County, Its Cities, Towns, & C., Part 27

Author: Union Historical Company Publication date: 1881 Publisher: Des Moines : Union Historical Company Number of Pages: 915

Author: Union Historical Company
Publication date: 1881
Publisher: Des Moines : Union Historical Company
Number of Pages: 915