USA > Iowa > Poweshiek County > The History of Poweshiek County, Iowa : containing a history of the County, its cities, towns, &c.,. > Part 43
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359
HISTORY OF POWESHIEK COUNTY.
deeds, etc. The character of the penmanship, as a rule, is good, but the spelling, for which the recorder is in no way responsible, is simply ridicu- lous. Bills of sale, mortgages and deeds, were, in early times, usually drawn up by justices of the peace who, while they were men of good judg- ment, of unimpeachable integrity, were frequently unlearned and unlet- tered men, as these records will attest; in this respect, if in no other, the present generation of magistrates is a decided improvement on the previous one. The fact must not be lost sight of, however, that these men were hardy backwoodsmen, whose continual struggle for a livelihood precluded the possibility of devoting any time to self-culture. In reproducing some of these first records, it is not with a view to ridicule those brave, busy pioneers of justice, but to satisfy a curiosity to behold what is novel and ancient.
In the chapter on the Organization of the County, we shall give some extracts from the early court records, and in speaking of the finances of the county, past and present, the original tax list will be reproduced. At this place we give some extracts from the first probate, marriage and real estate records.
FIRST PROBATE RECORDS.
"At a Probate Court begun and held on Monday the 26th day of March, A. D. 1849, present, Isaac G. Dement, Judge.
"And now at this day came Margaret Maneer, widow and relict of Joel Maneer, late of Poweshiek county, Iowa, deceased, and filed her relinquish- ment of right to administer on the estate of her deceased husband.
"Thereupon it is ordered by the court that Alfred Reynolds, of said county, be appointed administrator of all and singular the goods, chattels, moneys and effects of Joel Maneer, late of said county, deceased; and that he enter into bond, with sufficient security, in the sum of eight hundred dollars, for the faithful performance of the trust reposed in him. And it is further ordered that William H. Barnes, Richard B. Ogden, and Richard Cheese- man, be appointed appraisers of all and singular the goods, chattels, rights, credits and moneys and effects of said Joel Maneer, deceased.
"And also that letters of administration be granted to the said Alfred Reynolds on said estate, which are in the words and figures following, to- wit:
" STATE OF IOWA,
" POWESHIEK COUNTY.
"To all whom these presents shall come, greeting:
" Whereas, at a Probate Court begun and held on Monday, the 26th day 23
360
HISTORY OF POWESHIEK COUNTY.
of March, A. D. 1849, it was represented that Joel Maneer, late of said county, departed this life on or about - day of -, A. D. 1849; and also that he died intestate, having while living, and at the time of his death, goods and chattels within this county, by means whereof adminis- tration is necessary, in order that the same may be preserved and subject to the order of said Probate Court, do hereby appoint Alfred Reynolds, of said county, administrator of all and singular the goods and chattels, moneys and effects, of the said Joel Maneer, deceased. And the court charge' him that he return into said court a true and perfect inventory of the goods and chattels, moneys and effects, of the said Joel Maneer, within three months from the date hereof, so far as the same may come to his knowledge or pos- session. And that he give notice of his appointment as such administrator by posting up two notices within the county, and make report of the same, together with a copy of such notice, unto said Probate Court within three months. And also that he administer all and singular the said goods and chattels, moneys and credits of said deceased, agreeable to the order of the said Probate Court, therein made, and to render a true account of his act- ings and doings in the premises, under oath, within one year, and at such other times as said Probate Court may require.
" Witness Isaac G. Dement, Probate Judge of said county, this 26th day of March, A. D. 1849.
" ISAAC G. DEMENT, "Probate Judge P. Co."
The next probate record relates to the property of John J. Talbott, who, as before mentioned, entered the first land in the county, and was one of the first settlers on Bear Creek. The record goes on to state that on the 24th day of July, A. D. 1849, came Joshua C. Talbott and represented to said court that, on or about the 20th day of February, 1849, John J. Tal- bott departed this life. Joshua C. Talbott was appointed administrator, and his bond fixed at two thousand dollars. William Harklerode, William Scott and Thomas Fry were appointed appraisers. The administrator's bondsmen were Robert Talbott and John Manatt.
On the 2d day of October the administrator returned into court an inventory of the personal property, amounting in all to the sum of two hundred and forty-two dollars.
February 22, 1850, a citation was issued to the Sheriff requiring him to summon Joshua C. Talbott to appear before the Judge of Probate and show cause why he should not be removed from the office of administrator, for failure to return an inventory of the real estate of the deceased.
361
HISTORY OF POWESHIEK COUNTY.
On the 9th of March, 1850, Joshua C. Talbott appeared and filed the inventory as required.
The next probate record is dated October 21, 1850. Isaac G. Dement's term of office had, it appears, expired, and his successor was John Cassidy. His first act was the appointment of Richard B. Ogden administrator of the estate of James Binegar, deceased. The administrator was required to enter into bonds in the sum of eight hundred dollars. Richard Cheeseman, Peter Morgan and John McVey were appointed appraisers, and the inven- tory returned amounted to the sum of two hundred and twenty-nine dollars and fifty cents.
On the 11th day of November, 1851, James B. Johnson was appointed guardian of Nancy Ellen Johnson, a minor, and he was required to enter into bonds in the sum of fourteen hundred dollars. This seems to have been the first probate business done by Richard B. Ogden, County Judge, the office of Probate Judge having been abolished, and also the office of County Commissioner, the duties of both having been united in the office of County Judge.
The first proof of will was made before County Judge R. B. Ogden, on. the 22d day of November, 1852; it was the last will and testament of John James. Caroline America James was named in the will as sole executor, and it appearing that she was unable to discharge the duties of executrix, John McIntire was appointed executor.
THE FIRST MARRIAGE RECORD.
This record begins with October, 1848. There were doubtless many marriages in the county prior to that time, but Poweshiek county not hav- ing been organized till 1848, the license record was kept in Mahaska county, to which Poweshiek was originally attached for judicial and revenue purposes.
We give the record till the close of 1852:
John Moore to Amelia P. Woodward; married October 12, 1848, by Rev. James F. New.
John E. McDonald to Lucy Ellen McDonald; married November 30, 1848, by Rev. Wm. H. Barnes.
William H. Palmer to Nancy Taylor; married September 20, 1849, by Rev. William H. Barnes.
William H. Wallace to Rosan Talbott; married May 9, 1850, by Rev. Asbury Collins.
William R. Cassidy to Jane Newsom; married March 28, 1850, by Rev. S. Brooks.
362
HISTORY OF POWESHIEK COUNTY.
Lewis Hiatt to Lydia Ann Jaquett; married September 13, 1850, by Elias J. Williams, J. P.
Stephen Glandon to Elizabeth J. Rundle; married May 1, 1850, by Rev. Martin Ballard.
Washington B. Harden to Elizabeth Martin; married July 10, 1851, by Rev. James B. Johnson.
Theophilus Strong to Anna M. Stout; married August 10, 1851, by Wil- liam C. Johnson, J. P.
John M. Bryan to Lucy Jane Smith; married September 18, 1851, by William C. Johnson, J. P.
Andrew Haffin to Elizabeth Bird; married October 3, 1851, by Joseph Robertson, J. P.
Thomas Farquher to Ruth Isabelle Talbott; married October 2, 1851, by John M. Talbott, J. P.
James A. McIntire to Martha Catharine Wilson; married October 16, 1851, by Rev. Wesley R. Blake.
Charles Russell to Mary Casteel; married December 30, 1851, by Joseph Robertson, J. P.
James Manatt to Lovina Snook; married March 4, 1852, by Joshua Scholes, J. P.
Thomas Bone to Rachel Beasan; married March 25, 1852, by Rev. Wes- ley R. Blake.
James W. Wilson to Elvira Wilson; married April 3, 1852, by Richard B. Ogden, County Judge.
Orin Crossman to Mary Elizabeth Taylor; married June 10, 1852, by R. B. Ogden, County Judge.
Joshua Roberts to Sarah Ann Landlin; married June 24, 1853, by R. B. Ogden, County Judge.
William H. Moore to Eliza Ann Wright; married July 11, 1852, by Joseph Robertson, J. P. .
Franklin Waters to Mary Elizabeth Lattimer; married August 8, 1852, by Rev. James B. Johnson.
Charles Wheeler to Maria Fry; married July 8, 1852, by John M. Tal- bott, J. P.
George W. Bennett to Elizabeth Fish; married August 12, 1852, by R. B. Ogden, County Judge.
Sephronius Johnson to Emeline N. Rankin; married May 13, 1852, by Rev. William H. Barnes.
David McDonald to Mary Ann Carpenter; married November 5, 1852, by Richard B. Ogden, County Judge.
363
HISTORY OF POWESHIEK COUNTY.
The old marriage record concludes with the year 1865, up to which time there were five hundred and fifty-three marriages in the county.
REAL ESTATE RECORDS.
The plat of the town site of Montezuma occupies the first page on the real estate record. The plat is certified by Mahlon Woodward, County Surveyor, through Silas Sawyer, his deputy. The acknowledgment was before Stephen Moore, Clerk of the District Court, and signed by Jacob Yearger, Martin Snyder, R. B. Ogden, County Commissioners. The date of the instrument is July 22, 1848.
The original real estate records are still in existence, but are in a very dilapidated condition. Copies of them were made years ago, and these are in good condition, the records having been transcribed into durable books of modern pattern. The first warranty deed is from Richard Ogden and his wife, Rachel, to Elias J. Williams, and is as follows:
"This indenture made this eleventh day of October, in the year of our Lord one thousand eight hundred and forty-eight, between Richard B. Og- den and Rachel Ogden, his wife, of the county of Poweshiek, and State of Iowa, of the first part, and Elias J. Williams, of the county and State aforesaid, of the other part, witnesseth: that the said R. B. Ogden and Rachel, his wife, for and in consideration of the sum of one hundred and fifty dollars, to them in hand paid, the receipt whereof is hereby acknowl- edged, do hereby grant, bargain, sell and convey, and confirm with the said E. J. Williams, his heirs and assigns forever, all that part and parcel of land situated and laying in the county of Poweshiek, State of Iowa, described as follows, to-wit: Being the south sixty acres of the east half of the south- east quarter of section twenty (20), of range fifteen (15), in township sev- enty-eight (78), together with all and singular the appurtenances therewith belonging or in anywise appertaining, to have and to hold the above de- scribed premises unto the said E. J. Williams, his heirs and assigns for- ever. And the said R. B. Ogden and Rachel, his wife, the aforesaid, prem- ises unto the said E. J. Williams, his heirs and assigns, against the claim or claims of all and every persons, whomsoever, do and will warrant and forever defend by these presents.
"In witness whereof, the said R. B. Ogden and Rachel, his wife, of the first part, have hereunto set their hands and seals the day and year above written. In presence of Stephen Moore.
" RICHARD B. OGDEN.
" RACHEL OGDEN."
Acknowledged before Stephen Moore, Clerk District Court.
364
HISTORY OF POWESHIEK COUNTY.
The first quitclaim deed is from Andrew J. Wilson, Julian H. Johnson, John L. Bryan, Eliza Johnson, Arzilla Wilson and Eliza Ann Bryan to Jacob S. Dolby. The case was somewhat different in Poweshiek county from that in many other counties of the State, whereas in many counties the counties were organized before the lands were all surveyed and before any land was entered, and many claims were disposed of by quitclaim deeds before the land was entered; in this county there seems to have been no record of claims disposed of after the organization of the county until the land was entered.
The following is a copy of the first quitclaim deed on record:
"Know all men by these presents: That we, Andrew J. Wilson, Julian H. Johnson, John L. Bryan, Eliza Johnson, Arzilla Wilson, Eliza Ann Bryan, of the county of Mahaska, and State of Iowa, for and in considera- tion of the sum of fifty dollars in hand paid by Jacob S. Dolby, of the county and State aforesaid, do by these presents remise, release and forever quit- claim unto the said Jacob S. Dolby, his heirs and assigns, all of our right, title, claim and right in and to the following described tract or parcel of land, to-wit: The northeast quarter of the southwest quarter of section fourteen, township seventy-eight, range fifteen, and the northeast fractional quarter of the northwest quarter of section six, township seventy-eight, range fourteen, lying in Poweshiek county, and State aforesaid, with all the appurtenances thereunto belonging to the same.
" In testimony whereof, we have hereunto set our hands and seals this second day of March, A. D. eighteen hundred and fifty.
" ANDREW J. WILSON. Her " ARZILLA X WILSON. Mark. " JULIAN H. JOHNSON. Her " ELIZA X JOHNSON. Mark. " JOHN S. BRYAN. " ELIZA A. BRYAN.
" In presence of:
" EMILY S. WATKINS.
" SAM'L COFFIN. "
The mortgage, that formidable condensing instrument, so much used in later times, does not seem to have been early employed in this county. The first use of this instrument was in 1854, and is as follows:
"This indenture made and concluded this 14th day of March, one thous- and, eight hundred and forty-nine, between Jesse Soey and Mary Soey, his wife, of the county of Poweshiek, and State of Iowa, of the first part, and John White, of the county of Mahaska, and State aforesaid, of the second
365
HISTORY OF POWESHIEK COUNTY.
part, witnesseth: That the said party of the first part, for and in consider- ation of the sum of two hundred and fifty-two dollars, to them in hand paid by the said party of the second part, the receipt whereof they do hereby acknowledge, and forever acquit and discharge the said John White, his heirs and assigns, forever, have granted, bargained and sold, and by these presents doth grant, bargain, and sell, unto the said John White, his heirs and assigns, forever, all that certain tract or parcel of land situated, lying and being in the county of Poweshiek, and State of Iowa, and de- scribed as follows, to-wit: the northwest quarter of section seven, in town- ship seventy-eight north, of range fourteen (14) west, containing one hun- dred and sixty acres, more or less, together with all and singular the ap- purtenances thereunto belonging, and in anywise appertaining thereunto, to have and to hold the above described premises, with every of the ap- purtenances unto the said John White, his heirs, executors and adminis- trators, and the said Jesse Soey and Mary Soey, his wife, for themselves, there heirs, executors and administrators, do covenant to and with the said John White, his heirs and assigns, that they are lawful seized and have full right to convey the above said premises, and that they will forever warrant and defend the said from the claim or claims of them, the said party of the first part, and all and every other person claiming under them or otherwise.
"Provided, always, that these presents are upon this express condition that if the said Jesse Soey shall well and trewly pay or caws to be paid to the said John White, or his order, three certain notes by said Soey given to said White, bearing date the first day of February, A. D. 1849, for the sum of two hundred and fifty dollars, and payable as folloues: One the first day of February, 1850, for twelve dollars; and one the first day of February, 1851, for twenty dollars; and one on the first day of February, 1852, for two hundred and twenty dollars; that then and from thenceforth these presents and everything herein contained shall cease and be null and void, everything herein contained to the contrary notwithstanding, but otherwise to be and remain in full force and effect in law and equity.
" In testimony whereof, the said party of the first part have hereunto sub- scribed their names and affixt their seals, this day and yeare first herein witten.
" JESSE SOEY. Her " MARY X SOEY." mark.
Signed and sealed in presence of William H. Moore.
This mortgage was canceled November 19th, 1851.
366
HISTORY OF POWESHIEK COUNTY.
The first boy bound out till the time of his maturity appears from the record to have been William Collers. The indenture reads as follows:
"This indenture, made this 21st day of April, A. D. 1849, between John McDowell and Peter L. Pearce, two justices of the peace, in and for the county of Poweshiek, and State of Iowa, of the first part, and Thomas Rigdon, of the county and State aforesaid, of the second part, witnesseth: that the said justices as aforesaid hath this day bound unto the said Rigdon William Collers, a poor boy, aged nine years and two months, and the said justices, as aforesaid, covenant with the said Rigdon, that the said William Collers shall serve the said Rigdon in the art of husbandry and farming until he shall arrive at the age of twenty-one years, and the said Rigdon, on his part, agrees to furnish his said apprentice all necessary food and clothing for the time of and during his said apprenticeship, and in- struct him, the said apprentice, in the art of farming and husbandry and to give him, the said William Collers, six months schooling against he ar- rives at the age of fourteen years, and twelve months schooling between that age and twenty-one years, and at the expiration of his time of service said Rigdon agrees to give his said apprentice one good suit of common clothes and one suit of fine or dress clothes, and a horse, saddle and bridle of the value of eighty dollars; said horse not to exceed seven years old; and the said Rigdon binds himself to his said apprentice in the sum of five hundred dollars for the faithful performance of the foregoing stipulation on his part.
" Witness our hands the day and year first herein written.
"JOHN MCDOWELL, J. P. " PETER S. PEARCE, J. P.
" THOS. RIGDON."
GROWTH OF THE COUNTY.
The official act of the State Legislature, authorizing the organization of Poweshiek county, was approved January 24, 1848. The first settlement was made in the fall of 1843. It will appear, therefore, that the county was not organized till some five years after the first settlement. The Indians had left, but the whites had not yet appeared in sufficient numbers to warrant the trouble and expense of a separate organization; as a pre- cinct of Mahaska county, it was destined to pass these five years of de- pendence. Notwithstanding the county was passing these years of de- pendence, it was slowly and surely laying the foundation for future independence.
367
HISTORY OF POWESHIEK COUNTY.
During these years the county was in an undefined state of existence. In one sense it was a county and in another it was not-so that there was a region of territory, described as Poweshiek county, in the then organized Territory of Iowa as early as 1843 and 1844. There was no county organ- ization proper, no county government, and for some time not very many people. Month after month it gained in population, but in other respects it continued to be a province of Mahaska county till 1848.
The work of organization properly begun with the State Legislature and was perfected, or rather it was carried into effect, at the organizing election, which was held in accordance with the act of the Legislature; at said elec- tion the various county officers were elected and the machinery which the Legislature prepared was set in motion.
Thus the early settlers were for a time in a peculiar situation. They dwelt in, but were not properly citizens of Poweshiek county, since there were no county courts, or other authority to control their actions, and they were still in these respects under the discipline of another county.
For judicial and other purposes the county was still a part of another county, and so continued until its formal organization was completed. It does not appear that there was much call for the exercise of this authority, or that the loose and ill-defined county government produced any bad effects. "The laws are for those who need them," and the early settlers dwelt together in harmony that did not call for the interference of sheriff and judge. This is a somewhat remarkable feature of the county and contrasts with the experiences of other portions of the West.
The history of Poweshiek county during its years of dependence upon Mahaska county was the same as the early history of other and neighbor- ing counties; thus, Mahaska county for some time was attached to Wash- ington; Washington, in its time, had been attached to Louisa, and Louisa had formerly been dependent on Des Moines. So, in later years, Dallas county, Boone county and the whole region of country north and west were attached to Polk county for judicial and revenue purposes until the time should arrive when these young counties should have so far grown as to be able to support a separate municipal organization.
Poweshiek county seems to have prospered well during this period of loose, half-formed organization. The settlers were too busy with their own affairs to intermeddle with those of others, and so had little occasion to call for the authority of the law. But it was soon apparent that the business affairs of the community called for a county organization. Roads should be laid out, a county seat located and other preparations made for a pros- perous and thriving future. So, in 1848, the county was formally organ-
368
HISTORY OF POWESHIEK COUNTY.
ized in the manner spoken of more fully under the head of county organi- zation.
The people of the county, at the time of its organization, were mostly native-born Americans, with a healthful intermingling of thrifty and in- dustrious emigrants from Germany, Ireland and Sweden, and from that time to the present the population has been mostly of that character. The county filled up steadily and rapidly. Nearly always the new-comers were poor in purse. Few men of means came to Poweshiek county in the early days. But, although they came almost without exception poor in pocket, they brought with them industry, economy and intelligence, so that, in the course of years, wealth has been the result. The growth of the county has never been slackened or come to a stand-still, except for a very short. time, but continued steadily, year by year. The brunt of the pioneer battle was borne by the very early settlers, for within a few years the great hard- ships of pioneer life had disappeared, and the people lived in comfort.
In 1849, the year following its organization, the county had a population of 443, and the State at that time had a population of 97,588. In 1850 there were 615; in 1852 there were 915; in 1854 there were 1,953; in 1856 there were 4,460; in 1859 there were 5,338. It will be seen that the most perceptible increase was during the years of 1854 and 1855, and the three years following. From the year 1849 to 1859, the first decade of the county's history, there was an increase of a thousand per cent, or some where near that ratio of increase. The population of the county up to the present time, given at stated intervals, was as follows: 1860, 5,668; 1863, 6,370; 1865, 7,796; 1867, 9,888; 1869, 12,936; 1879, 15,581; 1873, 15,- 275; 1875, 16,482; 1880, 18,404. It will be seen that the period between 1870 and 1873 there was a decrease in population of 306; this period fur- nishes the only exception to the law of rapid and continuous growth.
The population of the county by townships, as just returned by the cen- sus enumerator, is as follows:
Jefferson
938
Madison 805
Sheridan
726
Chester
623
Grinnell .
3,302
Malcom
1,073
Bear Creek
1,999
Warren
1,073
Lincoln
888
Scott
822
369
HISTORY OF POWESHIEK COUNTY.
Pleasant
706
Washington
802
Sugar Creek
1,168
Union
790
Jackson
2,080
Deep River
1,009
Total
18,804
By comparison with the State census of five years ago we find that dur- ing that time the population of the county increased from 16,482 to 18,- 804, amounting to a difference of 2,322, or more than ten per cent. We herewith give the increase by townships, which is as follows:
TOWNSHIPS.
INCREASE. DECREASE
Jefferson
102
Madison
32
Sheridan
47
Chester
100
Grinnell
939
Malcom
2
Bear Creek
220
Warren
19
Lincoln
77
Scott
189
Pleasant
11
Washington
62
Sugar Creek
98
Union
5
Jackson
571
Deep River
46
Total
2,421 99
It will be seen from the foregoing that the greatest increase was in Grin- nell township and the greatest decrease in Deep River township.
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