USA > Iowa > Appanoose County > The history of Appanoose County, Iowa, containing a history of the county, its cities, towns, &c., a biographical directory of citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men > Part 35
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One note for $- -, due- -, 18-, with interest annually at - per cent.
One note for $- -, duc- -, 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 thercof, 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 leaving 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.
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 liqnors 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 vinons 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 cach 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 da 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
Acres
Acres
Spring Wheat.
Winter Wheat.
Indian Corn.
Oats.
Value of
COUNTIES.
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
Land.
Land.
vation
Bushels
Bushels
Bushels
in
in 1874.
Acres.
Harv't'd
Acres.
Harv't'd
Acres.
Harv't'd
Acres.
Bushels
Harv't d
Dollars.
Appanoose ...
Alamakee.
161059
134767
161083
156821
125188
9606
109388
1049
10838
64871
2385243
Audubon
21146
61880
77789
937639
1964
24325
905920
13:56
89235
181
1:2776
387346
$1611937
23819
15986
442829
10
1415769
6876
97
33233
Adamıs.
65459
13735
51353
83182
66265
17947
281376
9225
394655
788
7
174
25174
969777
184153
Adair
3951
Buena Vista .
55680
27550
135014
3500
30860
1402428
141293
695318
4155
159739
828171
Benton.
33118
37034
297318
2010
162737
7888
228231
1343666
2791
61069
53911
239408
1551-1
9910G
207828
Boone.
156987
71810
108612
7
280
83244
3328921
445070
149498
32505
124877
429237
11
84
46151
1595752
15490
404620
2664995
Butler.
58908
10401
1018453
Bremer
145967
57907
179167
20
700
38685
12:0818
13827
421719
Black Hawk
213025
47001
104810|
48878
644795
28:54
1026641
181256
56592
1939590
14259
518571
1209785
1144620
Buchanan
89361
19056
150881
71418
157210
64291
1108021
812342
18831
1811250
16804
538196
556209
1898424
Clay.
37059
39919
33375
28974
17481
153159
8797
180120
17131
2615949
Cherokee .
54638
4486
Cass.
110864
45304
45112
31693
92785
40150+
676209
9459
40582
315215
98766
123343
3545
Crawford
58058
283414
40123
1901062
115595
9079
176281
35019
1284899
Cedar
248869
15262
166485
21000
321894
618658
2902
Cerro Gordo.
41.117
40167
640544
17957
99158
483357
52930
26
295
78224
2845921
20243
Clayton
309895
48618
675837
2606149
212291
28199
293855
151908
173622
86883
415463
1305125
9512
265443
1:47
21030
31918
1471263
7199
228097
20121
591617
Clinton
57337
1010345
89297
669895
2081793
Chickasaw
96504
94772
74104
68683
40162
643519
12
428
3061338
53065
63
514279
23704
702059
446300
8049019
3
Carroll
Clarke ..
309744
16821
39159
26756
11741
894656
3
20
93694
50487
78803
340161
16014
550041
3238
107577
451365
Calhoun.
26996
26618
17968
7
116003
131597
11040
217090
55
39066
1580260
367643
7051987
10
351120
12337
103631
Davis.
150038
30993
150
10656
62127
2115569
2993
73182
5378
53.9
56405
221613
Decatur
Dubuque.
115751
95275
1763140
13643
345707
87172
8211
1608090
187831
71169
Des Moines.
143665
98561
146244
817
12239
50184
10555
344551
1024541
Delaware
472029
58165
631135
84
67118
62305
97618
49210
1120
8688
117310
102924
1702391
10G15
113396
2307938
25115
643322
9212
1636132
Dickinson.
161357
287392
60401
71728
50
56150
1690335
20577
632113
1772992
15770
Dallas
132135
29850
57765
11961
114625
5701
25822
5
44455
Emmet
9989
445848
3183
2403
3.282
1693314
29256
25586
8387
3911
1510
?
186
57652
2484898
9937
335124
45334
147098
2197
14273
1502047
Floyd
1519
3241
15241
Fayette.
179501
32130
110708
133758
62067
941439
26462
642148
98156
15461
487729
69359
43 46
65590
60779
31096
863670
455909
46
968
37091
1296480
20770
1367377
Franklin
Fremont
115907
103039
21066
704407
198832
13229
758983
9532
328679
1503127
Grundy
146039
135108
206901
47926
67384
976657
841
16625
73845
1703985
777106
5419
59010
49838
52323
257700
40175
1482582
179645
1016066
19391
783027
11786
401918
1593977
Green
Guthrie
87259
47220
2
76892
27489
393514
22
44
783037
4227
Hardin
128831
39930
97765
497251
$60
38902
1669134
120948
620905
41304
1379961
4145
153505
792461
Humboldt
29114
Howard
115923
36906
27013
38464
10982
12016
20902
356915
1066627
171018
61871
36115
9998
297381
8974
90944
200001
Harrison
91818
337451
72287
23918
582803
1200
9916
307912
10210
3402C8
143701
734409
Hancock
10162
341615
9005
81
44720
3462
69140
786677
Hamilton
39935
70006
1620192
2067
57899
1:53
Henry.
63966
4889
182080
50249
52050
20676
294682
110831
180220
9041
113203
20441
670:31
48816
89105
2415670
5108
168262
52762
Ida .
7292
15026
9494
3108
62672
13393
358221
1765670
Iowa
191011
89357
6514
48815
48410
6:02-17
2301
108465
455
159 188
14000
7482211
Jackson
193230
142401
36
1080
€2518
2713830
241021
142101
43515
550000
3190:1
·491
2005049
193019
7942
11756
Johnson
53962
23652
Jasper
278881
71257
210949
45306
666.79
100
1107170
1274
77142
1665518
3159178
521156
1750091
179752
4525959
17700
522197
2447875
208907
140684
100217
15267
2916838
Jones ..
63298
79926
36090
532239
167389
31
Jefferson.
208125
66979
125590
462478
409
65423
1909534
18200
464821
1696416
16237
164904
Keokuk
98999
368528
6192
66739
55061
1695510
11005
446128
1530140
Kossuth.
31550
149672
29835
33278
148
1363
75697
3327282
447603
10798
13139
15582
1919728
48793
Lee
183832
78692
1-10
108952
59757
133580
10351
72621
15400
200407
9781
119777
2190306
5113
27857
105306
Lucas.
88857
13954
153587
59463
31
47022
1902530
11817
279009
342164
1631518
Lyon
15872
318811
12766
8132
26:12
339
12065
281118
62649
54
10396
3477
13:89
1030554
Linn
2645
32651
Louisa ..
151007
115655
52178
12
52922
656597
160
3439923
22610
Mitchell.
10006G
19764
189929
1388
91133
16267
91773
585648
2590052
126384
49642
6792
175755
1665739
Mahaska
232398
70176
2184658
122190
65534
1083811
150368
31962
395532
205
2697
11274
411961
542062
Marion.
199669
82779
83775
3768209
14078
1664G
496248
1591878
2195785
Mills
111512
53604
153214
99837
45136
529663
2212
312961
189
84630
3835063
10937
305746
2181346
Madison
32
161998
183709
24385
6528
Monroe
102215
137979
37553
628314
543
595 13
1533976
69494
232€39
1003509
25
2953630
78206
91:30
484
8743
285103
1709030
Marshall
223735
11638
47552
Monona.
52212
117303
101413
263
5594
45575
241081
938362
398 14
69393
15031
1125382
21
200
67699
1738916
2808256
11512
818338
18611
2304
465245
2368278
50278
Muscatine.
178945
183811
21577
66475
417665
Montgomery.
104633
48832
129699
50607
86026
32375
416171
63
629
54760
1715973
13287
405562
1747906
O'Brien
33626
32070
26131
1381
551539
166
89251
1441467
106052
5322
201035
1072127
Osceola.
18190
31406
14904
157526
6379
3107
53931
14651
191542
207689
56S41
8,69
74737
2510
17279
1390
20829
69581
Polk
140150
376S6
Pochahontas.
21928
35572
563339
124030
19219
7431
30771
21
394
77497
3272010
12188
431841
Pottawattomic
419489
229 263
40194
2140023
90619
8931
2511
112666
Powesheik
208989
48697
171588
33069
588011
63
475
1750038
168081
1252629
Page
Plymouth.
156,82
175471
57312
47258
5278
115191
22659
762326
20235
85748
3571105
11416
58233
51912
1220
71386
2239013
333565
41379
355792
9758
34050.
2393022
1293163
Palo Alto.
83628
442:06
10
4161
434128
185517
32225
10097
175778
Ringgold.
18400
58329
16679
160
66 11
142357
2979
120137
50373
860G
10026
23208
325
1145937
4(859
96616
9118
Scott
235515
19123
78851
125
1762
35613
Story
148649
43374
185712
99387
47698
26053
762315
40
618
59071
2226316
255007
15915
528868
1115182
Shelby
343265
3041873
53180
39326
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