USA > Iowa > Cedar County > The history of Cedar County, Iowa : containing a history of the county, its cities, towns, &c. : a biographical directory of its citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men > Part 33
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- County, SS.
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 - on 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 -,
295
ABSTRACT OF IOWA STATE LAWS.
A. D. 18-, at - o'clock . M .; and recorded in Book - of Mortgage Records, on page -, is redeemed, paid off, satisfied and discharged in full. [SEAL.] STATE OF IOWA, County, ss.
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 above written.
-.
ONE FORM OF REAL ESTATE MORTGAGE.
KNOW ALL MEN BY THESE PRESENTS : That - , of - County, and State 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 , and State of , to wit : (here insert description,) and - do hereby covenant with the said that - - lawfully seized of said premises, that they are free from incumbrance, that - have good right and lawful authority to sell and convey the same ; and - do hereby covenant to warrant and defend the same against the lawful claims of all persons whomsoever. To be void upon condition that the said shall pay the full amount of principal and interest at the time therein specified, of certain promissory 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 Mortgagor 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 described premises.
Signed to - day of -, A. D. 18 -.
[Acknowledge as in Form No. 1.]
SECOND FORM OF REAL ESTATE MORTGAGE.
THIS INDENTURE, made and cxecuted - by and between - of the county of - and State of -, part of the first part, and of the county of - -- and State of - party 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 party 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
296
ABSTRACT OF IOWA STATE LAWS.
assigns forever, the certain traet or pareel of real estate situated 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 premises, that they are free from eneumbranee and that he will warrant and defend them against the lawful elaims of all persons whomsoever, and do expressly hereby release all rights of dower in and to said premises, and relinquish 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 if he shall fail to pay any of said interest when due, it shall bear interest at the rate of ten per eent. per annum, from the time the same becomes due, and this mortgage shall stand as 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 deelare the whole sum of money herein secured due and collectable at once, or he may eleet to pay such taxes or assessments, and be entitled to interest on the same at the rate of ten per eent. 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 eonform or comply with any of the foregoing conditions or agree- ments. the whole sum herein secured shall become due and payable at once, and this mortgage may thereupon be foreclosed immediately 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 become due and pay- able, and shall be by the court taxed, and this mortgage shall stand as security therefor, and the same shall be included in the decree of foreclosure and shall be made by the Sheriff on general or special execution with the other money, interest and costs, and the contract embodied in this mortgage and the note described herein, shall in all respects be governed, constructed 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
V. A. BENNETT,ESQ. ATTY. AT LAW LOUDEN
-
297
ABSTRACT OF IOWA STATE LAWS.
part has this day leased unto the party of the second part the following described premises, to wit :
[ Ilere insert description.]
for the term of from and after the - day of -, A. D. 187-, a 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 law- ful for the said party of the first part to re-enter the 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 3,612 of the Code of 1873; or lie 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 untenantable by reason of fire, or from any other cause than the carelessness of the party of the second part, or persons - family, or in - employ, or by superior force and inevitable necessity. And the said party of the second part covenants that - will use the said premises as a , and for no other purposes whatever; and that - especially will not use said premises, or permit the same to be used, for any unlawful business or purpose whatever; that - will not sell, assign, underlet or relinquish said premises without the written consent of the lessor, under penalty of a forfeiture of all - rights under this lease, at the election of the party of the first part; and that - will use all due care and diligence in guarding said property, with the buildings, gates, fences, trees, vines, shrubbery, etc., from damage by fire, and the depredations of animals ; that - will keep buildings, gates, fences, etc., in as good repair as they now are, or may at any time be placed by the lessor, damages by superior force, inevitable necessity, or fire from any other cause than from the carelessness of the lessee, or persons of - family, or in - employ, excepted ; and that at the expiration of this lease, or upon a breach by said lessee of any of the said covenants herein contained, - will, without further notice of any kind, quit and surrender the possession and occupancy of said premises in as good condi- tion as reasonable use, natural wear and decay thereof will permit, damages by fire as aforesaid, superior force, or inevitable necessity, only excepted.
In witness whereof, the said parties liave subscribed their names on the date first above written.
In presence of
FORM OF NOTE.
$ On or before the - day of -, 18-, for value received, I promise to
-, 18 -. pay - or order, - dollars, with interest from date until paid, at ten per cent. per annum, payable annually, at Unpaid interest shall bear interest at ten per cent. per annum. On failure to pay interest within - days after due, the whole sum, principal and interest, shall become due at once.
298
ABSTRACT OF IOWA STATE LAWS.
CHIATTEL MORTGAGE.
KNOW ALL MEN BY THESE PRESENTS: That -- of - County, and State 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 personal property, now in the possession of -- in the county - and State of -, to wit :
[ Ilere insert Description. ]
And - do hereby warrant the title of said property, and that it is free from any incumbrance or lien. The only right or interest retained by grantor in and to said property being the right of redemption as herein provided. This conveyance to be void upon condition that the said grantor shall pay to said grantee, or his assigns, the full amount of principal and interest at the time therein specified, of - certain promissory notes 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.
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.]
299
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 liereditaments 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.]
-
300
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- cration is concurrent that the publisher shall publish the book named, and deliver the same, for which the subscriber is to pay the price named. The nature and character of the work is described by the prospectus and sample shown. These should be carefully examined before subscribing, as they are the basis and consideration of the promise to pay, and not the too often exag- gerated statements of the agent, who is merely employed to solicit subscriptions, for which he is usually paid a commission for each subscriber, and has no authority to change or alter the conditions upon which the subscriptions are authorized to be made by the publisher. Should the agent assume to agree to make the subscription conditional or modify or change the agreement of the publisher, as set out by the prospectus and sample, in order to bind the princi- pal, the subscriber should see that such condition or changes are stated over or in connection with his signature, so that the publisher may have notice of the same.
All persons making contracts in reference to matters of this kind, or any other business, should remember that the law as written is, that they can not be altered, varicd or rescindcd 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 cvidence, and is no part of the contract.
Persons employed to solicit subscriptions are known to the trade as can- vassers. They are agents appointed to do a particular business in a prescribed mode, and have no authority to do it any other way to the prejudice of their principal, nor can they bind their principal in any other matter. They can not collect money, or agree that payment may be made in anything else but money. They can not extend the time of payment beyond the time of delivery, nor bind their principal for the payment of expenses incurred in their business.
It would save a great deal of trouble, and often serious loss, if persons, before signing their names to any subscription book, or any written instrument, would examine carefully what it is; if they can not read themselves call on some one disinterested who can.
٠٢٠ ٠٠ور
TIPTON
-
HISTORY OF CEDAR COUNTY.
"Westward the Star of Empire takes its way."
GENERAL SUMMARY.
T THE first white occupant of any part of the territory included in the great State of Iowa, of which history gives any account, was Julien Dubuque, an adventurous Frenehman, who commeneed working the lead mines in the vicinity of the site of the eity that now bears his name and perpetuates his memory, in 1788. Dubuque is said to have been a Canadian Frenchman, and probably obtained his first knowledge of the Upper Mississippi country from the reports left by James Marquette and Louis Joliette, who were authorized by the French government of Canada, in 1673, to " start from the Straits of Macki- naw and find out and explore the great river lying west of them," of which they had heard marvelous accounts from the Indians about Lake Michigan.
Marquette and Joliette, accompanied by five boatmen, left the southern extremity of Green Bay and ascended Fox River in small eanoes to the head- waters of that stream, and thenee earried their canoes and provisions aeross to Wisconsin River. Again launching their eanoes, they floated down that stream and entered the Mississippi on the 17th day of June, 1673. "When we entered the majestie stream," wrote Marquette, "we realized a joy we could not express." Quietly and easily they were swept down to the solitudes below, filled, no doubt, with wonder and admiration as they beheld the bold bluffs and beautiful meadows along the western bank of the Father of Waters, then revealed for the first time to the eyes of white men. This was the discovery of Iowa-the " Beautiful Land."
At this time, and until 1788, this newly discovered territory was inhabited only by tribes of Indians, of whom we have but a vague and unsatisfactory his- tory. Marquette and Joliette left but a very brief statement concerning them, and that statement is summed up in a very brief paragraph. On the 21st day of June, 1673, the fourth day of their journey down the Mississippi, they landed on the west bank and " discovered footprints of some fellow mortals and a little path leading into a pleasant meadow." They followed that trail a short distance, when they heard the Indians talking, and, making their presenee known by a loud ery, they were conducted to an Indian village, the location of which, by some, has been eonjeetured was near the Des Moines River. Other authorities, with a reasonable degree of plausibility, have elaimed that it was not far from the present site of the city of Davenport. The inhabitants of this Indian village are said to have been of the Illini,* who are supposed to have
* Tribe of men.
A
306
HISTORY OF CEDAR COUNTY.
occupied a large portion of the country bordering on the Mississippi. The Illini were succeeded by the Winnebagoes, who in turn gave place to the Iowas. The Iowas, after having been defeated in a sanguinary conflict by the Saes and Foxes, t yielded up their prairie homes to the victorious foe, and sullenly retired to inore peaceful hunting grounds farther west, leaving the name as an unfad- ing remembrance to the flourishing State that now occupies their aboriginal possessions.
For a period of one hundred years following this discovery, or until 1763, France claimed jurisdiction over the country thus discovered by Marquette and Joliette, when that government ceded it to Spain, but in 1801 the Spanish Gov- ernment ceded back to France all interest in the Mississippi Valley, and, under treaty dated April 30, 1803, the First Consul of the French Republie ceded these possessions to the United States.
It was while under the dominion of the Spanish Government in 1788, that Dubuque found his way to the Galena section of Iowa and obtained from Blon- deau and two other chiefs of the Fox tribe of Indians, what he claimed was a grant of lands. His claim was described as " seven leagues (21 miles) on the west bank of the Mississippi, from the mouth of the Little Maquoketa River to the Tete Des Mortes, and three leagues (9 miles) in depth. This grant from the Indian chief Blondeau was subsequently qualifiedly confirmed by Carondelet, the Spanish Governor at New Orleans. Dubnque intermarried with the Indians among whom he had cast his fortunes, and continued to operate his mines (em- ploying about ten white men), until the time of his death in 1810. In 1854, a case having been made, the United States Supreme Court decided that his grant from the Indian chief Blondean, qualifiedly confirmed by the Spanish Governor, Carondelet, was nothing more than a "temporary license to dig ore, and constituted no valid elaim to the soil."-[16 Howard Rep., 224.]
March 16, 1804, the boundary line between Upper and Lower Louisiana was established. The lower country was called the Territory of New Orleans, and the upper country the District of Louisiana. The District of Louisiana embraced the present States of Arkansas, Missouri, Iowa and Minnesota, and was attached to the Territory of Indiana for political and judicial purposes. In 1807, Iowa was organized with the Territory of Illinois, and in 1812, it was included in the Territory of Missouri. In 1821, when Missouri was admitted into the Union as a sovereign and independent State, Iowa was left, for a time, as a " political orphan," in which condition she remained until attached to Michigan Territory, in June, 1834. Under an act of Congress, approved April 20, 1836, which went into effect July 3. of the same year, the territory now comprising the States of Wisconsin, Iowa and Minnesota was organized as Wis- consin Territory, and Henry Dodge appointed Governor.
" At the close of the Black Hawk war." says Hon. C. C. Nourse, in his State Address, delivered at the Centennial Exhibition at Philadelphia, Thursday, September 7, 1876, "and on the 15th of September, 1832, General Winfield Scott concluded a treaty at the present site of the City of Davenport [on the grounds now occupied by the Chicago, Rock Island & Pacific Railroad Depot. -ED. ] with the confederate tribes of Sac and Fox Indians, by which the Indian title was extinguished to that portion of Iowa known as the " Black Hawk Purchase." This was a strip of land on the west bank of the Mississippi River, the western boundary of which commenced at the southeast corner of the
# The Sanks or Sankies ( white clay ), and the Foxes or Outagamies so called by the Europeans), and Algonquins, respectively, but whose true name is Mus-quak-kink (red clay), are in fart but one nation. When the French Missionaries first came in contact with them in 1665, they found that they spoke the same language, and that it differed from the Algonqnius, though belonging to the same stock .- Albert Gallatin.
307
HISTORY OF CEDAR COUNTY.
present county of Davis; thence to a point on Cedar River, near the northeast corner of Johnson County ; thence northwest to the neutral grounds of the Win- nebagoes ; thence to the Mississippi to a point above Prairie du Chien, and con- tained about six million acres of land. By the terms of this treaty, the Indians were to occupy this land until June 1, 1833." Under the jurisdiction of Mich- igan Territory this strip was divided into two counties-Dubuque and Des Moines-being divided by a line commencing at the flag-staff at Fort Armstrong (Rock Island), and thence running due west forty miles.
In 1836, when the first census of this district of country was taken, the population of the counties of Dubuque and Des Moines aggregated 10,531.
At the first session of the Wisconsin Territorial Legislature, held in 1836, th'e counties of Des Moines, Lee. Van Buren, Henry, Muscatine and Cook, now called Scott, and Slaughter (now Washington) were organized out of the original Des Moines County. At the second session, which convened at Bur- lington, Des Moines County, in November. 1837, Dubuque County was sub- divided, and the following counties erected therefrom : Dubuque, Clayton, Fayette, Delaware, Buchanan, Jackson. Jones, Linn, Benton, Clinton and Cedar.
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