USA > Iowa > Delaware County > The history of Delaware county, Iowa, containing a history of its county, its cities, towns &c., a biographical directory of its citizens, war record of its volunteers > Part 33
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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 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.]
294
ABSTRACT OF IOWA STATE LAWS.
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 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 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 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 occupaney 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 have subscribed their names on the date first above written.
In presence of
FORM OF NOTE.
-, 18 -.
On or before the - day of -, 18-, for value received, I promise to 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.
Holland J. Lo By
ATTY. AT LAW MANCESTER
297
ABSTRACT OF IOWA STATE LAWS.
CHATTEL 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 :
[ Here 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 amiually 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.]
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
ยท
298
ABSTRACT OF IOWA STATE LAWS.
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 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.
[Acknowledge as in form No. 1.]
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
299
ABSTRACT OF IOWA STATE LAWS.
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, 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 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.
.
ERRATA.
Page 505. Fourth line of Olive Branch Chapter, No 48, Thomas Toogrod should read Toogood.
Page 514. End of fourth line from top of page, date 1851 should read 1858 ; next line, I. W. Grist should be I. W. Ghrist.
Page 526. Last line of "Business Interests," Session should be Sisson.
Page 530. Last line but one before GREELEY, Rev. should be Pres.
Page 530. Third line of GREELEY-Richard T. Barrett should be Richard F. Last line of same paragraph, Benjamim Laken should be Benjamin Lakin. Page 535. Second line, fourth word under head of "Religious" should be by instead of when.
Page 536. Fifth line from bottom, J. A. Rooker should be J. A. Hooker.
Page 540. Sixteenth line from bottom, "the first brick house" should read " the first brick school house."
Page 543. The date at end of fifth line should be 1856 instead of 1852.
Page 558. The first line of Delaware Center, the date 1853 should be 1854.
Page 607. Delhi Township, Swinbune. J. B should be Swinburne J. B.
The pages to 331 are omitted, on account of a mistake in calculating the amount of preceding matter.
C Roel Bailey MANCHESTER.
HISTORY OF DELAWARE COUNTY.
At the close of the Black Hawk war, in August, 1832, by treaty, the Sac and Fox tribes of Indians, until then the undisputed occupants of the lands lying west of the Mississippi, included in the present State of Iowa, ceded to the United States a strip bordering on the Mississippi and extending westward about fifty miles, which was called " The Black Hawk Purchase." The western boundary of this purchase was fifty miles west of the river and paral- lel with it, and of course included the present territory of Delaware County. This treaty went into operation June 1, 1833.
In June, 1834, the Black Hawk Purchase was made a part of Michigan Territory, and in September following, the Legislature of that Territory erected two counties west of the Mississippi-Dubuque and Des Moines-the dividing line being drawn westward from the foot of Rock Island, and these counties were partially organized. July 4, 1836, Wisconsin Territory was erected, includ- ing the two Iowa counties of Dubuque and Des Moines. Under Wisconsin jurisdiction, Dubuque County was divided, in 1837, into Dubuque, Delaware, Clayton, Fayette, Buchanan, Jackson, Jones, Linn, Benton, Clinton and Cedar, and their boundaries defined. Delaware was attached to Dubuque for judicial, revenue and election purposes until its organization in 1841. The county con- tained sixteen congressional townships, and was bounded as follows : Commenc- ing at the northwest corner of Township 90 north, Range 2, west of Fifth Prin- cipal Meridian, thence west to the northwest corner of Township 90 north, Range 6 west, thence south on the west line of the sixth range of townships west to the southwest corner of Township 87 north, Range 6 west, thence east to the southwest corner of Township 87 north, Range 2 west, thence north to place of beginning.
It is said that Thomas McCraney, Esq., a member of the first Legislative Assembly of the Territory of Wisconsin from Dubuque, named the new county in honor of Delaware County, New York, from which he came.
In tracing the early settlement of this county, it may be well to insert here for reference the civil township divisions of the county, as they exist at present, 1878 : South Fork, T. 87 N., R. 3 W. ; North Fork, T. 88 N., R. 3 W. ; Bremen, T. 89 N., R. 3 W. ; Colony, T. 90 N., R. 3 W. ; Elk, T. 90 N., R. 4 W. ; Oneida, T. 89 N., R. 4 W .; Delhi, T. 88 N., R. 4 W .; Union, T. 87 N., R. 4 W. ; Hazel Green, T. 87 N., R. 5 W .; Milo, T. 88 N., R. 5 W. ; Delaware, T. 89 N., R. 5 W. : Honey Creek, T. 90 N., R. 5 W .; Richland, T. 90 N., R. 6 W .; Coffin's Grove, T. 89 N., R. 6 W. ; Prairie, T. 88 N., R. 6 W. ; Adams, T. 87 N., R. 6 W.
Coffin's Grove is in the southerly part of Coffin's Grove Township ; Eads' Grove in the south part of Honey Creek, and extends into Dela- ware ; Penn's Grove in Delhi Township; Hickory Grove, north part of Oneida Township : Hinkle's Grove, north part of Honey Creek, near present
332
HISTORY OF DELAWARE COUNTY.
site of York : Lindsey's Grove, western part of Eads' Grove; Center Grove. near center of county.
The south fork of the Maquoketa River, a beautiful and rapidly flowing stream over two hundred miles in length. enters the county near the northwest corner, and flows in a general southeasterly direction through the townships of Richland, Coffin's Grove, Delaware, Milo, Delhi, Union and South Fork. The north fork of the Maquoketa flows for several miles on the eastern edge of North Fork and South Fork Townships. Buffalo Creek flows across the southwest corner of Adams Township. Coffin's Grove Creek empties into the Maquo- keta from the west, just north of Manchester ; Honey Creek from the northeast, a little above : Spring Branch flows in from the north in Milo Township ; Buck Creek from the west from Hazel Green through Union Township; Sand Creek from the west from Prairie through Milo; Plum Creek from Oneida through Delhi, North and South Fork ; Bear Creek, in Bremen Township, flows into the north fork of Maquoketa, in Dubuque County ; Elk Creek heads in Elk Township and flows north to the Turkey River in Clayton County.
Timber skirts the streams, but about three-fourths of the county is beautifully undulating prairie.
The underlying rock formation is magnesian limestone of the Niagara Group, in which are found numerous marine fossils-corals, shells, articulates, &c. In many places the rock is exposed, and much of it is adapted for build- ing purposes, that near Delhi being fully equal to the celebrated Anamosa stone. Near Colesburg, in Colony Township, is a deposit of fine potter's clay, and good clay for the manufacture of brick is found in various localities. In fact, clay generally underlies the soil on the ridges, while in the bottoms the subsoil is sand and fine gravel. Along the shores of the streams are found agates, pieces of slate and pebbles of quartz foreign to this region, and boulders scat- tered over the surface are the silent monuments of the glacial period.
The correction line which runs through Delaware County, falling near Dy- ersville (in Dubuque County), Earlville, Delaware, Manchester and Masonville, was run and the township lines established in 1836, by Mr. - Burt and Orson Lyon. Mr. Burt was the son of Judge Burt, of Michigan, the inventor of Burt's Solar Compass. This was the first surveying done with the new in- strument, and, says Judge Bailey, " They did excellent work with it."
It is conceded that William Bennett, from Galena, was the first white settler to locate within the limits of Delaware County, and that he built the first cabin on the banks of Honey Creek, in a beautiful grove now known as Eads' Grove, on the south part of Section 35, Township 90 north, Range 5 west of Fifth Principal Meridian. There is apparently some conflict of opinion as to the precise date of his settlement. Some authorities have stated that he settled there in 1836. Hon. Joel Bailey, the oldest living settler of Delaware, and perfectly familiar with the county and its settlers, says that Bennett, who was a hunter and trapper, probably built his cabin in the Winter of 1834-5 or Sum- mer following, and occupied it with his family as early as 1835-6. Mrs. Bennett was the first white woman now known to have settled in Delaware County. Bennett remained until the Spring of 1838, when, it is said, he re- moved to Missouri.
A Mr. Lindsey was with Bennett probably as early as 1836, perhaps still earlier, and a part of the timber afterward known as Eads' Grove was known to the first settlers as Lindsey's Grove. The West Branch of Honey Creek was called Lindsey's Creek, and is sometimes called by that name by the old settlers to this day.
333
HISTORY OF DELAWARE COUNTY.
Henry T. Garden, a trapper and Indian trader, is said to have built a cabin probably as early as 1836 or 1837, near the east line of the county, southeast from the present town of Colesburg. Whether he lived here with his family is uncertain, but he resided for several years just over the county line in Dubuque County, on Section 7, Township 89 north, Range 2 west, and afterward re- moved to Fayette County, where, in February, 1843, he and a man named At- kins were murdered by Winnebagoes, to whom he sold whisky, and whom he had offended by trying to get them out of the house. The boy escaped, slightly injured ; the little girl. after being ravished by the fiends. Through the deep snow, in a cold Winter night, these poor children, wounded and bleeding, made their way to the nearest neighbor's house, one mile, and were badly frozen when they arrived and told their tale of horror. The Indians, three in number, were afterward arrested at Camp Atkinson, and taken to Dubuque, where they were confined in the old log jail. One of them turned " State's evidence," and was released. The other two were condemned to imprisonment for life. Before leaving for Fort Madison, they quarreled in jail, and the larger one killed his . companion with a billet of stove wood.
Mr. Lucius Kibbee settled in Township 88 N., R. 3 W. (North Fork), on Section 24, where Rockville was afterward located, on the west bank of the North Fork of the Maquoketa, probably in 1836 or early in 1837. Kibbee, after re- maining several years on his elaim, removed to Dubuque County, where he died. His widow subsequently died in Linn County, where one of the sons is still living in 1878.
In 1837, a party of emigrants from the Selkirk colony, on the Red River of the North, mostly Scotch people, settled at a grove in the northwesterly part of Jones County, since called "Scotch Grove." They came bringing their house- hold goods and other movable property, including a valuable variety of spring wheat, in rude ox-carts .*
James Livingston and Hugh Rose accompanied them. At Dubuque, James Livingston was joined by his brother Hugh, who was in Dubuque, and both brothers and Rose settled in Township 87 N., R. 3 W., a short distance below the present site of Hopkinton.
Hugh Livingston came southward with a party who left Red River in 1835. They came with carts to the point where St. Cloud now stands, where they con- structed boats and floated down the Mississippi River to Dubuque, where Hugh remained until the arrival of his brother, and the remainder of the party settled at Apple River, Ill.
In 1837, Milo Jones, of Milwaukee, secured a contract for subdividing a number of townships in Iowa, including eight of the southern townships in Del- aware County, and, during that Summer and Fall, these townships were sur- veyed by him and Joel Bailey. They found four settlers here at that time, viz .: Lueius Kibbee, Hugh Livingston, James Livingston and Hugh Rose.
A Mr. Porter, from Ohio, subdivided the townships in the northern part of the county during the same year, but the work was very imperfectly done.
The surveyors in this part of the county found only Wm. Bennett and Lindsey, at what has since been known as Eads' Grove.
The first settler in Township 89, Range 3 (Bremen), was a Mr. John Flinn. The date of his settlement is not certainly known, but it was probably in the Fall of 1837 or Spring of 1838. He located on Bear Creek, a little east of
* These carts were clumsy two-wheeled vehicles, made without a particle of iron, drawn by a single ox, in thills, harnessed like a horse. The harness consi- ted of wooden hames, and rawhide tugs and breeching. With these prim- itive carts, these hardy pioneers traveled 1,100 miles, piloted by an old trapper named Fred. Dixon.
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HISTORY OF DELAWARE COUNTY.
the center of the township, where John Bolton now (1878) lives. He lived for some time the only settler in the township, and was followed by the Bocken- stedts. seven brothers, who became permanent residents.
It is stated, and generally believed, that the first white child born in Dela- ware County was born to William Bennett, in the Fall or Winter of 1837-38, but it lived only a few days, and its death was the first recorded.
Early in the Spring of 1838, Bennett and his family removed southwestward, and his father-in-law, William Eads, and his family, removed from Galena and occupied Bennett's cabin, in the timber since known as Eads' Grove.
John Hlinkle, whose wife was Eads' daughter, came with Eads and settled near him. flinkle afterward attempted to make a claim further north, in a little grove afterward called Hinkle's Grove, near the spot where the village of York was subsequently laid out.
In the same Spring, in March, Thomas Nicholson and his sons, William Nicholson and Montgomery Nicholson, located near the Maquoketa, in the east part of the Township 87, N., R. 4 W. (now included in South Fork Township), where Hopkinton now stands, built a cabin and broke a little prairie.
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