USA > Iowa > Van Buren County > The history of Van Buren 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 history of the Northwest, history of Iowa &c > Part 34
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Sworn to and subscribed before me and in my presence by the said this - day of --- , 18 -. , Notary Public.
ARTICLES OF AGREEMENT.
An agreement is where one party promises to another to do a certain thing in a certain time for a stipulated sum. Good business men always reduce an agreement to writing, which nearly always saves misunderstandings and trouble. No particular form is necessary, but the facts must be clearly and explicitly stated, and there must, to make it valid, be a reasonable consideration.
GENERAL FORM OF AGREEMENT.
THIS AGREEMENT, made the Second day of June, 1878, between John Jones, of Keokuk, County of Lee, State of Iowa, of the first part, and Thomas Whiteside, of the same place, of the second part-
WITNESSETH, that the said John Jones, in consideration of the agreement of the party of the second part, hereinafter contained, contracts and agrees to and with the said Thomas Whiteside, that he will deliver in good and market- able condition, at the Village of Melrose, Iowa, during the month of November, of this year, One Hundred Tons of Prairie Hay, in the following lots, and at the following specified times ; namely, twenty-five tons by the seventh of Nov- ember, twenty-five tons additional by the fourteenth of the month, twenty-five tons more by the twenty-first, and the entire one hundred tons to be all delivered by the thirtieth of November.
And the said Thomas Whiteside, in consideration of the prompt fulfillment of this contract, on the part of the party of the first part, contracts to and agrees with the said John Jones, to pay for said hay five dollars per ton, for each ton as soon as delivered.
308
ABSTRACT OF IOWA STATE LAWS.
In case of failure of agreement by either of the parties hereto, it is hereby stipulated and agreed that the party so failing shall pay to the other, One Hun- dred dollars, as fixed and settled damages.
In witness whereof, we have hereunto set our hands the day and year first above written.
JOHN JONES, THOMAS WHITESIDE.
AGREEMENT WITH CLERK FOR SERVICES.
THIS AGREEMENT, made the first day of May, one thousand eight hundred and seventy-eight, between Reuben Stone, of Dubuque, County of Dubuque, State of Iowa, party of the first part, and George Barclay, of McGregor, County of Clayton, State of Iowa, party of the second part-
WITNESSETH, that said George Barclay agrees faithfully and diligently to work as clerk and salesman for the said Reuben Stone, for and during the space of one year from the date hereof, should both live such length of time, without absenting himself from his occupation ; during which time he, the said Barclay, in the store of said Stone, of Dubuque, will carefully and honestly attend, doing and performing all duties as clerk and salesman aforesaid, in accordance and in all respects as directed and desired by the said Stone.
In consideration of which services, so to be rendered by the said Barclay, the said Stone agrees to pay to said Barclay the annual sum of one thousand dol- lars, payable in twelve equal monthly payments, each upon the last day of each month ; provided that all dues for days of absence from business by said Barclay, shall be deducted from the sum otherwise by the agreement due and payable by the said Stone to the said Barclay.
Witness our hands.
REUBEN STONE. GEORGE BARCLAY.
BILLS OF SALE.
A bill of sale is a written agreement to another party, for a consideration to. convey his right and interest in the personal property. The purchaser must take actual possession of the property, or the bill of sale must be acknowledged and recorded.
COMMON FORM OF BILL OF SALE.
KNOW ALL MEN by this instrument, that I, Louis Clay, of Burlington, Iowa, of the first part, for and in consideration of Five Hundred and Ten Dollars, to me paid by John Floyd, of the same place, of the second part, the receipt whereof is hereby acknowledged, have sold, and by this instrument do convey unto the said Floyd, party of the second part, his executors, administra- tors and assigns, my undivided half of ten acres of corn, now growing on the arm of Thomas Tyrell, in the town above mentioned ; one pair of horses, sixteen sheep, and five cows, belonging to me and in my possession at the farm aforesaid ; to have and to hold the same unto the party of the second part, his executors and assigns forever. And I do, for myself and legal representatives, agree with the said party of the second part, and his legal representatives, to warrant and defend the sale of the afore-mentioned property and chattels unto the said party of the second part, and his legal representatives, against all and every person whatsoever.
In witness whercof, I have hereunto affixed my hand, this tenth day of October, one thousand eight hundred and seventy-six.
LOUIS CLAY.
.
309
ABSTRACT OF IOWA STATE LAWS.
NOTICE TO QUIT.
TO JOHN WONTPAY :
You are hereby notified to quit the possession of the premises you now occupy to wit :
[Insert Description.]
on or before thirty days from the date of this notice.
Dated January 1, 1878.
Landlord.
[Reverse for Notice to Landlord.]
GENERAL FORM OF WILL FOR REAL AND PERSONAL PROPERTY.
I, Charles Mansfield, of the Town of Bellevue, County of Jackson, State of Iowa, being aware of the uncertainty of life, and in failing health, but of sound mind and memory, do make and declare this to be my last will and tes- tament, in manner following, to-wit :
First. I give, devise and bequeath unto my eldest son, Sidney H. Mans- field, the sum of Two Thousand Dollars, of bank stock, now in the Third National Bank, of Cincinnati, Ohio, and the farm owned by myself, in the Township of Iowa, consisting of one hundred and sixty acres, with all the houses, tenements and improvements thereunto belonging ; to have and to hold unto my said son, his heirs and assigns, forever.
Second. I give, devise and bequeath to each of my two daughters, Anna Louise Mansfield and Ida Clara Mansfield, each Two Thousand Dollars in bank stock in the Third National Bank of Cincinnati, Ohio: and also, each one quarter section of land, owned by myself, situated in theTownship of Fairfield, and recorded in my name in the Recorder's office, in the county where such land is located. The north one hundred and sixty acres of said half section is devised to my eldest daughter, Anna Louise.
Third. I give, devise and bequeath to my son, Frank Alfred Mansfield, five shares of railroad stock in the Baltimore & Ohio Railroad, and my one hundred and sixty acres of land, and saw-mill thereon, situated in Manistee, Michigan. with all the improvements and appurtenances thereunto belonging, which said real estate is recorded in my name, in the county where situated.
Fourth. I give to my wife, Victoria Elizabeth Mansfield, all my household furniture, goods, chattels and personal property, about my home, not hitherto disposed of, including Eight Thousand Dollars of bank stock in the Third National Bank of Cincinnati, Ohio, fifteen shares in the Baltimore & Ohio Railroad, and the free and unrestricted use, possession and benefit of the home farm so long as she may live, in lieu of dower, to which she is entitled by law -said farm being my present place of residence.
Fifth. I bequeath to my invalid father, Elijah H. Mansfield, the income from rents of my store building at 145 Jackson street, Chicago, Illinois, during the term of his natural life. Said building and land therewith to revert to my said sons and daughters in equal proportion, upon the demise of my said father.
Sixth. It is also my will and desire that, at the death of my wife, Victoria Elizabeth Mansfield, or at any time when she may arrange to relinquish her
310
ABSTRACT OF IOWA STATE LAWS. .
life interest in the above mentioned homestead, the same may revert to my above named children, or to the lawful heirs of each.
And lastly. I nominate and appoint as the executors of this, my last will and testament, my wife, Victoria Elizabeth Mansfield, and my eldest son, Sidney H. Mansfield.
I further direct that my debts and necessary funeral expenses shall be paid from moneys now on deposit in the Savings Bank of Bellevue, the residue of such moneys to revert to my wife, Victoria Elizabeth Mansfield, for her use for- ever.
In witness whereof, I, Charles Mansfield, to this my last will and testament, have hereunto set my hand and seal, this fourth day of April, eighteen hundred and seventy-two.
CHARLES MANSFIELD.
Signed, and declared by Charles Mansfield, as and for his last will and tes- ment, in the presence of us, who, at his request, and in his presence, and in the presence of each other, have subscribed our names hereunto as witnesses thereof.
PETER A. SCHENCK, Dubuque, Iowa, FRANK E. DENT, Bellevue, Iowa.
CODICIL.
Whereas I, Charles Mansfield, did, on the fourth day of April, one thousand eight hundred and seventy-two, make my last will and testament, I do now, by this writing, add this codicil to my said will, to be taken as a part thereof.
Whereas, by the dispensation of Providence, my daughter, Anna Louise, has deceased, November fifth, eighteen hundred and seventy-three ; and whereas, a son has been born to me, which son is now christened Richard Albert Mans- field, I give and bequeath unto him my gold watch, and all right, interest and title in lands and bank stock and chattels bequeathed to my deceased daughter, Anna Louise, in the body of this will.
In witness whereof, I hereunto place my hand and seal, this tenth day of March, eighteen hundred and seventy-five. CHARLES MANSFIELD.
Signed, sealed, published and declared to us by the testator, Charles Mans- field, as and for a codicil to be annexed to his last will and testament. And we, at his request, and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto, at the date hereof.
FRANK E. DENT, Bellevue, Iowa, JOHN C. SHAY, Bellevue, Iowa.
(Form No. 1.)
SATISFACTION OF MORTGAGE.
STATE OF IOWA, $ s
County,
I, - , of the County of -, State of Iowa, do hereby acknowledge that a certain Indenture of -, bearing date the --- day of -, A. D.
18-, made and executed by - and - -, his wife, to said - 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 -
-
311
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 S- -, due , 18-, with interest annually at - per cent.
One note for S- -, 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 executed - 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.
-
312
ABSTRACT OF IOWA STATE LAWS.
assigns forever, the certain tract or parcel 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 encumbrance and that he will warrant and defend them against the lawful claims 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 cent. 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 declare the whole sum of money herein secured due and collectable at once, or he may elect to pay such taxes or assessments, and be entitled to interest on the same at the rate of ten per cent. per annum, and this mortgage shall stand as security for the amount so paid.
Fourth. Said first part further agree that if he fail to pay any of said money, either principal or interest, within - days after the same becomes due; or fail to conform or comply with any of the foregoing 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, witnessethi that the said party of the first
313
ABSTRACT OF IOWA STATE LAWS.
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-, aş
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 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 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.
314
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 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
and ~
[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 scal, 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.
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