USA > Illinois > Coles County > The History of Coles County, Illinois map of Coles County; history of Illinois history of Northwest Constitution of the United States, miscellaneous matters, &c., &c > Part 15
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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 dollars, 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 consider- ation to convey his right and interest in the personal property. The purchaser must take actual possession of the property. Juries have power to determine upon the fairness or unfairness of a bill of sale.
COMMON FORM OF BILL OF SALE.
KNOW ALL MEN by this instrument, that I, Louis Clay, of Princeton, Illinois, 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, administrators, and assigns, my undivided half of ten acres of corn, now growing on the farm of Thomas Tyrrell, 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 whereof, I have hereunto affixed my hand, this tenth day of October, one thousand eight hundred and seventy-six.
LOUIS CLAY.
BONDS.
A bond is a written admission on the part of the maker in which he pledges a certain sum to another, at a certain time.
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ABSTRACT OF ILLINOIS STATE LAWS.
COMMON FORM OF BOND.
KNOW ALL MEN by this instrument, that I, George Edgerton, of Watseka, Iroquois County, State of Illinois, am firmly bound unto Peter Kirchoff, of the place aforesaid, in the sum of five hundred dollars, to be paid to the said Peter Kirchoff, or his legal representatives ; to which payment, to be made, I bind myself, or my legal representatives, by this instrument.
Sealed with my seal, and dated this second day of November, one thousand eight hundred and sixty-four.
The condition of this bond is such that if I, George Edgerton, my heirs, administrators, or executors, shall promptly pay the sum of two hundred and fifty dollars in three equal annual payments from the date hereof, with annual interest, then the above obligation to be of no effect ; otherwise to be in full force and valid.
Sealed and delivered in
presence of
WILLIAM TURNER.
GEORGE EDGERTON. [L.s.]
CHATTEL MORTGAGES.
A chattel mortgage is a mortgage on personal property for payment of a certain sum of money, to hold the property against debts of other creditors. The mortgage must describe the property, and must be acknowledged before a justice of the peace in the township or precinct where the mortgagee resides, and entered upon his docket, and must be recorded in the recorder's office of the county.
GENERAL FORM OF CHATTEL MORTGAGE.
THIS INDENTURE, made and entered into this first day of January, in the year of our Lord one thousand eight hundred and seventy-five, between Theodore Lottinville, of the town of Geneseo in the County of Henry, and State of Illinois, party of the first part, and Paul Henshaw, of the same town, county, and State, party of the second part.
Witnesseth, that the said party of the first part, for and in consider- ation of the sum of one thousand dollars, in hand paid, the receipt whereof is hereby acknowledged, does hereby grant, sell, convey, and confirm unto the said party of the second part, his heirs and assigns forever, all and singular the following described goods and chattels, to wit:
Two three-year old roan-colored horses, one Burdett organ, No. 987, one Brussels carpet, 15x20 feet in size, one marble-top center table, one Home Comfort cooking stove, No. 8, one black walnut bureau with mirror attached, one set of parlor chairs (six in number), upholstered in green rep, with lounge corresponding with same in style and color of upholstery, now in possession of said Lottinville, at No. 4 Prairie Ave., Geneseo, Ill .;
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ABSTRACT OF ILLINOIS STATE LAWS.
Together with all and singular, the appurtenances thereunto belong- ing, or in any wise appertaining ; to have and to hold the above described goods and chattels, unto the said party of the second part, his heirs and assigns, forever.
Provided, always, and these presents are upon this express condition, that if the said Theodore Lottinville, his heirs, executors, administrators, or assigns, shall, on or before the first day of January, A.D., one thousand eight hundred and seventy-six, pay, or cause to be paid, to the said Paul Ranslow, or his lawful attorney or attorneys, heirs, executors, adminis- trators, or assigns, the sum of One Thousand dollars, together with the interest that may accrue thereon, at the rate of ten per cent. per annum, from the first day of January, A.D. one thousand eight hundred and seventy-five, until paid, according to the tenor of one promissory note bearing even date herewith for the payment of said sum of money, that then and from thenceforth, these presents, and everything herein con- tained, shall cease, and be null and void, anything herein contained to the contrary notwithstanding.
Provided, also, that the said Theodore Lottinville may retain the possession of and have the use of said goods and chattels until the day of payment aforesaid ; and also, at his own expense, shall keep said goods and chattels; and also at the expiration of said time of payment, if said sum of money, together with the interest as aforesaid, shall not be paid, shall deliver up said goods and chattels, in good condition, to said Paul Ranslow, or his heirs, executors, administrators, or assigns.
And provided, also, that if default in payment as aforesaid, by said party of the first part, shall be made, or if said party of the second part shall at any time before said promissory note becomes due, feel himself unsafe or insecure, that then the said party of the second part. or his attorney, agent, assigns, or heirs, executors, or administrators, shall have the right to take possession of said goods and chattels, wherever they may or can be found, and sell the same at publie or private sale, to the highest bidder for cash in hand, after giving ten days' notice of the time and place of said sale, together with a description of the goods and chat- tels to be sold, by at least four advertisements, posted up in public places in the vicinity where said sale is to take place, and proceed to make the sum of money and interest promised as aforesaid. together with all reason- able costs, charges, and expenses in so doing : and if there shall be any overplus, shall pay the same without delay to the said party of the first part, or his legal representatives.
In testimony whereof, the said party of the first part has hereunto set his hand and affixed his seal, the day and year first above written. Signed, sealed and delivered in
presence of SAMUEL J. TILDEN.
THEODORE LOTTINVILLE. [L.s.]
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ABSTRACT OF ILLINOIS STATE LAWS.
LEASE OF FARM AND BUILDINGS THEREON.
THIS INDENTURE, made this second day of June, 1875, between David Patton of the Town of Bisbee, State of Illinois, of the first part, and John Doyle of the same place, of the second part,
Witnesseth, that the said David Patton, for and in consideration of the covenants hereinafter mentioned and reserved, on the part of the said John Doyle, his executors, administrators, and assigns, to be paid, kept, and performed, hath let, and by these presents doth grant, demise, and let, unto the said John Doyle, his executors, administrators, and assigns, all that parcel of land situate in Bisbee aforesaid, bounded and described as follows, to wit :
[Here describe the land.]
Together with all the appurtenances appertaining thereto. To have and to hold the said premises, with appurtenances thereto belonging, unto the said Doyle, his executors, administrators, and assigns, for the term of five years, from the first day of October next following, at a yearly rent of Six Hundred dollars, to be paid in equal payments, semi-annually, as long as said buildings are in good tenantable condition.
And the said Doyle, by these presents, covenants and agrees to pay all taxes and assessments, and keep in repair all hedges, ditches, rail, and other fences ; (the said David Patton, his heirs, assigns and administra- tors, to furnish all timber, brick, tile, and other materials necessary for such repairs.)
Said Doyle further covenants and agrees to apply to said land, in a. farmer-like manner, all manure and compost accumulating upon said farm, and cultivate all the arable land in a husbandlike manner, accord- ing to the usual custom among farmers in the neighborhood ; he also agrees to trim the hedges at a seasonable time, preventing injury from cattle to such hedges, and to all fruit and other trees on the said premises. That he will seed down with clover and timothy seed twenty acres yearly of arable land, ploughing the same number of acres each Spring of land now in grass, and hitherto unbroken.
It is further agreed, that if the said Doyle shall fail to perform the whole or any one of the above mentioned covenants, then and in that. case the said David Patton may declare this lease terminated, by giving three months' notice of the same, prior to the first of October of any year, and may distrain any part of the stock, goods, or chattels, or other property in possession of said Doyle, for sufficient to compensate for the non-performance of the above written covenants, the same to be' deter- mined, and amounts so to be paid to be determined, by three arbitrators, chosen as follows: Each of the parties to this instrument to choose one,
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ABSTRACT OF ILLINOIS STATE LAWS.
and the two so chosen to select a third ; the decision of said arbitrators to be final.
In witness whereof, we have hereto set our hands and seals.
Signed, sealed, and delivered in presence of JAMES WALDRON.
DAVID PATTON. [L.S.]
JOHN DOYLE. [L.S.]
FORM OF LEASE OF A HOUSE.
THIS INSTRUMENT, made the first day of October, 1875, witnesseth that Amos Griest of Yorkville, County of Kendall, State of Illinois, hath rented from Aaron Young of Logansport aforesaid, the dwelling and lot No. 13 Ohio Street, situated in said City of Yorkville, for five years from the above date, at the yearly rental of Three Hundred dollars, pay- able monthly, on the first day of each month, in advance, at the residence of said Aaron Young.
At the expiration of said above mentioned term, the said Griest agrees to give the said Young peaceable possession of the said dwelling, in as good condition as when taken, ordinary wear and casualties excepted.
In witness whereof, we place our hands and seals the day and year aforesaid.
Signed, sealed and delivered in presence of
AMOS GRIEST. [L.S.]
NICKOLAS SCHUTZ, AARON YOUNG. [L.S.]
Notary Public.
LANDLORD'S AGREEMENT.
THIS certifies that I have let and rented, this first day of January, 1876, unto Jacob Schmidt, my house and lot, No. 15 Erie Street, in the City of Chicago, State of Illinois, and its appurtenances ; he to have the free and uninterrupted occupation thereof for one year from this date, at the yearly rental of Two Hundred dollars, to be paid monthly in advance ; rent to cease if destroyed by fire, or otherwise made untenantable.
PETER FUNK.
TENANT'S AGREEMENT.
THIS certifies that I have hired and taken from Peter Funk, his house and lot, No. 15 Erie Street, in the City of Chicago, State of Illi- nois, with appurtenances thereto belonging, for one year, to commence this day, at a yearly rental of Two Hundred dollars, to be paid monthly in advance ; unless said house becomes untenantable from fire or other causes, in which case rent ceases ; and I further agree to give and yield said premises one year from this first day of January 1876, in as good condition as now, ordinary wear and damage by the elements excepted.
Given under my hand this day.
JACOB SCHMIDT.
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ABSTRACT OF ILLINOIS STATE LAWS.
NOTICE TO QUIT.
To F. W. ARLEN,
Sir : Please observe that the term of one year, for which the house and land, situated at No. 6 Indiana Street, and now occupied by you, were rented to you, expired on the first day of October, 1875, and as I desire to repossess said premises, you are hereby requested and required to vacate the same. Respectfully Yours,
P. T. BARNUM.
LINCOLN, NEB., October 4, 1875.
TENANT'S NOTICE OF LEAVING.
DEAR SIR :
The premises I now occupy as your tenant, at No. 6 Indiana Street, I shall vacate on the first day of November, 1875. You will please take notice accordingly.
Dated this tenth day of October, 1875. F. W. ARLEN. To P. T. BARNUM, EsQ.
REAL ESTATE MORTGAGE TO SECURE PAYMENT OF MONEY.
THIS INDENTURE, made this sixteenth day of May, in the year of our Lord, one thousand eight hundred and seventy-two, between William Stocker, of Peoria, County of Peoria, and State of Illinois, and Olla, his wife, party of the first part, and Edward Singer, party of the second part.
Whereas, the said party of the first part is justly indebted to the said party of the second part, in the sum of Two Thousand dollars, secured to be paid by two certain promissory notes (bearing even date herewith) the one due and payable at the Second National Bank in Peoria, Illinois, with interest, on the sixteenth day of May, in the year one thousand eight hundred and seventy-three ; the other due and payable at the Second National Bank at Peoria, Ill., with interest, on the sixteenth day of May, in the year one thousand eight hundred and seventy-four.
Now, therefore, this indenture witnesseth, that the said party of the first part, for the better securing the payment of the money aforesaid, with interest thereon, according to the tenor and effect of the said two promissory notes above mentioned ; and, also in consideration of the fur- ther sum of one dollar to them in hand paid by the said party of the sec- ond part, at the delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, and conveyed, and by these presents do grant, bargain, sell, and convey, unto the said party of the second part, his heirs and assigns, forever, all that certain parcel of land, situate, etc.
[ Describing the premises.]
To have and to hold the same, together with all and singular the Tenements, Hereditaments, Privileges and Appurtenances thereunto
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ABSTRACT OF ILLINOIS STATE LAWS.
belonging or in any wise appertaining. And also, all the estate, interest, and claim whatsoever, in law as well as in equity which the party of the first part have in and to the premises hereby conveyed unto the said party of the second part, his heirs and assigns, and to their only proper use, benefit and behoof. And the said William Stocker, and Olla, his wife, party of the first part, hereby expressly waive, relinquish, release, and convey unto the said party of the second part, his heirs, executors. administrators, and assigns, all right, title, claim, interest, and benefit whatever, in and to the above described premises, and each and every part thereof, which is given by or results from all laws of this state per- taining to the exemption of homesteads.
Provided always, and these presents are upon this express condition, that if the said party of the first part, their heirs, executors, or adminis- trators, shall well and truly pay, or cause to be paid, to the said party of the second part, his heirs, executors, administrators, or assigns, the afore- said sums of money, with such interest thereon, at the time and in the manner specified in the above mentioned promissory notes, according to the true intent and meaning thereof, then in that case, these presents and every thing herein expressed, shall be absolutely null and void.
In witness whereof, the said party of the first part hereunto set their hands and seals the day and year first above written.
Signed, sealed and delivered in presence of
JAMES WHITEHEAD,
WILLIAM STOCKER. [L.S.]
FRED. SAMUELS.
OLLA STOCKER. [L.S.]
WARRANTY DEED WITH COVENANTS.
THIS INDENTURE, made this sixth day of April, in the year of our Lord one thousand eight hundred and seventy-two, between Henry Best of Lawrence, County of Lawrence, State of Illinois, and Belle, his wife, of the first part, and Charles Pearson of the same place, of the second part.
Witnesseth, that the said party of the first part, for and in consideration of the sum of Six Thousand dollars in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted. bargained, and sold, and by these presents do grant, bargain, and sell, unto the said party of the second part, his heirs and assigns, all the fol- lowing described lot, piece, or parcel of land, situated in the City of Law- rence, in the County of Lawrence, and State of Illinois, to wit :
[Here describe the property.]
Together with all and singular the hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof ; and all the estate, right, title, interest, claim, and demand whatsoever, of the said party of the nrst part, either in law or equity, of, in, and to the
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ABSTRACT OF ILLINOIS STATE LAWS.
above bargained premises, with the hereditaments and appurtenanees. To have and to hold the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns, forever. And the said Henry Best, and Belle, his wife, par- ties of the first part, hereby expressly waive, release, and relinquish unto the said party of the second part, his heirs, executors, administrators, and assigns, all right, title, elaim, interest, and benefit whatever, in and to the above described premises, and each and every part thereof, which is given by or results from all laws of this state pertaining to the exemption of homesteads.
And the said Henry Best, and Belle, his wife, party of the first part, for themselves and their heirs, executors, and administrators, do covenant, grant, bargain, and agree, to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents they were well seized of the premises above conveyed, as of a good, sure, perfeet, absolute, and indefeasible estate of inheritance in law, and in fee simple, and have good right, full power, and lawful authority to grant, bargain, sell, and convey the same, in manner and form aforesaid, and that the same are free and elear from all former and other grants, bargains, sales, liens, taxes, assessments, and encumbrances of what kind or nature soever; and the above bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will warrant and forever defend.
In testimony whereof, the said parties of the first part have hereunto set their hands and seals the day and year first above written.
Signed, sealed and delivered
in presence of
JERRY LINKLATER.
HENRY BEST, [L.S. ]
BELLE BEST. [L.S.]
QUIT-CLAIM DEED.
THIS INDENTURE, made the eighth day of June, in the year of our Lord one thousand eight hundred and seventy-four, between David Tour, of Plano, County of Kendall, State of Illinois, party of the first part, and Larry O'Brien, of the same place, party of the second part,
Witnesseth, that the said party of the first part, for and in considera- tion of Nine Hundred dollars in hand paid by the said party of the sec- ond part, the receipt whereof is hereby acknowledged, and the said party of the second part forever released and discharged therefrom, has remised, released, sold, conveyed, and quit-elaimed, and by these presents does remise, release, sell, convey, and quit-claim, unto the said party of the second part, his heirs and assigns, forever, all the right, title, interest,
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ABSTRACT OF ILLINOIS STATE LAWS.
claim, and demand, which the said party of the first part has in and to the following described lot, piece, or parcel of land, to wit :
[Here describe the land.]
To have and to hold the same, together with all and singular the appurtenances and privileges thereunto belonging, or in any wise there- unto appertaining, and all the estate, right, title, interest, and claim whatever, of the said party of the first part, either in law or equity, to the only proper use, benefit, and behoof of the said party of the second part, his heirs and assigns forever.
In witness whereof the said party of the first part hereunto set his hand and seal the day and year above written.
DAVID TOUR. [L.S.] Signed, sealed and delivered
in presence of THOMAS ASHLEY.
The above forms of Deeds and Mortgage are such as have heretofore been generally used, but the following are much shorter, and are made equally valid by the laws of this state.
WARRANTY DEED.
The grantor (here insert name or names and place of residence), for and in consideration of (here insert consideration) in hand paid, conveys and warrants to (here insert the grantee's name or names) the following described real estate (here insert description), situated in the County of in the State of Illinois.
Dated this - day of - A. D. 18 -.
QUIT CLAIM DEED.
The grantor (here insert grantor's name or names and place of resi- dence). for the consideration of (here insert consideration) convey and quit-claim to (here insert grantee's name or names) all interest in the following described real estate (here insert description), situated in the County of - in the State of Illinois.
Dated this - day of - A. D. 18 --.
MORTGAGE.
The mortgagor (here insert name or names) mortgages and warrants to (here insert name or names of mortgagee or mortgagees), to secure the payment of (here recite the nature and amount of indebtedness, showing when due and the rate of interest, and whether secured by note or other- wise), the following described real estate (here insert description thereof), situated in the County of - - in the State of Illinois.
Dated this -- day of - A. D. 18 --.
RELEASE.
KNOW ALL MEN by these presents, that I, Peter Ahlund, of Chicago, of the County of Cook, and State of Illinois, for and in consideration of One dollar, to me in hand paid, and for other good and valuable considera-
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ABSTRACT OF ILLINOIS STATE LAWS.
tions, the receipt whereof is hereby confessed, do hereby grant, bargain, remise, convey, release, and quit-claim unto Joseph Carlin of Chicago, of the County of Cook, and State of Illinois, all the right, title, interest, claim, or demand whatsoever, I may have acquired in, through, or by a certain Indenture or Mortgage Deed, bearing date the second day of Jan- uary, A. D. 1871, and recorded in the Recorder's office of said county, in book A of Deeds, page 46, to the premises therein described, and which said Deed was made to secure one certain promissory note, bearing even date with said deed, for the sum of Three Hundred dollars.
Witness my hand and seal, this second day of November, A. D. 1874. PETER AHLUND. [L.S.]
State of Illinois, Cook County. SS. I, George Saxton, a Notary Public in and for said county, in the state aforesaid, do hereby certify that Peter Ahlund, personally known to me as the same person whose name is subscribed to the foregoing Release, appeared before me this day in NOTARIAL J person, and acknowledged that he signed, sealed, and SEAL. delivered the said instrument of writing as his free and voluntary act, for the uses and purposes therein set forth.
Given under my hand and seal, this second day of November, A. D. 1874.
GEORGE SAXTON, N. P.
GENERAL FORM OF WILL FOR REAL AND PERSONAL PROPERTY.
I, Charles Mansfield, of the Town of Salem, County of Jackson, State of Illinois, 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 testament, in manner following, to wit:
First. I give, devise and bequeath unto my oldest son, Sidney H. Mansfield, the sum of Two Thousand Dollars, cf bank stock, now in the Third National Bank of Cincinnati, Ohio, and the farm owned by myself in the Town of Buskirk, 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.
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