Records of the Town of Warren 1891-1895, Part 28

Author: Warren (Mass.)
Publication date: 1891
Publisher: Warren (Mass.)
Number of Pages: 588


USA > Massachusetts > Worcester County > Warren > Records of the Town of Warren 1891-1895 > Part 28


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One bay mare, about nine years old known as the Geo. Moore's mare of Thorn dike.


One Jersey, heifer about three years old known as the mark Smith heifer. One two year old heifer come from Frank alexanders. One large cow, about seven years old, known us the Sudler cow, come from F. Alexanders, Belchertown mass,


To have and to hold all and singular the said goods und chattles to the said Henry Davis and his executors, administrators, and assigns, to their own use and behoof forever.


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475


Und I hereby covenant with the vendee that said C.A. Tuttle the lawful owner of the said goods and chattles; that they are free from all incumbrances, that I have good right to sell the same as aforesaid, and that I will. warum and defend the same against the lawful claims and demands of all persons.


Provided nevertheless that if I, or muz executors, administra- tors, or assigns, shall pay unito the vender, or his executors, administrators, or assigns, the sum of two hundred dollars on demand, said note given april 16, 1894, at six per cent per annum - in - from this date, with. interest as stated in said note of even date signed by me, and until such payment shall keep the said. goods and challles insured against fire in a sum not less than two hundred dollars for the benefit of the vende and his executors, administrators, and assigns, in such form and in such Insurance Companies asthey shall approve; shall not maste or destroy the said goods. and chattles, now suffer them or any part thereof to be attached on meine process, and shall not, except with the consent in writing of the vender or his representati- ves, attempt to sell or to remove from Harren mass, Worcester bounty the same or any part thereof, then this deed, as also the aforesaid note, shall be void. But upon any default in the performance or observance of the fore going condition, the vendee, or his executors, administrators, or assigns, may sell the said goods and chattles at public auction, first giving five days notice in writing of the time and place of sale to H.A. Tuttle or his representatives, or publishing such notice once a week for three successive weeks in some one newspaper published in said Warren. and oil of the money arising from such sale the verde, or his representatives Shall be entitled to retain all sums then secured by this mortgage, whether then or there after payable, including all costs, charges, and expenses incurred or sustained by him or them in relation to the said property, or to discharge any chain of liens of third persons affecting the same; rendering the


476 |


Surplus, if any, to him on his executors , administrator or assigns. Und it is agreed that the sender, or his executors, administrators, or assigns, or any person or persons in their behalf, may purchase as any sale made as aforesaid; and that until default in the performant or observance of the condition of this deed land nu executors, administrators, and assigns, may retain possession of the above mortgaged property and may use and enjoy the same, but after such default, the vendee of those claiming under him may take immediate possession of said property and for that purpose may, so far as I can give authority therefor, enter upon any premises on which said property or any part there of may be situated, and remove the same therefrom.


In witness whereof the said Herbert N. Tuttle hereunto set my hand and seal this 16 day of U pril in the year one thousand eight hundred and ninety 4 Signed and sealed


in presence of N. E. meller ( O. S. States


Herbert V. Tuttle (Seal)


Received and recorded april 17th 1894 at 8 o'clock W. m.


attest, Chas BBlair Town Herk


477


Know all more by these presents that Ventil Smith of Haven, Worcester County, Massachusetts in consider. ation of five hundred dollars paid by ihave a. Lincoln of said. Warren the receipt there of is Hereby acknowledged, do hereby grant, sell, transfer and deliver into the said Have a Lincoln the following goods and chattles, namely;


Two yearling heifers, one yearling bull, one Source horse, one one house tip Cars and harries for same, one hay wagon, one, one horse flow, one stone boat, one grind stone (a large one) two other plows, I bugs, about 20 hours, 3 chaines, 20 Cider barrels, also all the other farming that's, und implements, and all the other personal property of every name nature kind or description in the barn. Sheds and house & ufor the farm now occupied by me in said Warren, and also all the personal property which becomes nune, during the continuance of this mortgage. To have and to hold all and singular the said goods and chattles to the said many a. Lincoln and her executors, administrators, and assigns, to their own use and behoofforever.


and I do hereby covenant with the vender thank am the lawfull owner of the said goods and chatles. that they are free from all incumbrances, that I have good right to sell the same as aforesaid, and that I will marrant and defend the same against the lawful claims and demands of all persons,


Provided nevertheless that if I or my executors, adminis- trators, or assigns shall pay unto the verde, or her executors, administrators, or assigns, the sum of five hundred dollars, on demand from date, and with interest at the rate of ten per cent per annum Payable semi annually, as stated in a note of even date signed by me, and until such payment shall keep the said goods and chattles insured against fire in a sum not less than - dollars for the benefit of the vender and her executors, administrators,


478


and assigns, in such form and in such Insurance Companies as they shall approve; shall not waste of destroy the said goods and chattles, nor suffer then or any part thereof to be attached on meine proces and shall not, except with the consent in writing of the vender or her representatives, attempt to sel or to remove from said Haven the same or any part thereof, then this deed, as also the aforesaid note , shall be void . "


But upon any default in the performance is observance of the foregoing condition, the reader, or Hov executors, administrators, or assigns, may sell the Laid goods and chattles at public auction, first notifying, the debtor, in the manner provided in sects. seven of chapter one hundred and ninety-two of the Public Statutes , of the time and place of any sale to be made in foreclosure proceedings at least seven days before such sale, and out of the money arising from inch sale the vender or his representatives shall be, entitled to retain all sums then secured by this mortgage, whether then or thereafter payable, including all costs, charges, and expenses incurred or sustained. by her or them in relation to the said property, auto discharge any claims or liens of third persons affecting the same; rendering the surplus, if any, to me on executors, administrators, or assigns,


and it is agreed that the vendee, or her executors, administrators, or assigns, or any person or persons in their behalf, may purchase at any sale made as aforesaid; and that until default in the performance or observance of the condition of this deed land my executors, administrators, and assigns, may ritain possession of the above mortanged property and may use and enjoy the same, but after such default, the sender or those charming under her may take immediate possession of said property and for that purpose may, so far as I can give authority therefor, enter upon any premises on which said property any part there of may be situated, and remove the


479


same therefrom.


In witness whereof Ithe said Newell Smith have hereunto set my hand and seal this 23rd day of april in the year one thousand eight hundred and ninety four Signed and sealed in presence of A.M. Lincoln Newell Smith (Seal)


Received and recorded april 25th, 1894 at 7-32 o'clock a. m.


attest Chass, Blair Dome Kerk


Know all men by these Presents, That , Moses S. Murray of Nansen in the Country of Worcester in consideration of Seventy five dollars to me paid by H. M. boney of Hare, Mass the receipt whereof I do hereby acknowledge, do hereby assign and transfer to said H. M. toney all claims and demands which I now have, and all which, at any time between the date hereof and the first day of October next, I may and shall have against the Inhabitants of the Town of Haven, mass for all sums of money due, and for all sums of money and demand which, at any time between the date hereof and the said first day of October next, may and shall become dice to me, for services as Harden of Town Farm to have and to hold the same to the said H. M. toney his executors, administrators, and assigns, forever.


and I. Moses S. Murray do hereby constitute and appoint the said It. M. Covey and his assigns, to be my attorney irrevocable in the premises, to do and perform. all acts, matters and things touching the premises, in the like manner to all intents and purposes, as I could if personally present.


In Fitness Whereof, I have set my hand and seal, this twenty fifth day of april 1894, Signed, sealed, and Leo. Bliss


delivered, in presence of Y Moses S. Murry (Seal)


8-39 O'clock a. M. attest Cha B. Blair Town Berk.


2


7


480


know all men by these Presents. Thatd. I. T. Folket of Harren in the Bounty of forced in consideration of money & Thenchavidite to me paid by Edward Fairbanks of Damen the receipt mircofel de heredia acknowledge, de hereby action und transfer to said Edward Fairbanks att claims and demands which I now have, and abientich, at any time tieen the date hereof and the First day & Thay 195 Sanay and shall have against The Town of Haven for all evans of money due and You all curs of money and demand much, at any time between the date hereof and the said first day of May 1805 may and shall become due to me, for services as Laborer to have and to Hold the same to the said Edward Fanbanks This executors, administrators, and assigns forever. and Jason T. Folket do hereby constitute and about the said Edward Fairbanks and his designs, to be my alloraen inrevocable in the premises, to do and Reform attracts, matters and things touching the premises, in the like manner to all intents and purposes av. could is reasonably present . In Fitness Thereof , I have set imy hand and deal, this Inently Eighth day of april 1894 signed, Sealed and delivered


Nho presence of that S Griswold


4 jason Q. Fisket.


Received and recorded. april 28 th 1894 at 9- 15 o'clock Q.m.


Attest Chas B. Blair


481


Know all muen by these presente that ! Button of Haven Worcester County, Massachusetts, in consider ation of one hundred dollars to me waiting ilbert Lincoln of sand Hatten, tie socks Be mich do Hereby acknowledge, de biliin action and transfer to said Lincoln all claims and demands mich Snow have and all which at any time hereafter may and shall have against Elbridge Needham of wales for all sums of money due and for ai Jums of money and demand much at an terie hereafter may and shall become due to me for services or labor of self or man or men and team or teams drawing sand, gravel or for any other labor or service. To Have and to hold the same to the said Albert Lincoln His executors, administrators and assigns forever, and I the said E. L. Button de hereby constitute and appoint the said albert It. Lincoln to be my true attorney irrevocable in the promises to do died perform all acts watters and things touching the premises in the like manner. to all intents and purposes and I could if besionally. present, In nitress whereof I have herevento set new hand and seal This the Inenty eighth day of" abril a. D. 1894. In presence of E. L. Button ( Seal) Florence P.Lincoln >


Received and recorded april 30 th 1894 at 7-30 oclock a. m.


attest Chas B. Blair


482


ation of one hundred dotiais paid be Cibert it Vaccine of said Flavien the receipt dohereof is Youby acknowledged, de hereby grant, sell, tousles and deliri unto the said albert Vincoli the following goods and chattles, namely:


Que distant house, with white face about 9 years vid, Cui Democrat Hacon, one breast plate harnes To have and to hold all and singular the said goods and choattles to the said albert W. Lincoln and this executors, administrators, and assigns, to their own use and behoof Forever.


and I do hereby covenant with the vender that Sam the lawful owner of the said goods and chatle that they are free from all incumbrances, that I have good right to sell the same as aforesaid; and that I will warrant and defend the same agains the lawful claims and demands of all persons Provided nevertheless that if I, or my executors, administrators, or assigns shall pay unto the vendee, or his executors, administrators, or assigns. the dun of one hundred dollars on demand From date, and with interest as written in a certain note of even date herewith signed by me, und unter such par ment shall keep the sand Goods and chattes insured account give it a sum not less than - dollars for the benefit of the venda and his executors, administrators, and antiques, in euch form and in such Insurance Companies as they shall approve, shall not waste or destroy the said goods and chatles, wo suffer them or any part thereof to be attached on meine process, and shall not accept with the content in writing of the vendee or his representatives, attentes to sell or to remove from said Warren the same or any part thereof, then this deed, as also the aforesaid note, shall be void,


But néon any default in the performance or


483


observance of the foregoing condition, the vender, or his executors, administrators, or assigns may sell the said. goods and challes at public auction. First notifying the debtor, in the manner provided in section seven of chapter one hundred and ninety lot of the Public Statutes, of the time and place of any sale to be made in foreclosure proceedings at least seven days such sale the sender or his representatives shall be entitled to retain all sims then secured bu this mortgage, mutter then or thereafter payable, includ una all costs, charges, and expenses incurred M sustained by him or them in relation to the said property, or to discharge any claims or liens of third persone afectiva the same; undering the sickles, if any to meet or my executors, administrators, or actions.


and it is agreed that the vendee, or his executors, administrators, or assigns, or any person or persons in their behalf, may purchase at av vale made as aforesaid; and that until defacult in the performance or observance of the condition of this deed land my executors, administrators, and assigns, may retain possession of the above mortgage Brokerte and may use and enjoy the same, but after such default, the murder of those claiming wirder him may take immediate possession of said property and for that purpose may, so far as I can give authority there for, enter upon any previews zu which Said property or any part there of may be situated, and remove the same therefrom. Is witness whereof I the said Sorry, Semine have herennito set mu hand and sial this 28th day of apie in the year one thousand eight hundred und ninety four. Signed and sealed in presence of Florence B. Lincoln I Carry Cronin (Scal)


Foran Clock


Allest Chas B. Blan.


484


R. Hou G. Freeman, & Hair, in the County of Vocêto, and Commonwealth of Hawachiesetl's, married woman, hereby certify that the name of my husband is Sochua Freeman, that I am doing and propose to do business on my sole and separate account, free From the control of said husband, that the nature of the business proposed to be done by me is that of carrying on a farm, or farming, including the raising of farm products, cattle, stock and horses and the buying and selling of the same, and that the place where such business is to be done is at the farm situated in the part of said Harres known as South Haven, which is bounded Northerly by land of the Estate of Ely MC Cormick, Eastall be Land of addison Benis, Southerny To Land of Elbert Dennis, Westerly bu land of Bekler Eddy und Land of Samuel .V. Gleason containing 2,50 acres more or less and known as the Coddes Tari, now occupied by ane.


Go withmees whereof I hercunto sit muy hand


this Tenth day of May. A. D. 189KL. Signedin the presence of


Emuma Worten


Mary E. Freenvan Commonwealth of Massachusetts. Arcester S.S. 16: 10ch 1894 There personally appeared the above named Har 6. Freencan, and made on the that the wave certificate by her signed is true, Before ane, Milllane St. Kelley Justice of the Place. Received and recorded May 10th 1894 at 5-34, 'clock P. M.


attest Chas. 3. Blair


Tonno Clark


1


485


know all mon by these presents that I Grillandi B. Hall, Sala ren Massachusetts, ii consideration of seventy five dollars paid by George of Mellen of Vocester "maleachiwetts the receipt mieriof is hereby. actionlodged, do hereby grant, sill, transfer, and deliver unto the said Bingo HO Tellen the following goods and chattles, namely!


Two diamond pins, one heart fine, 1 brilliant sin + one plain gold kin, being the same that are now supposed to be in the possession or custody of Willard Doison


To have and to hold all and singular the said goods and chattles to the said Georged. Hellen and This executors, administrator, and adiques, to their own use and behoof forever.


Gund I hereby covenant with the vender that can the lawful owner of the said goods and chattles, that they are free from all incumbrances; that's have good right to sell the same as aforesaid; and that I will marrant and defend the same against the lawful claims and demands of all persons. Provided, nevertheless, that if I, ao mi executors, administrators, or assigna, shall par; into the sender, or his executors, administrators, or assigns, the same of seventy five dollarsone demand from this date, .En interest as stallet in a mote of eran date siqued fre; shall not waste or destroy the said goods and chattles nor du fer them for any part thereof to be attached on mesure process, and shall not except with the courent no muting of the vinder or his representa- tives, attempt to sell or to remove from Harren or Worcester the same or any part thereof, then this deed, as also the aforesaid note, shall be void. But upon any default in the performance or observance of the foregoing condition, the venda or his executors, administrators, or assigns, may sell the said goods and chattles, at public auction, first giving 3 days notice in writing of


486


the time and price of sale to me or my represen atives, or publishing such notice once a neck for three successive nieks in some one newspaper published in said Harren.


andeat of the money anding your such sale the vendee, or his representatives shall be entitled to retain all sums then secured by this mortgage whether there or thereafter payable, including an costs, charges, and ce penses incurred or sustained buy them in relation to the said property, or to discharge any chiens or liens of third persons affecting the same; rendering the surplus, if an to me or my executors, administrators, or assigns And it is agreed that the wonder, or his executors administrators, or assigns, or any person or persons in their behalf, may purchase at any Vais made as afreesaid; and that until default viv the performance or observance of the condition of this deed, I and my executors, administrators, and assigns, may retain possession of the above mort caged property and may use and envioy the same, but after such default, the vender or theu claiming under Ciem may take immediate possession of said property, and for that purpose may, so far as I can gir authority therefor, curta upor, aw premises one which said property or any part there of may be situated, and remove the same therefrom.


In antres where of the said Philander Great So Hereun Ist my hand and scal this eleventh day of Thay in the year one thousand eight hundred and ninety form Signed, and sealedin


in presence of /PhilanderCall & (Seal)


Received and recorded May. 12th 1894 at 2-14 o'clock O. m.


attest Chas . Blair


487


Know ail min to these presents that , Benjamin 6. 6. Weld of West Warren in Warren in the bounty + Worcester and Commonwealth of Massachusetts in consideration of Forty-eight + 42/100 Dollars paid be William 36. Heller of Warren afousaid the wayet winning L' autor acknowledged, do turchi grant, dell, transfer, and deliver 1. . to tv Laid Willian St. Kelley the following Guds and chattles, namely;


one E. G. incorria alco sase which now has the name of ethan I. Hall painted on it, one soda fountain and the appa rature used therewith mus stock of deres, all en stock of bikes, tobacco, cigars and cigarettes all my stock of fruit. all my patent medicines, all my regular medicines, all muy library of books used in a drug store all meu shelf bottles, all my drugs and medicines and all the shop tools, supplies, sundries and miscellaneous articles now in my drug-store; all my fixtures in said store and verrally all the clock, drugs, medicines, goods, chatties and Sundries of whatever name kind or description which are now in the drug store owned by me in the building owned by Joseph E Lombard on the northaly side of Main Street in the Village of West Haven in said Narren which is now known as the West End Pharmacy including show cases and store furniture, Ialso for the consideration aforesaid hereby, grant, sell, transfer and deliver cento said kelley, all other goods, chattles stock. and fixtures which may be added to my present stock of goods and chuttles while this mortgage is in force, This mortgage is given subject to a certain first mortgage to said William It Milley dated august 13, 1893 and recorded in the records of the Town of Harren of Mortgages of Personal Property in Book E. Page 380, also to a certain mortgage to one . Choices dated Feb.23,194 und recorded in the said Records of the Town of Harren in Book', Gage 447. Said mortgage to said Shines has been assigned to one Lymare Moore, This mortgage is also given subject to another ferior mortgage to Laid Kelley stated april 12, 1894 and recorded in the Records of the said Town of Warren Libro & folio 469.


488


To have and to hold all and singular the said go and chattles to the said William 26. Kelley and his executors, administrators, and asiques, to their own use and behoof forever.


and I do hereby covenant with the vendee that Ican the lawful owner of the said goods and chattles; that they are free from all incumfrances, except sa mortgages to said Kelley and said mortgage to said Glines assigned to said moore that I have good right to sell the same as aforesaid; and that will marrant and defend the same against the lawful claims and demands of all persons excep as aforesaid,


Provided, nevertheless, that if I, or muy executors, adminis trators, or assions, shall pay into the vendee, or his executors, administrators, or assigns, the sum of Forty eight & #2/10 dollars on demand from this day with interest as stated in amote of even date signe be me, and until such payment shall keep the sa goods and chattles insured against fire in a sum not less than Four Hundred dollars, for the benefit of the verdee, and lies executors, administrators, and addigus, in such form and in such Insurance Companies as they shall approve; shall not waste or destroy the sand goods and chattles, mor suffer them. or any part thereof to be attached on mesne process, and shall not except with the consent in writing of the vender or his representatives, attempt to sell or to remove from the Village of West Harren aforesand the same or any part thereof, then this deed, as also the aforesaid note, shall be void.


But upon any default in the performance or obser. ance of the foregoing condition, the vender, or his executors, administrators, or assigns, may sell the Laid goods and charles, at public auction, first giving 10 days notice in writing of the time and play of sale to mic or my representatives, or publishing such molice once a week for three successive weeks in some one newspaper published in said County


489


Worcester, and out of the money arising from such sale the vender, or this representatives shall be cutilied to retain all sums then secured by this mortgage, muther then on thereafter payable, including all costs charges, and expenses incurred or sustained by him or them in relation to the said property, or to discharge any claims or liens of third person's affecting the same, rendering the surplus, if any to me on my executors, administrators, or assigns.


and it is agreed that the vender, or his executors, administrators, or assigns or any person or persons in their behalf, may purchase at any sale made as aforesaid, and that unitil default in the performance or observance of the condition of this deed, I and my executors, administrators, and assigns, may retain possession of the above mortgaged property, andman use and enjoy the same, but after such default, the verdee or those claiming under him may take immediate possession of said property, and for that purpose may, so far as I can give authority there for, enter upon any premises on which said property or any part there of may be situated, and remove the same therefrom.




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