History of Green County, Wisconsin. Together with sketches of its towns and villages, educational, civil, military and political history; portraits of prominent persons, and biographies of representative citizens, Part 39

Author: Union publishing company, Springfield, Ill., pub. [from old catalog]
Publication date: 1884
Publisher: Springfield, Ill., Union publishing company
Number of Pages: 1168

USA > Wisconsin > Green County > History of Green County, Wisconsin. Together with sketches of its towns and villages, educational, civil, military and political history; portraits of prominent persons, and biographies of representative citizens > Part 39

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The result of submitting the question of lo- cating the seat of justice to a vote of the peo- ple, is best described by giving from the county records the statistics as to the number of votes polled and the descriptions of the places voted for, premising that three elections were held before the matter was finally settled; one ou the 6th day of June, 1839; a second, on June 18, 1839; and a third and last one, Ang. 5, 1839. FIRST ELECTION.

"An election was held at the house of Jacob Andrick in the town of New Mexico, Green county, on the 6th day of May, A. D. 1839, for the purpose of establishing the county seat of Green county.

"There were three locations voted for-one of Andrick, Wilcoxon and Sutherland, which was described as follows: 'On the half-mile stake, south side of section No. 25, in township No. 2, of range No. 7 east'-sixty-eight votes.

"The second site voted for was owned by Payne, Ly Brand and Russell, located on the south half of the northeast quarter of the south- west quarter of section 35 and the north half of the southeast quarter of the southeast quarter of section No. 35 and the north half of the west half of the southwest quarter of section 35, all of township 2 north, of range 7 east-which re- ceived sixty-seven votes.

"The third place voted for was Roscoe, which received one vote."

SECOND ELECTION.

"An abstract of votes given at an election held at the house of Jacob Andrick, in the town of New Mexico, in the county of Green, and Territory of Wisconsin, on the 18th day of June, A. D. 1839, for the purpose of establish- ing the seat of justice of Green county: For Andrick and Sutherland, south side of section No. 25, township 2 north, of range 7 east, had seventy-one (71) votes.

"For Payne, Ly Brand and Russell, south half of northeast quarter of southwest quarter

of section 35; north half of southeast quarter of southwest quarter of section 35; north half of west half of southwest quarter of section 35; east half of southeast quarter of section 34, of township 2, of range 7 east-had seventy (70) votes.

"For Jacob Andrick, south part of west half of northwest quarter of section No. 2; south. part of east half of northeast quarter of section No. 3, township 1 north, of range 7 east-re- ceived one (1) vote."

THIRD ELECTION.

"An abstract of votes given at an election held at the house of Jacob Andrick, in the town of New Mexico, in Green county, and Territory of Wisconsin, on the 5th day of August, A. D. 1839, for the purpose of establishing the seat of justice of said Green county:

"Payne, Ly Brand and Russell had seventy- nine (79) votes for county seat, on sections No. 34 and 35, in township 2 north, range 7 east. "D. S. Sutherland and Andrick had seventy- four (74) votes for county seat on section No. 2, in township 2 north, of range 7 east."

This gave the county seat, by a majority of five votes, to Ly Brand, Payne and Russell, and the county seat contest was ended.

Before the last election came off the Ly Brand, Payne and Russell combination executed to the county the following bonds:

"Know all men by these presents that I, Jacob Ly Brand, as principal, and Hiram Rust, Andrew Clarno, . Wm. Blunt as sureties, are each and all of us firmly held and bound unto the county of Green, in the Territory of Wis- konsin in the penal sum of ten thousand dollars to the payment of which well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators and assigns firmly by these presents. The condition of the above ob- ligation is such that if at an election to be holden on this day, August fifth, for the purpose of lo- cating the seat of justice of the said county of Green, the site which shall be chosen shall be the north half of the west half of the southwest quarter of section number thirty-five (35) in township number two (2) of range number seven (7) east, and the north half of the east

265

HISTORY OF GREEN. COUNTY.

half of the southwest quarter of section num- ber thirty-five (35) in township number two (2) of range number seven (7) east, and the east half of the southeast quarter of section number 34, in township number two (2) of range number seven (7) east, then and in that case the above bounden James LyBrand shall in the course of twenty days from this date make or cause to be made a good and sufficient warranty deed for the north half of the west half of the southwest quarter of sec- tion number thirty-five (35) in township number two (2) of range number seven (7) east, con- taining forty acres more or less, to be applied to the erection of a court house and other coun- ty buildings, and ordinary county purposes, the above named Jacob LyBrand reserving the rails to be removed by him, also this year's crop, the said county of Green before offering any portion of the whole of the above described lands for sale shall make a good and sufficient warranty deed to the said Jacob LyBrand for one building lot facing on the public square, which the said Jacob Ly Brand may select, and five other building lots from any part of the town which shall be laid off on any part of the above described lands, except facing on the pub- lic square. The town to be laid off under the direction of the following named gentlemen or those among them who will attend, namely: Adam Starr, Daniel Harcourt, John Chryst, James Hawthorn and Allen Woodle, they con- stituting a committee appointed at a county meeting to select sites to be voted for the seat of justice.

"In witness whereof the said Jacob Ly Brand [Hiram Rust, Andrew Clarno and William - Blunt], have hereunto set, our hands and seals this fifth day of August, one thousand eight hundred and thirty-nine.

"Signed, sealed and delivered in pres- ence of

James Hawthorn,

. Stephen Clarno.

Jacob Ly Brand [L. s.] Hiram Rust [L. s.]

Andrew Clarno [L. s.] William Blunt [L. s.]

"Attest, William Rittenhouse,

"Register."

"Know all men by these presents that I, Jos- eph Payne, as principal, and Hiram Rust, An- drew Clarno and Stephen Clarno as sureties, are each all of us firmly held and bound unto the county of Green, in the Territory of Wiskon- sin, in the penal sum of ten thousand dollars, to the payment of which well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators and assigns firmly by

these presents. The condition of the above obligation is such, that if an election to be holden on this day, Angust fifth, for the pur- pose of locating the seat of justice of said county of Green, the site which shall be chosen shall be the north half of the west half of the southwest quarter of section number thirty-five(35) in township number two (2) of range number seven (7) east, and the north half of the east half of the southwest quarter of section number thirty-five (35) in township number two (2) of range number seven (7) east, and the east half of the southeast quarter of section number thirty-four (34) of township number two (2) of range num- ber seven (7) east, then and in that case the above bounden Joseph Payne shall in twenty days from this date make or cause to be made a good and sufficient warranty deed to the said county of Green for the following described land, namely, the north half of the east half of the southwest quarter of section number thirty- five (35) in township number two (2) of range number seven (7) east, containing forty acres more or less to be applied to the erection of a court house and other county buildings, and or- dinary county purposes. The publie square to be placed in the center of the north half of the west half of the southwest quarter of section number thirty-five (35) in township number two (2) of range number seven (7) east. The above named Joseph Payne reserving the rails as also this year's crop for his use to be removed by him.

"In witness whereof the said Joseph Payne, Hiram Rust, Andrew Clarno and Stephen Clarno have hereunto set our seals this fifth day of August, one thousand eight hundred and thirty-nine.

"Signed, sealed and delivered in pres- ence of

Joseph Payne. [L. s.] Hiram Rust. [L. s.] Andrew Clarno. [L. S.] Stephen Clarno. [L. s.]

- William Blunt, Cutlar Wilkins. "Attest Wm. Rittenhouse, Register."

"Know all men by these presents that I, Wil- liam S. Russell, of Winslow, in the county of Stephenson and State of Illinois, am firmly bound unto the county of Green, Wisconsin Territory, in the penal sum of ten thousand dollars, and do by these presents bind myself, my executors, administrators and assigns, to the payment thereof well and truly to be made. The condition of the above obligation is such that if at an election to be holden on the fifth day of August, Anno Domini eighteen hundred

266

HISTORY OF GREEN COUNTY.

and thirty-nine, for the purpose of locating the seat of justice for said county of Green, the site which shall be chosen therefor shall be the north half of the west half of the southwest quarter of seetion number thirty-five, in town- ship number two of range number seven east, or the north half of the east half of the south- west quarter of section number thirty-five, in township number two of range number seven east, or the east half of the southeast quarter of section thirty-four, township number two of range number seven east, then the above bonn- den Wm. S. Russell shall in the course of four months from this date or sooner if conveniently may be, execute a good and sufficient deed of the last described tract or parcel of land, name- ly, of the cast half of the southeast quarter of section number thirty-four, in township number two of range number seven east, containing eighty acres of land more or less. The south part of said described land, namely, forty aeres thereof to be applied to the erection or estab- lishment of a seminary of learning adapted to the wants of stid county, whenever the citizens of said county may consider it expedient so to apply the same, and the north part of said tract to be applied, namely, forty acres thereof to the erection of suitable county buildings for the transaction of county business and other ordi- nary county purposes.

"In witness whereof I have hereunto set my hand and seal this third day of August, 1839. "Signed, sealed and

delivered in pres-

Wm: S. Russell. [seal] ence of

Wm. Boyls.

"Attest, William Rittenhouse, Register."

The number of votes polled at the first elec- tion was 136; at the second, 142; at the third, 153. As the eastern portion of section 34, and the western portion of section 35, in township 2 north, of range 7 east, was definitely fixed upon as the future capital of Green county, it only needed that the "Ly Brand, Payne and Russell" combination should execute to the county their proposed gifts. This was done by the following deeds:

" This indenture, made and entered into this twenty-fourth day of August, one thousand eight hundred and thirty-nine, between Jacob Ly Brand, of the county of Green, in the Ter- ritory of Wiskonsin of the first part, and the county of Green in the Territory of Wiskousin

of the second part: Witnesseth, that the said Jacob Ly Brand of the first part, for and in consideration of the sum of one dollar in hand, paid by the said county of Green, the receipt whereof is hereby confessed and acknowledged, and in consideration of the benefits and advan- tages derived, and to be derived in consequence of the land hereinafter described, being part of the lands selected as the site for the erection of the court house and other county buildings, and ordinary county purposes, and in consideration of the said county of Green making a good and sufficient warranty deed to the said Jacob Ly Brand for one building lot facing on the public square, and five other building lots not facing on the public square, the said Jacob Ly Brand to make such a selection as he may think proper; (the town to be laid off under the direction of the following named gentlemen, or those among them who will attend to the same, namely: Adam Starr, Daniel Harcourt, John Chryst, James Hawthorn and Allen Woodle). Have given, granted, bargained, dedicated, aliened, remised, released, conveyed and confirmed, and by these presents do give, grant, bargain, dedi- cate, alien, remise, release, convey and confirm unto the said county of Green, in the Territory of Wiskonsin, the following tract or parcel of land, situate, lying and being in the said county of Green, in the Territory of Wiskonsin; known and described as the "north half of the west half of the southwest quarter of section num- ber thirty-five (35), in township number two (2) of range number seven (7) east," containing forty acres more or less, 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 or demand whatsoever of the party of the first part either in law or equity, either in possession or expectancy of, in, and to the above bargained premises and their hereditaments and appurte- nances; to have and to hold the aforesaid de- scribed tract of land unto the said county of Green, or unto the seat of justice thereof, by whatsoever name it may be called; and the said Jacob Ly Brand, for himself, his heirs, executors and administrators, do covenant, grant, bargain and agree to and with the said county of Green, and to and with the said seat of jus- tice thereof, by whatsoever name it may be called, that at the time of the ensealing and de- livering of these presence, that he was seized of the premises above conveyed as of a good, sure,

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HISTORY OF GREEN COUNTY.

perfect, absolute and indefeasible estate of in- heritence in the law, in fee simple, and that the above bargained premises in the quiet and peace- able possession of the said party of the second part, against all and every person or persons, lawfully claiming, or to claim the whole or any part thereof, he will forever warrant and defend.

"In witness whereof, the said party of the first part has hereunto set his hand and seal, the day and year first above written.

"Signed, sealed and de- ) livered in presence of "HIRAM RUST, CHARLES DUGLAS HART.

JACOB LYBRAND[seal.]

"WISCONSIN TERRIRORY,

"GREEN COUNTY,

SS.

This day personally came before me, the un- dersigned, a justice of the peace in and for said county, Jacob LyBrand, whose name appears to the foregoing deed, and who is personally known to me, to be the real person who executed said deed, and who then acknowledged that he signed sealed and delivered said deed, freely and vol- untarily for the uses and purposes therein men- tioned. Given under my hand and seal, this the 24th day of August, A. D. 1839.

HIRAM RUST, J. P., [seal.]

Attest: WILLIAM RITTENHOUSE, "Register."

"This Indenture made the seventeenth day of August, in the year of our Lord one thousand eight hundred and thirty-nine, between Joseph Payne, of the county of Green, and the Territory of Wisconsin, and Rosa, his wife, of the first part, and the county of Green, in said Territory, of the second part : Witnesseth, that the said party of the first part, for and in consideration, of the sum of one dollar in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged have given, granted, bargained, sold, remised, released, al- iened and confirmed, and by these presents do give, grant, bargain, sell, remise. release, convey and confirm unto the said party of the second part forever, the following described tract of land, to- wit : The northeast quarter of the south west quarter of section thirty-five (35) in town two (2) of range seven (7) east of the fourth princi- pal meridian, containing forty acres ; together with all and singular, the hereditaments and ap- purtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, claim or demand whatsoever, of the

said party of the first part, either in law or equity, either in possession or expectancy of, in and to the above bargained premises and their hereditaments and appurtenances ; To have and to hold the said premises, as above described with the appurtenances unto the said party of the second part forever ; and the said party of the first part for themselves, their heirs, executors and administrators, do covenant, grant, bargain and agree to and with the said party of the second part, that at the time of the en- sealing and delivering of these presents, they are well seized of the premises above conveyed, as of a good, sure, perfect, absolute and inde- feasable estate of inheritance in the law, in fee simple, and that the above bargained premises, in the quiet and peaceable possession of the said party of the second part, and against all and every person or persons lawfully claiming or to claim the whole or any part thereof, they will forever warrant and defend.

"In witness whereof, the said party 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 Geo. Beatty,

P. V. Thomas, Jacob Ly Brand, Hiram Rust.

JOSEPH PAYNE, [seal.] ROSA PAYNE, [seal.]

"Territory of Wisconsin, -

County of Iowa.

· SS.

"Be it remembered that on the seventeenth day of August, in the year of our Lord one thousand eight hundred and thirty-nine, before me the subseriber, a notary public in and for said county, came the within named Joseph Payne, and acknowledged the foregoing indenture to be his act and deed, and desired that the same might be recorded as such according to law. In testimony whereof I have herennto set my hand and affixed my private seal the day and year above written.

GEO. BEATTY, (seal].

"Territory of Wisconsin, Green County.

in,} s

"Be it remembered that on the twenty-third day of August, in the year of our Lord one thousand eight hundred and thirty-nine, before me the undersigned, a justice of the peace in and for said county, came the within named Rosa Payne, and acknowledged the foregoing written indenture to be her free act and deed,

268

HISTORY OF GREEN COUNTY.

and desired that the same might be recorded as such according to law.

"Signed, sealed and delivered

in presence of HIiram Rust, Jacob Ly Brand.

"Given under my hand and seal the year and day above written. [SEAL.] HIRAM RUST, J. P.

"Attest, William Rittenhouse, Register."

"This indenture made the second day of Sep- tember, in the year our Lord, eighteen hundred and thirty-nine between William S. Russell, of Stephenson county, in the State of Illinois, and Mary W. Russell, wife of the said William, of the first part, and the county of Green, in the Ter- ritory of Wisconsin, of the second part, witness- eth, that for and in consideration of a certain bond executed by said Russell, dated in August last, binding him to convey unto said county of Green a certain tract or parcel of land on cer- tain conditions named in said bond, the said party of the first part, do hereby give, grant, sell and convey and confirm unto the said county of Green, forever, a certain tract or par- cel of land situated in said Territory of Wis- consin, and known and described as the east half of the southeast quarter of section thirty- four, in township number two, of range number seven east, containing eighty acres, more or less, provided, neverthelesss, that said land above conveyed, or the proceeds thereof shall be applied by said county of Green, in the following manner, namely : The north part of said tract or parcel of said land shall be applied to the erection of suitable county build- ings on some one or more of the tracts or par- cels of land selected by the citizens of said county as the seat of justice therefor, at an election held for that purpose on the fifth day of August last, and for the payment of other county expenses. And the other half of said tract, namely, the south half thereof, shall be applied to the establishment of some suitable seminary of learning for the use and benefit of said county of Green. To have and to hold the above described premises with the privileges and appurtenances thereto belonging unto the said county of Green, forever. And the said party of the first part, for themselves, their heirs, executors and administrators do covenant with the said county of Green that they are lawfully seized in fee of the above granted premises that they are free from all incum- brance, that they have good right to sell and

convey the same, to the said county of Green, as aforesaid, and that they will, and their heirs, exeentors and administrators shall warrant and defend the same to the said county of Green, against the lawful claims of all persons.

"In witness whereof, the said party of the first part have hereunto set their hands and seals the day and year first above written.

"Executed and de-

livered in presence of ( WM. S. RUSSELL, [seal.] John S. Hayward, MARY W. RUSSELL. [seal.] Chas. Holmes, Jr.

"Commonwealth of Massachusetts, Plymouth.

'{ s.

"Personally appeared before me, the under- signed, Clerk of the Supreme Judicial Court, for the county of Plymouth and the highest court of record within said Commonwealth of Massa- chusetts, Wm. S. Russell and Mary W. Russell, the wife of said William, personally known to me as the same persons who signed the forego- ing deed of conveyance, who acknowledged that they had signed, sealed and delivered the same for the uses and purposes therein mentioned, and after having examined the said Mary W. Russell, separate and apart from her husband and made known to her the centents of said conveyance she acknowledged that she had executed the same without fear or compulsion of her said husbind and does not wish to re- tract.

"In witness whereof I have hereunto set my hand and affixed the seal of the Supreme Judi cial court this fifth day of September 1839. W. W. THOMAS.

"Attest, William Rittenhouse, Register."

On the lands thus donated there was platted by the district surveyor, William Griffith, a vil- lage, to which was given the name of Monroe. The plat was certified to by the surveyor on the 23d of December, 1839. The forty acres donat- ed by Jacob Ly Brand occupied the central one-third of the village ; that given by Joseph Payne, the east one-third ; and that deeded by William S. Russell the west one third. Allen Woodle, Adam Starr, John Chryst, Daniel Harcourt, and James Hawthorn were made a committee to receive the title to these lands, and to superintend the platting of the same ; and on the 8th day of January, 1840, they cer- tified to the platting as reported by the survey- or; and on the 21st day of April, 1840, made

269

HISTORY OF GREEN COUNTY.

acknowledgment to the certificate before James Riley, justice of the peace. On the 18th day of May, 1840, William Bowen, James Riley and William Boyls, county commissioners, ac- knowledged the receipt of the plat for the uses for which it was donated, before Hiram Rust, justice of the peace. So the county seat of Green county was permanently located at what is now the city of Monroe.

What remained now to be done to complete the whole matter connected with the locating of the county seat at Monroe was the selection of the lots in that village, by Jacob Ly Brand, which, the reader will recollect, he reserved the privileges of selecting, viz : six town lots for himself, from the forty acres which he deeded to the county ; and before the public sale of lots in Monroe, by the commissioners of the county, he was requested by them to make choice of the same; as fully appears by the following entry in the record of their proceed- ings :

" May 18, 1840.

"WHEREAS, Jacob Ly Brand reserved to him- self the choice of six town [village] lots in the town [village] of Monroe, in his deed to Green county, dated 24th day of August, A. D. 1839, be it ordered that said Jacob Ly Brand be noti- fied that the town plat of the town of Monroe is acknowledged and filed in the register's office for record, and that the said Ly Brand make choice of said lots as aforesaid in said deed, and that the sheriff serve on the said Jacob Ly Brand, a copy of this order and make due re- turn thereof."

But the "said Jacob Ly Brand " seemed in no hurry to make his selection ; so the board proceeded to pass the following order on the Ist day of June, 1840 :

"WHEREAS, Jacob Ly Brand was notified on the 18th day of May, 1840, to make choice of six town lots, reserved by him in a deed ex- ecuted to the county of Green, dated August 24, 1839, which notice was returned by the sheriff, duly served ; and whereas, no

specified time is designated for

the selection of said lots, and sufficient time having been given to the said Jacob Ly Brand to make such selection as by him provided in said deed ; and whereas, he has hitherto neg- lected, and, by so neglecting, refused, and by so doing, waived his right to make such choice; and whereas, provision is made in the above named decd that Green County, before offering any portion of the town of Monroe for sale, shall make a deed to said Jacob Ly Brand of six building lots, in said town, as provided in said deed ; now be it

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History of Green County, Wisconsin. Together with sketches of its towns and villages, educational, civil, military and political history; portraits of prominent persons, and biographies of representative citizens, Part 39

Author: Union publishing company, Springfield, Ill., pub. [from old catalog] Publication date: 1884 Publisher: Springfield, Ill., Union publishing company Number of Pages: 1168

Author: Union publishing company, Springfield, Ill., pub. [from old catalog]
Publication date: 1884
Publisher: Springfield, Ill., Union publishing company
Number of Pages: 1168