Milton Stapp to The City of MadisonRecorder's Office, Jefferson County Courthouse Deed Record Book _, pages 91-93 Will recheck which book. Transcription and notes in brackets by Ruth A. Hoggatt.
Whereas Milton Stapp did on the 27th day of October 1838 give to the City of Madison his bond in the words and figures following that is to say, Know all men by these presents that I Milton Stapp of the County of Jefferson in the State of Indiana am held and firmly bound unto the city of Madison in the penal sum of twelve thousand dollars for the payment wereof I bind myself my heirs executors and administrators firmly by these presents sealed with my seal and dated this 27th day of October in the year of our Lord 1838. The condition of the above obligation is such That whereas said City of Madison has contracted with said Milton Stapp for the purchase of the undivided half of the following described part of South East quarter of section thirty four in township four north of Range ten East Viz: Beginning at a corner in the sectional line dividing Sections thirty four and thirty five forty poles [660'] north from the South East corner of said section, thirty four. Thence North with said Sectional line to the North East corner of the South East quarter of section thirty four, thence with the open line of said section West about thirty six poles nine links [599.94'] to a corner in Wilber's line of land purchased by said Wilber of David Vawter Thence with the East line of said tract purchased by said Wilber of said Vawter, thence south the east lines of said tract thence west with the south line of said tract about Sixty five perches [1072.5'] to the East line of John McIntires fifty acre tract taken off the West End of said quarter. Thence South with said line about sixty perches and two links [991.32' ] to a corner on the bank of crooked creek being the North West corner of John McIntyres twenty four Acre tract out of said quarter Thence an Eastward direction up Crooked creek Above Said McIntire's north line of said twenty four acre tract to a corner on the north Branch of said crooked Creek North of the West line of a ten acre tract out of the South East Corner of said quarter, Thence South four poles [66'] to the north west corner of said ten acre tract Thence east with the north line of said ten acre tract forty poles [660'] to the place of beginning containing in all Sixty acres more or less. And Whereas said city of Madison by Moody Park their Mayor have executed to Milton Stapp two several notes of this date payable to the order of said Milton Stapp at the branch of the State Bank of Indiana at Madison Are for three thousand Dollars payable on the 23d of June 1839 and the other for three thousand seven hundred and ten dollars payable on the 23d day of June 1840 being in full of the purchase money for said premises. Now should the said Milton Stapp on the payment of the notes aforesaid or so soon thereafter as he may be required convey to said City of Madison or their assigns by good and sufficient General Warranty and with usual covenants the undivided half of said sixty acres of Land above described then this bond to be void or else to remain in full force and Virtue in Law
And Whereas afterwards towit at the March term of the Jefferson Circuit Court in the State of Indiana The said City of Madison caused the petition of Milton Stapp in his own name to be filed in said Circuit Court praying said Court to make partition of said tract of land and such proceedings had thereon by which Samuel Goodenow Wm J Lodge and David Cummins Commissioners did survey Examine and make report by which a partition of said tract of land, was made and deed set over and a lot to the said Milton Stapp the following portion of said tract of land towit, Beginning at the corner in Wilbers line of land purchased of David Vawter being the third corner above named running thence South three (3) degrees and twenty minutes west, one hundred and sixteen poles and six links [1917.96'] to the North East corner of McIntire twenty four acre tract above named (being the 7th corner above named) all east of said line being set over in severally to said Milton Stapp being twenty Eight acres & twelve hundredth (28 12/100 acres) The Said line of said tract being forty poles 18 links [671.88'] by said report, Which said report of said commissioners is of record on the order book of said Jefferson Circuit Court at its March term 1839 & recorded & confirmed by the Court on the 5th day of April 1839. And whereas the said purchase money in said bond above mentioned has been fully paid and satisfied. Now Therefore, This Indenture made and entered into this 18 day of November 1848 between Milton Stapp and Elizabeth Stapp his wife of the City of Madison & State of Indiana of the first part and the said City of Madison of the second part Witnesseth that the said party of the first part for and in consideration of six thousand seven hundred and ten Dollars to them in hand well and truly paid by the said party of the second part the receipt whereof is hereby acknowledged have granted bargained Sold conveyed & confirmed, and by these presents do grant bargain sell convey and confirm with the said party of the second part or their assigns all the property last above named as being let over to said Stapp being (28 12/100) And all the estate right title interest claim and demand of them the said party of the first part of in and to the said premises and every part thereof together with all and singlular the privileges and appurtunances to the same belonging or in any wise appertaining & the rents issues and profits thereof to have and to hold the premises hereby bargained and sold with the appurtenances to the only proper use and behoof of the said party of the second part forever. And the said party of the first part their heirs executors & administrators do covenant promise and agree to and with the said party of the second part and their assigns, that they are the true and lawful owners of the premises hereby granted, and have good right full power & lawful Authority to sell and convey the same in manner and from aforesaid And further that they the said party of the first part their executors and administrators will warrant and forever defend the aforesaid premises with their appurtenances and every part and parcel thereof unto the said party of the second part & their assigns against all persons claiming and to claim lawfully by from or under them or by from or under any other person whomsoever, And the said Elizabeth Stapp wife of the said Milton Stapp hereby relinquishes her right of dower to the said party of the second part.
The State of Indiana
Recd. for record Nov. 29th at 12 Oclock M. & recorded on the 4th Dec. 1848
Jefferson County INGenWeb
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