Release & Conveyance of David Vawter's Deed
Recorder's Office, Jefferson County Courthouse
Deed Record Book N, pages 186-188
Transcription and notes in brackets by Ruth A. Hoggatt.
This Indenture made this fifth day of April in the year of our Lord One thousand eight hundred and thirty seven Between William Hendricks, Junr. Commissioner by the Jefferson Circuit Court duly appointed of the one part and David Vawter of the other part. Whereas on the 30th day of July in the year of our Lord one thousand Eight hundred and thirty six the said David Vawter filed in the Clerks office of the Jefferson Circuit Court his certain Bill in Chancery setting forth and showing to the court among other things that he said Vawter being indebted to the defendants in said Bill mentioned in several sums of Money did on the 26th day of July in the year of our Lord one thousand eight hundred and thirty four for the purpose of securing to them said sums of money, make and Execute to John Alling in trust a deed of a part of the south East quarter of section thirty four in Township North of Range Ten East in the district of lands offered for sale and sold at Jeffersonville and bounded as follows towit,-Beginning at the North East corner of the south East quarter of section thirty four in Township four north of Range ten east in the district aforesaid, thence south six degrees west one hundred and twenty poles [1980'] to a stake on the bank of Crooked Creek, thence with the meandering of the Creek westwardly one hundred and Ten poles [1815'] to an Elm and sugar tree on the south bank of said Creek, thence north sixty one poles [1006.5'] to two small sugar trees, thence East sixty four poles [1056'] to a stake near a small ash, thence north thirty six poles [594'] to Shadrick Wilbers south line, thence with said line to the place of beginning Estimated to contain seventy six acres more or less which said deed contained the following condition viz,
"Now these presents witness and the object design and purpose of these presents are that if the said David Vawter shall fail neglect or refuse to pay the said debt so due by himself and the said Gray to said Broadwells Fulton &Co. and the said debts so due by himself as aforesaid to said Arthur Fulton &Co. on or before the first day of July next together with all interest which may accrue and become due on said debts, That then and in that case the said John Alling after first giving twenty days public notice thereof in some newspaper printed and published in the town of Madison and county of Jefferson aforesaid shall proceed to sell the same at public sale to the highest and best bidder for each in hand and with the proceeds of said sale to pay the debts aforesaid after deducting his necssary charges and expenses, and should there be any monies arising from said sale remaining in the hands of said Alling after paying said debts the same shall be paid over to the said David Vawter his heirs executors or administrators for his own proper use and benefits" and further showing that said sums of Money were all paid at Maturity without sale of said premises, that said John Alling died without releasing said premises to said Vawter, and leaving Charles, William R. and John Alling his heirs & [in] Law who together with Jacob Broadwell, Cyrus Broadwell Zenus K Fulton, Isaac W. Fulton and Andrew WIlson were made parties thereto, and the said defendants having answered said Bill it was afterwards at the March Term of said Court ordered adjudged and decreed that conveyance of said premises be made to said Vawter, and that William Hendricks Junr. be appointed a commissioner to make said Conveyance &C. all of which proceedings will more fully appear by reference to the records of said Court ----
Now therefore to Confirm to said David Vawter the premises so conveyed to said John Alling in trust as aforesaid, these presents, Witnesseth that the said William Hendricks Jr. Commissioner as aforesaid for and in consideration of the premises hath and by these presents doth release convey and confirm unto the said David Vawter his heirs and assigns forever all of the above described premises together with all the rights privileges and appurtenances thereunto belonging and all the estate right title claim interest and demand of the said Alling in trust of in and to the said premises, To have and to hold the same with the appurtenances to the said David Vawter his heirs and assigns to his and their only proper use benefit and behoof forever, in as full and ample manner as he said Vawter had and held the same previous to and at the time of the said conveyance to said Alling so made as aforesaid, In witness whereof the said William Hendricks Jr. Commissioner as aforesaid hath hereunto set his hand and seal the day and year first above written,
W. Hendricks Jr. {seal}
Commissioner
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State of Indiana Jefferson County ss. Be it remembered that now on this day towit the fifth day of April A.D. 1837 -- the foregoing named and signed William Hendricks Jr. said Commissioner came into open court and acknowledged the foregoing deed of conveyance to be his voluntary act and deed for the purposes therein contained, and the Court upon examination approved of said deed of Conveyance and ordered it to be entered upon the order Book of this Court and also that it be made apart of the Complete record of this suit. All of which is accordingly done, Witness John H. Taylor Clerk of our said Circuit Clerk
Recorded April 12. 1837 --
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