HIRAM
ANDERSON PROPERTY MORTGAGED to NICHOLAS BENNETT
Clinton
County, Ohio
14
August 1832
Deed
Book G Page 482; File #430
This Indenture made this fourteenth day of
August in the year of our Lord one thousand eight hundred and thirty two
between Hiram Anderson of the County of Clinton and State of Ohio of the first
part and Nicholas Bennett of the County of Warren and State aforesaid of the
second part. Witnesseth that the said party of the first part for and in
consideration of the sum of one hundred and seventy one dollars of good and
lawful money to him in hand paid by the said party of the second part, the
receipt whereof is hereby confessed and acknowledged hath granted bargained
sold released aliened and confirmed and by these presents doth grant, bargain,
sell, release alien and confirm unto the said party of the second part and to
his heirs and assigns all that tract of lands lying on the waters of Second
Creek containing Seventy five acres being part of John Harvies Survey N3342 and
bounded as follows, to wit: beginning at a hickory the West corner to said
Survey thence S44 1/2 degrees E 175 8/10 poles to a stake a hickory bearing S64
degrees E 29 links and an Elm N31 degrees W 19 links thence N 18 1/4 degrees
E89 1/4 poles to a dogwood thence N13 degrees W 46 Poles to a red bud on the
South bank of said Creek thence N 48 degrees W 18 poles to a stake a white ash
bearing N 19degrees E 15 links on the North bank of said Creek, thence down
said bank with the Meanders thereon N 43 1/4 W 11 1/2 poles to a white oak
thence N 84 1/2 W 9 poles to a white oak thence S 65 degrees W 14 1/3 poles to
a white oak thence N 78 3/4 degrees W 31 poles to a red oak thence S 29 degrees
W 16 3/4 poles to a white oak thence S 11 1/2 degrees E 16 poles to a white oak
thence S 45 degrees W leafing the bank of said Creek 7 8/10 poles to a stake
thence N 45 degrees W 47 poles to a white oak in the Northwest boundary of said
Survey thence with the same 45 degrees W 33 1/2 poles to the beginning.
Together with all and singular the hereditaments thereunto in any wise
belonging, and the reversion and reversions remainder and remainders, rents
issued and profits thereof to have and to hold the said premises hereby
released and confirmed with the appurtenances unto the said party of the second
part and to the sole and only proper use benefit and behoof of the said party of
the second part his heirs and assigns forever. Provided that if the said Hiram
Anderson his heirs executors or administrators do and shall well and truly pay
or cause to be paid unto the said party of the second part his certain Attorney
or attorneys, heirs executors administrators or assigns the sum of one hundred
and seventy one dollars lawful money of the United States to be paid on the 11th
day of February 1833 that then and from thenceforth these presents and
everything herein contained shall cease and be void. But in case default shall
be made in the payment of the said principal sum of one hundred and seventy one
dollars lawful Money to be paid on the 14th day of February 1833 and
if not paid against that time then to draw ten percent interest in such case
the party of the first for himself his heirs executors and administrators doth
covenant grant promise and agree to and with the said party of the second part
his heirs executors administrators or assigns and the said party of the first
part doth hereby authorize and empower the said party of the secod part his
heirs executors administrators or assigns, at any time or times thereafter, to
sell and dispose of the said premises hereby granted or any part or parts
thereof at public vendue to any person or persons whomsoever. And on such sale
to make sign seal and deliver any deed or deeds of conveyance in the Law for
the said premises or any part thereof so sold to the purchaser or purchasers
his or their heirs or assigns forever pursuant to the statute in such case made
and provided and out of the moneys arising from such sale or sales to keep and
retain in his hand the said sum of one hundred and seventy one dollars and
Interest thereof together with all costs charges or expenses that shall or may
be due, accrue, arise, or happen by reason or on account of such sale or sales,
and the overplus money (if any there be) shall be paid, on the same being
demanded to the said party of the first part his heirs executors administrators
or assigns. In Testimony whereof the said Hiram Anderson hath hereunto set his
hand and affixed his seal this 5th day of September 1832.
Signed, Sealed and delivered in presence of
Jesse Green (signed) Hiram Anderson
Lawrence Fitzhugh
The State of Ohio Clinton County ss.
Personally came before me one of the Justices
of the Peace within and for said County Hiram Anderson the grantor named in the
above and foregoing Mortgage deed and acknowledged the signing and sealing of
the same to be his voluntary act and deed for the purposes therein expressed,
And further certify that from personal knowledge I am satisfied that the said
Hiram Anderson is the identical person he represents himself to be. Given under
my hand and Seal the Fifth September 1832
(signed) John Cooper. J. P.
No. 430 Entered for Record the 5th
Sept. at 3 o'clock PM & recorded 27 same month 1832.
_________________________________________________________________________________________
(Note
in the margin)
March 26th 1839. $171. The amount
described in the within Mortgage being all paid in full by Hiram Anderson this
Mortgage has become null and void and the Recorder of Clinton County Ohio is
hereby authorized to enter satisfaction on the records concerning the mortgage.
(Signed) Nicholas Bennett
(Witness) Abraham Bennett
Recorded 18 July 1839