tenances thereunto belonging to him, the said Jesse Painter, heirs and assigns forever, in witness whereof I set my hand and seal, this 3d day of October, 1851. [SEAL.] JAMES R. HOBSON. I hereby certify that it has been satisfactorily proven by the statements of L W. Rogers, that James R. Hobson executed the above deed and for some cause did not acknowl edge the same at the time of the execution thereof. Given under my hand, 23d day of July, 1852. J. L. SHARP, Prosecuting Attorney and Acting County Judge. The instrument must therefore be acknowledged as the earliest one now appearing on record. It is one of several that seem to have been recorded during the first half of the year, 1852. The first quit-claim deed now on record in the books of the county, appears to have been transcribed from the paper-covered volume above mentioned. A comparison of the two instruments shows the slight errors that are unavoidably made, when legal documents are to be copied. The date of the deed is later than that of the foregoing. For the consideration of the sum of five thousand dollars, we, Abraham Hendricks and Russel R Homer, members of the firm of S Reoundy & Co., and agents for the other members of the said company, hereby sell and convey, and by these presents forever quit-claim unto L. F. Sharp and his assigns, all our right and interest to the town of Bethlyham,* and the claim thereunto attached, and the rear claim owned by said company situated on the northwest quarter of section thirty-six, the west half of section twenty-five and fractional section twenty in township seventy-two north, and of range forty-four west of the fifth principal meridian, also the claim known as the Old Agency claim, situated upon the west half of section eighteen (18), in township seventy-two north, range forty-three west, together with improvements, rights and privileges thereunto belonging, the right of peaceable possession being hereby acknowledged. Witness our hands and seals, March 26, 1852. SS. MILLS COUNTY. ABRAHAM HENDRICKS, [SEAL.] On the twenty-sixth day of March, A. D. 1852, personally appeared before me Abraham Hendricks and Russel R. Homer, whose names appear to the foregoing quit-claim deed personally known to me to [be] the identical persons who signed the same and acknowledged that they have executed the same purposes therein set forth. ISAIAH COX, Justice of the Peace. Among some of the more curious legal documents of the earlier days appears the following, power of attorney, which, for some reason, was deemed of sufficient importance to warrant recording. *Bethlehem, now East Plattsmouth: also formerly called Sharpsburg. Know all men by these presents: That I, George Mayfield, of the county of Mills, the State of Iowa, have made, constituted and appointed, and do by these presents make, ordain, constitute and appoint Isaac Mayfield of the county of Owen, in the State of Indiana, my true and lawful attorney for me, and in my name and for my use ask, demand, sue for, recover and receive all such sums of money, debts, goods, wares and other demands whatsoever, which is or shall be due, owing and payable to me in any manner or by any means whatsoever, and I hereby give my said authority, full power and authority, in and about the premises, to have, use and take all lawful ways and means in my name for the purposes aforesaid, and upon the receipt of such debts, dues or sums of money to make, seal and deliver acquitances and other sufficient discharge for me and in my name, and generally to do and perform in my name other acts and things necessary to be done in and about the premises as fully and amply to all intents and purposes as I myself could or might do if personally present. And attorneys, one or more under him, for the purpose aforesaid, to make and constitute and again and at pleasure to revoke, and I hereby ratify and confirm all and whatsoever my said authority, shall lawfully do in my name, in and about the premises, by virtue of these presents. In witness whereof, I have hereunto set my hand and seal this fifth day of December, in the year of our Lord, 1852. Signed, sealed and delivered in the presence of GEORGE MAYFIELD. [SEAL.] WILLIAM J. MAYFIELD. STATE OF IOWA, SS. Be it remembered that the within named George Mayfield, came this day and personally ap peared before me the undersigned clerk of the district court of the county aforesaid, and acknowledged that he did sign, seal and deliver the within power of attorney as his act and deed, for the purposes therein specified. Given under my hand and the seal of said court at office, in the town of Coonville in the county aforesaid, this the seventh day of September, A. D. one thousand eight hundred and fifty-two. [SEAL.] WILLIAM A. SCOTT. C. D. C. Mills county, Iowa. Perhaps the following may fairly be considered as among the most unique documents preserved in this quaint old book. NOTICE. All persons interested are hereby notified that I, Ann McCabe, of the county of Mills county, and State of Iowa, wife of James B. McCabe, of the same county, do hereby claim as my own separate personal property, the following described articles and securities, towit: The house in the town of Coonville, in Mills county, Iowa, known as the Hillman house, one bay mare, one sorrel colt, one pided* cow, one bureau and press, one table, one stand, six chairs, one stove, two bedsteads, two feather beds with the bedding thereto attached, including all the bedding now used in the house of the said James B. McCabe, one clock, one Looking Glass a lot of pictures. The Cup board ware in use about the Pied-spotted House one note of hand dated 25th December 1853 on Edward Crouch calling for fiftynine dolars and that I intend holding said property above from the debts of my husband. Coonville, Mills county, Iowa, Sept. 15th 1852. ANN MCCABE. The first mortgage of real estate entered on the county records bears date of April 16, 1853, and is as follows: This indenture, made this sixteenth day of April, A. D. 1853, between Joseph H. D. Street and Ementy Ann, his wife, of the county of Wapello, and State of Iowa, of the first part, and Achilles Rogers, School Fund Commissioner for the county of Mills, in the State of Iowa, of the second part, witnesseth that the said party of the first part, for, and in consideration of the sum of one hundred (100) dollars to him in hand paid, the receipt whereof is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell and convey unto the said party of the second part, and to his successors in office, the following described tract or parcel of land situated in the county and state aforesaid, (to-wit;) The north half of the southeast quarter of section sixteen (16) in township seventy-two (72) north, and range forty-two west, from the fifth principal meridian, to have and to hold the land aforesaid, together with all and singular the improvements, privileges and appurtenances thereunto belonging or in any wise appertaining to him, the said party of the second part, and to his successors in office forever, subject nevertheless to the following express reservations and conditions, (to-wit): Whereas, the said party of the first part have borrowed of the said party of the second part the above sum of one hundred dollars, payable on the 1st day of January, 1854, with interest thereon at the rate of ten per centum per annum, payable the first day of January next, and annually thereafter until paid, for which said sum, with interest as aforesaid, the said Joseph H. D. Street and wife have given their obligation bearing same date herewith. Now, if the said party of the first part shall well and truly pay to the said Achilles Rogers, School Fund Commissioner as aforesaid, or to his successors in office, the said sum of money, with the interest accrued thereon as aforesaid, then this conveyance shall be utterly null and void, but if default shall be made in the payment of said sums of money, principal or interest, or either of them, the party of the second part may proceed by foreclosure, or in any lawful mode to make the amount due, together with costs, including collection fee, out of the aforesaid real estate. In testimony whereof the said Joseph H. D. Street and Ementy Ann, his wife, hereby relinquishing her dower in the real estate herein mentioned, subject to the above reservations and conditions, have hereunto set their hands and seals the first date above written. JOSEPH H. D. STREET. [L. S.] EMENTY A. STREET. Before me, William Snuffin, justice of the peace in and for the county and state aforesaid, or of Iowa, personally appeared the above Joseph H. N Street and his wife, personally known to me to be the persons whose names are subscribed to the aforesaid deed as parties, and acknowledged the signing and sealing of the above conveyance to be their voluntary act and deed, and the said ➖➖➖ being acquainted with the contents of the above conveyance acknowledged on an examination apart from her husband that she executed the same and relinquished her dower in the real estate therein mentioned, free, by and without compulsion or undue influence of the said husband, this 16th day of April, A. D., 1853. WILLIAM SNUFFIN, I, Achilles Rogers, mortgagee on the foregoing mortgage, hereby acknowledged payment and full satisfaction of said mortgage this 26th day of December, A. D., 1854. ACHILLES ROGERS, School Fund Commissioner of Mills County. On the same day this first mortgage of real estate was recorded appears the first warantee deed, of which the following is an exact transcript.* This indenture, made and entered into this 16th day of April, A. D., 1853, by and between Daniel Herreford and Elizabeth his wife, of the county of Mills and state of Iowa, of the first part, and Peter A. Sarpy of the county of Mills and state of Iowa, of the second part, witnesseth, that the said party of the first, for and in consideration of the sum of two hundred dollars in hand paid the receipt of which is hereby acknowledged as having been paid by the said party of the second part. Do hereby sell, convey Alien and confirm unto the party of the second part, his heirs and assigns forever, the following described real estate, to-wit:-The south half of the southeast quarter of section twenty tour, and the north half of the northeast quarter of section twenty-five, in township seventy-three north of range forty-four west, to have and to hold, the foregoing described premises, with the appurtenances, unto the said party of the second part, and to his heirs and assigns forever, and the said party of the first part, the foregoing premises unto the said party of the second part will forever warrant and defend, against the claim or claims of all or any person, whomsoever, claiming by, through, or under me, the said party of the first part, my heirs and assigns forever. In testimony whereof I have hereunto set my hand and seal this sixteenth day of April, A. D., 1853. Personally appeared before me, H. P. Bennett, the undersigned acting county judge of said county, Daniel Hereford and Elizabeth Hereford his wife, who are to me personally known to be the persons described in, and who executed the foregoing instrument of writing, and acknowledged the same to be their free act and deed for the uses and purposes therein expressed. And the said Elizabeth Hereford having been examined separately and apart from her said husband,† and the contents of said deed having been made known to her by me, did acknowledge that she executed the same voluntarily and freely, and relin *In this and all other legal documents the language and orthography of their originals are retained. Even when repetitions and overt errors occur, the same rule obtains. +It will be observed that the justice states that he examined the "said Elizabeth Herreford separately and apart from her said husband," and that she acknowledged the execution of the deed without the fear or compulsion of her said husband. This was in strict accord with the theory of the old common law, a practice now obsolete in this State. The old English common law contained many provisions which, however necesary they may have been in the land of their origin, seem singularly out of place even in the primitive codes of a people whose first breath and last is that of the greatest liberty, guaranteed to both sexes alike. quished her dower to the premises therein conveyed, without the fear or compulsion of her. said husband. In testimony whereof, I have hereunto set my hand and seal, this sixteenth day of April A. D., 1853. FIRST RECORDED CHATTEL MORTGAGE. H. P. BENNETT, For the purpose of securing to C. C. Stringfield the payment of one hundred and forty, forty-six one hundredths dollars, on the first day of February, A. D. 1859, and for the consideration of one dollar to me in hand paid, the receipt whereof is hereby acknowledged. I, Susan Anthony, hereby sell and convey to C. C. Stringfield the following described personal property, to-wit: one two horse wagon; also one bay horse, eight years old; also two brown cows; color, one white-speckled and the other dark red; and four calves. Now, if the said sum of money, to-wit: one hundred and forty and forty-six one hundredths dollars so secured, is not paid to the said C. C. Stringfield, of Mills county, Iowa, on or before the said first day of February, A. D. 1857, I. S. Anthony hereby authorize the said C. C. Stringfield to take possession of said personal property above described, and sell the same for cash in hand to the highest bidders, first giving ten days notice of the time, terms, place of sales and of the property to be sold by posting up three written notices thereof inthe more conspicuous places of the township of Glenwood, and State of Iowa, and pay him self the said sum of one hundred and forty and forty-six one hundredths dollars, so secured, with the costs of sale, and to hold the remainder subject to my orders. In testimony whereof, I have hereunto set my hand and seal this eighth day of October 1858. her SUSAN ANTHONY, mark STATE OF IOWA, SS. Be it remembered that on this the eighth day of October, A. D. 1858, personally appeared before me, a justice of Silver Creek township, Mills county, Iowa, the above named Susan, Anthony, personally known to me to be the identical person whose name is subscribed to the foregoing chattel mortgage, and acknowledged the same to be her act and deed for the purposes therein mentioned. S. H. STRINGFIELD, Though the reader may be wearied with these quaint old documents, since they throw so much light on the legal business and habits of the early settlers, it is deemed best to add a few more of a various nature. It is not the object to hold the authors up to ridicule, but to simply quote these documents as interesting relics of a time long since gone, and as indices to the legal talent of the various authors. They are given without remark. CERTIFICATE OF QUALIFICATION. This is to sertify that jefson marton was swor in to office as cool detcr* this September, the 25th day, A. D. 1852. ISAIAH COX, Justice of the peace. *School director. |