Mortgage - Bain to Block bros. (28 January 1843)
Lincoln County Land Records, Book F, Page 89
Transcribed by Doris Martin Jablonski, 2000.
We acknowledge our hand and seals this 28th of January 1843
This deed made and entered into this fourteenth day of April in the year
of our Lord, one thousand eight hundred and forty two by DANIEL BAIN of the
first part and EMANUEL BLOCK and ELEAZER BLOCK merchants and partners trading
under the name and style of E. BLOCK & Brother of the second part, all of the
County of Lincoln, State of Missouri, witnesseth in that said party of the
first part for and in consideration of the sum of three hundred dollars to
him in hand paid by said party of the second part, the receipt whereof is
hereby acknowledged, have granted, bargained and sold and do by these
presents grant, bargain and sell unto said party of the second part, and
their heirs and assigns, the following described pieces or parcels of land
situated in the County of Lincoln aforesaid to wit, the East half of the
Northwest quarter of section twenty in township forty nine North of range
one, East containing eighty acres of land, be the same more or less and being
the same that I, the party of the first part hold by deed from JOHN CREECH &
wife, dated Oct 2nd 1828. To have and to hold the above described piece or
parcel of land together with the improvements thereon unto said party of the
second part and their heirs and assigns forever and I DANIEL BAIN, party of
the first part do for myself, my heirs, executors and administrators,
covenant and agree with said part [sic] of the second part that I warrant and
forever defend the title to the above granted premises unto said party of the
second part their heirs and assigns against all lawful claims part [sic] whatever -
conditioned nevertheless and these present are upon the expressed condition,
that whereas I, the said DANIEL BAIN, party of the first part, and indebted
unto said party of the second part in several promissory notes which I have
executed unto said party of the second part, to wit, one date [sic] on this 14th
day of April 1842 for the sum of forty six dollars, one dated the eighth day
of January 1842 for the sum of fifty eight dollars and 80 cents, and also I
have signed two joint notes with ELI BAIN given to said party of the second
part dated on the eighth day of January 1842, one for one hundred dollars and
the other for seventy one dollars and 59cents, and all of said notes are made
payable [sic]. One day after date and bearing ten per cent interest from
maturity til paid.
Now should I, the said DANIEL BAIN pay the said notes to said party of the
second part or their assigns, or should the said ELI BAIN pay the same on or
before the first day of May AD 1843, (said party of the second part have
agreed to indulge until that time) together with the interest that has and
may accrue on said notes, then this deed of mortgage is to be null and void,
anything herein contained to the contrary norwithstanding else to be and
remain in full force and virtue. In witness whereof, I the said party of the
first part have hereunto set my hand and affixes my seal this date and year
first above written.
/s/ DANIEL BAIN
State of Missouri
County of Lincoln
Be it remembered that on this fourteenth day of April
in the year of our Lord, Eighteen hundred and forty two, before me the
undersigned, a Justice of the Peace within and for the County aforesaid came
Daniel Bain who is personally know [sic] to me to be the person whose name is
subscribed to the foregoing instrument of writing as having executed the same
and acknowledges the said instrument to his act and deed for the purposes
therein mentioned. Taken and certified the day and year aforesaid.
/s/ FRANCIS PARKER,
RECORDER
Submitted to HERITAGE PAGES of LINCOLN COUNTY, MISSOURI by Doris Martin Jablonski , 23 Aug 2000.
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