hands, and due by him to said Bank corporation ; and if the
said' Nathaniel Howard shall justly, honestly, and faithfully, in
all matters, serve the said Bank corporation as Cashier, during
his continuance in such capacity, then the above obligation to
be of no effect ; otherwise to remain valid and in full force. '
Signed, sealed, and de- | ^^
livered in presence of I NATHANIEL HOWARD. -<[i . s.]>-
VY*
JOHN STODDARD. J
Bond to a Corporation.
KNOW ALL MEN by these presents, that I, Cornelius Burr, 6f
West Chester, Chester County, State of Pennsylvania, am
firmly bound unto the Chester County Beet Sugar Manufactur-
ing Company, in the sum of Twenty Thousand dollars, to be
paid to the said Company, or their assigns, for which payment
to be made, I bind myself and representatives firmly by these
presents.
Sealed with my seal, and dated this August first, eighteen
hundred and seventy.
The condition of the above bond is such that, if I, the said
Cornelius Burr, my heirs, administrators, or assigns, shall pay
unto the said Chester County Beet Sugar Manufacturing Com-
pany, or assigns, Ten Thousand dollars, in two equal payments,
viz. : Five Thousand dollars January first, 1871, and Five Thou-
sand dollars July first next following, with accrued interest,
then the above to be void ; otherwise to remain in full force
and effect.
Sealed and delivered in 1
presence of I CORNELIUS BURR.
CHARLI.S ROYCE.
CHATTEL MORTGAGES.
A Chattel Mortgage is a mortgage on person-
al property, given by a debtor to a creditor, as
security for the payment of a sum or sums that
may be due.
The mortgaged property may remain in the
possession of either party, while such mortgage
is in force. In order to hold the property secure
against other creditors, the mortgagee (the per-
son holding the mortgage) must have a true
copy of the mortgage filed in the Clerk's or
Recorder's office of the town, city, or county
where the mortgagor (the person giving the
mortgage) resides, and where the property is,
when mortgaged.
In some States, a justice of the peace, in the
voting precinct where such property mortgaged
is located, must acknowledge and sign the
mortgage, taking a transcript of the same upon
his court docket, while the mortgage itself should
be recorded, the same as real estate transfers.
Chattel Mortgage.
THIS INDENTURE, made and entered into this tenth day of
March, in the year of our Lord one thousand eight hundred
and seventy-two, between Amos W. Barber, of the town of
Waukegan, of the County of Lake, and State of Illinois, party
of the first part, and Alonzo W. King, of the same town,
County, and State, party of the second part.
Witnesseth, that the said party of the first part, for and in
consideration of the sum of Six hundred dollars, in hand paid,
the receipt whereof is hereby acknowledged, does hereby grant,
sell, convey, and confirm unto the said party of the second
part, his heirs and assigns forever, all and singular, the follow-
ing described goods and chattels, to wit :
Two four-year old cream-colored horses, one Chickering pi-
ano, No. 6132, one tapestry carpet, 16x18 feet in size, one mar-
ble-top center table, one Stewart cooking stove, No. 4^, one
black walnut bureau with mirror attached, one set of parlor
chairs (six in number), upholstered in green rep, with lounge
corresponding with same in style and color of upholstery, now
in possession of said Barber, at No. 8 State St., Waukegan, 111. ;
Together with all and singular, the appurtenances thereunto
belonging, or in any wise appertaining ; to have and to hold
the above described goods and chattels, unto the said party of
the second part, his heirs and assigns, forever.
Provided, always, and these presents are upon this express
condition, that if the said Amos W. Barber, his heirs, execu-
tors, administrators, or assigns, shall, on or before the tenth
day of March, A. D., one thousand eight hundred and seven-
ty-three, pay, or cause to be paid, to the said Alonzo W. King,
or his lawful attorney or attorneys, heirs, executors, adminis-
trators, or assigns, the sum of Six Hundred dollars, together
with the interest that may accrue thereon, at the rate of ten
per cent, per annum, from the tenth day of March, A. D. one
thousand eight hundred and seventy-two until paid, according
to the tenor of one promissory note bearing even date herewith
for the payment of said sum of money, that then and from
thenceforth, these presents, and everything herein contained,
shall cease, and be null and void, anything herein contained
to the contrary notwithstanding.
Provided, also, that the said Amos W. Barber may retain the
possession of and have the use of said goods and chattels until
the day of payment aforesaid ; and also, at his own expense,
LEGAL BUSINESS FORMS REAL ESTATE MORTGAGES.
159
shall keep said goods and chattels ; and also at the expiration of
said time of payment, if said sum of money, together with the
interest as aforesaid, shall not be paid, shall deliver up said
goods and chattels, in good condition, to said Alonzo W. King,
or his heirs, executors, administrators, or assigns.
And provided, also, that if default in payment as aforesaid,
by said party of the first part, shall fee made, or if said party
of the second part shall at any time before said promissory
note becomes due, feel himself unsafe or insecure, that then
the said party of the second part, or his attorney, agent, assigns,
or heirs, executors, or administrators, shall have the right to
take possession of said goods and chattels, wherever they may
or can be found, and sell the same at public or private sale, to
the highest bidder for cash in hand, after giving ten days' no-
tice of the time and place of said sale, together with a descrip-
tion of the goods and chattels to be sold, by at least four ad-
vertisements, posted up in public places in the vicinity where
said sale is to take place, and proceed to make the sum of
money and interest promised as aforesaid, together with all
reasonable costs, charges, and expenses in so doing ; and if
there shall be any overplus, shall pay the same without delay
to the said party of the first part, or his legal representatives.
In testimony whereof, the said party of the first part has
hereunto set his hand and affixed his seal, the day and year
first above written.
Siened, sealed and de- 1 \ A^jf
livered in presence of t AMOS W. BARBER.
ROBERT KENDALL.
:eof \-
- J
Remarks.
When the person giving the mortgage re-
tains possession of the property, it is customary
to empower the party holding the mortgage
with authority to take the goods and chattels
mortgaged, into his possession at any time he
may deem the same insufficient security for his
claims ; or if he shall be convinced that an ef-
fort is being made to remove such property,
whereby he would be defrauded of his claim,
or for any reason whatsoever, when he may
deem it necessary to secure his claim, he can
proceed to take possession of it ; which pro-
perty, after having given legal notice of sale,
according to the law of the State governing the
same, he is allowed to sell at public sale, to the
highest bidder. Out of the money obtained
therefrom, he can retain sufficient to liquidate
his demand, and defray the necessary expenses,
rendering the overplus unto the mortgagor.
Real Estate Mortgage to Secure Payment 01 Money.
THIS INDENTURE, made this nineteenth day of October, in
the year of our Lord, one thousand eight hundred and seventy-
one, between Benjamin Harrison, of Urbana, County of Cham-
paign, and State of Illinois, and Helen, his wife, party of the
first part, and Robert Fairchild, party of the second part.
Whereas, the said party of the first part is justly indebted to
the said party of the second part, in the sum of Four Thousand
dollars, secured to be paid by two certain promissory notes
(bearing even date herewith) the one due and payable at the
First National Bank in Champaign, 111., with interest, on the
nineteenth day of October, in the year one thousand eight hun-
dred and seventy-two ; the other due and payable at the First
National Bank at Champaign, 111., with interest, on the nine-
teenth day of October, in the year one thousand eight hundred
and seventy-three.
Now, therefore, this indenture witnesseth, that the said party
of the first part, for the better securing the payment of the
money aforesaid, with interest thereon, according to the tenor
and effect of the said two promissory notes above mentioned ;
and, also, in consideration of the further sum of one dollar to
them in hand paid by the said party of the second part, at the
delivery of these presents, the receipt whereof is hereby ac-
knowledged, have granted, bargained, sold, and conveyed, and
by these presents do grant, bargain, sell, and convey, unto the
said party of the second part, his heirs and assigns, forever,
all that certain parcel of land, situate, etc.,
[Describing the premises.]
To have and to hold the same, together with all and singular
the Tenements, Hereditaments, Privileges, and Appurtenances
thereunto belonging or in any wise appertaining. And also,
all the estate, interest, and clafm whatsoever, in law as well as
in equity, which the party of the first part have in and to the
premises hereby conveyed unto the said party of the second
part, his heirs and assigns, and to their only proper use, bene-
fit, and behoof. And the said Benjamin Harrison, and Helen,
his wife, party of the first part, hereby expressly waive, relin-
quish, release, and convey unto the said party of the second
part, his heirs, executors, administrators, and assigns, all right,
title, claim, interest, and benefit whatever, in and to the above
described premises, and each and every part thereof, which is
given by or results from all laws of this State pertaining to the
exemption of homesteads.
Provided always, and these presents are upon this express
condition, that if the said party of the first part, their heirs,
executors, or administrators, shall well and truly pay, or cause
to be paid, to the said party of the second part, his heirs, exec-
utors, administrators, or assigns, the aforesaid sums of money,
with such interest thereon, at the time and in the manner spe-
cified in the above mentioned promissory notes, according to
the true intent and meaning thereof, then in that case, these
presents and everything herein expressed, shall be absolutely
null and void.
In witness whereof, the said party of the first part hereunto
set their hands and seals the day and year first above written.
Signed, sealed, and de- BENJAMIN HARRISON.
livered in resence of I
J HELEN HARRISON.
LEGAL BUSINESS FORMS DEEDS.
Proxy.
KNOW ALL MEN by these presents, that *, Winfield Bennett,
do hereby constitute and appoint Hiram D. King attorney and
agent for me, and in my name, place, and stead, to vote as
proxy at the annual election for directors of the Chicago, Bur-
lington and Quincy Railroad, at Chicago, Illinois, according to
the number of votes I should be entitled to if then personally
present, with power of substitution.
In witness whereof, I have hereunto set my hand and seal
this eighth day of June, one thousand eight hundred and sev-
enty-one.
Witness,
BARTON COOK.
WINFIELD BENNETT .
DEEDS.
An instrument in writing, by which lands
and appurtenances thereon are conveyed from
one person to another, signed, sealed, and prop-
erly subscribed, is termed a deed. A deed may
be written or printed on parchment or paper,
and must be executed by parties competent to
contract.
The law provides that an acknowledgment
of a deed can only be made before certain per-
sons authorized to take the same ; these includ-
ing, in different states, Justices of the Peace,
Notaries, Masters in Chancery, Judges and
Clerks of Courts, Mayors of Cities, Commis-
sioners of Deeds, etc. In certain states one
witness is required to the deed besides the per-
son taking the acknowledgment. In others,
two witnesses are necessary. In other states
none are required.
To render a deed valid, there must be a realty
to grant, and a sufficient consideration.
To enable a person legally to convey property
to another, the following requisites are neces-
sary : 1st, He or she must be of sane mind ;
2nd, Of age ; and 3rd, He or she must be the
rightful owner of the property.
The maker of a deed is called the grantor ;
the person or party to whom the deed is deliv-
ered, the grantee. The wife of the grantor, in
the absence of any statute regulating the same,
must acknowledge the deed, or else, after the
death of her husband, she will be entitled to a
one-third interest in the property, as dower,
during her life. Her acknowledgment of the
deed must be of her own free will and accord,
and the Commissioner, or other officer, before
whom the acknowledgment is taken, must sign
his name as a witness to the fact that her con-
sent was without compulsion.
Special care should be taken to have the deed
properly acknowledged and witnessed, and the
proper seal attached.
The deed takes effect upon its delivery to the
person authorized to receive it.
Any alterations or interlineations in the deed
should be noted at the bottom of the instru-
ment, and properly witnessed. After the ac-
knowledgment of a deed, the parties have no
right to make the slightest alteration. An al-
teration after the acknowledgment, in favor of
the grantee, vitiates the deed.
By a general Warranty Deed, the grantor
agrees to warrant and defend the property con-
veyed against all persons whatsoever. A Quit
Claim Deed releases what interest the grantor,
may have in the land, but does not warrant and
defend against others.
Deeds, upon their delivery, should be record-
ed in the Recorder's office without delay.
Warranty Deed with Covenants.
THIS INDENTURE, made this eighteenth day of March, in
the year of our Lord one thousand eight hundred and seventy-
three, between Henry Botsford of Lee, County of Berkshire,
State of Massachusetts, and Mary, his wife, of the first part,
and Calvin Daggett of the same place, of the second part,
Witnesseth, that the said party of the first part, for and in
consideration of the sum of Three Thousand Dollars in hand,
paid by the said party of the second part, the receipt whereof
is hereby acknowledged, have granted, bargained, and sold,
and by these presents do grant, bargain, and sell, unto the said
party of the second part, his heirs and assigns, all the follow-
ing described lot, piece, or parcel of land, situated in the town
of Lee, in the County of Berkshire, and State of Massachu-
setts, to wit :
[Here describe the property.]
Together with all and singular the hereditaments <tnd appur-
tenances thereunto belonging or in any wise appertaining, and
the reversion and reversions, remainder and remainders, rents,
issues, and profits thereof ; and all the estate, right, title, inter-
est, claim, and demand whatsoever, of the said party of the
first part, either in law or equity, of, in, and to the above bar-
LEGAL BUSINESS FORMS DEEDS.
161
gained premises, with the hereditaments and appurtenances :
To have and to hold the said premises above bargained and
described, with the appurtenances, unto the said party of the
second part, his heirs and assigns, forever. And the said Hen-
ry Botsford, and Mary, his wife, parties of the first part, hereby
expressly waive, release, and relinquish unto the said party of
the second part, his heirs, executors, administrators, and assigns,
all right, title, claim, interest, and benefit whatever, in and to
the above described premises, and each and every part thereof,
which is given by or results from all laws of this State pertain-
ing to the exemption of homesteads.
And the said Henry Botsford and Mary Botsford, his wife,
party of the first part, for themselves and their heirs, executors,
and administrators, do covenant, grant, bargain, and agree, to
and with the said party of the second part, his heirs and assigns,
that at the time of the ensealing and delivery of these presents
they were well seized of the premises above conveyed, as of a
good, sure, perfect, absolute, and indefeasible estate of inheri-
tance in law, and in fee simple, and have good right, full pow-
er, and lawful authority to grant, bargain, sell, and convey the
same, in manner and form aforesaid, and that the same are free
and clear from all former and other grants, bargains, sales,
liens, taxes, assessments, and encumbrances of what kind or
nature soever ; and the above bargained premises in the quiet
and peaceable possession of the said party of the second part,
his heirs and assigns, against all and every person or persons
lawfully claiming or to claim the whole or any part thereof, the
said party of the first part shall and will warrant and forever
defend.
In testimony whereof, the said parties of the first part have
hereunto set their hands and seals the day and year first above
written. ^^^^
Signed, sealed, and deliv-1 HENRY BOTSFORD, H. M
j -r "=> ^.
ered in presence of >
ABIAL KETCHUM. j MARY BOTSFORD. f
Quit-Claim Deed.
THIS INDENTURE, made the fourth day of July, in the year
of our Lord one thousand eight hundred and seventy-one, be-
tween Oscar Joy, of Nashville, County of Davidson, State of
Tennessee, party of the first part, and Lorenzo Fisher, of the
same place, party of the second part,
Witnesseth, that the said party of the first part, for and in
consideration of Eight Hundred dollars in hand, paid by the
said party of the second part, the receipt whereof is hereby ac-
knowledged, and the said party of the second part forever re-
leased and discharged therefrom, has remised, released, sold,
conveyed, and quit-claimed, and by these presents does remise,
release, sell, convey, and quit-claim, unto the said party of the
second part, his heirs and assigns, forever, all the right, title,
interest, claim, and demand, which the said party of the first
part has in and to the following described lot, piece, or parcel
of land, to wit :
[Here describe ike land]
To have and to hold the same, together with all and singular
the appurtenances and privileges thereunto belonging, or in
anywise thereunto appertaining, and all the estate, right, title,
interest, and claim whatever, of the said party of the first part,
either in law or equity, to the only proper use, benefit, and be-
hoof of the said party of the second part, his heirs and assigns
forever.
In witness whereof, the said party of the first part hereunto
set his hand and seal the day and year above written.
Signed, sealed, and deliv-
ered in presence of \ OSCAR JOY.
AZRO HOLLIS.
Long Form Quit-Claim Deed Homestead Waiver.
THIS INDENTURE, made the fourteenth day of October, in
the year of our Lord one thousand eight hundred and seventy-
two, between Park Converse, of Burlington, County of Des
Moines, State of Iowa, party of the first part, and Elbridge
Robinson, of the same place, party of the second part,
Witnesseth, that the said party of the first part, for and in
consideration of Four Thousand dollars in hand, paid by the
said party of the second part, the receipt whereof is hereby
acknowledged, and the said party of the second part forever
released and discharged therefrom, has remised, released, sold,
conveyed, and quit-claimed, and by these presents does remise,
release, sell, convey, and quit-claim, unto the said party of the
second part, his heirs and assigns, forever, all the right, title,
interest, claim, and demand which the said party of the first
part has in and to the following described lot, piece, or parcel
of land, to wit :
[Here describe the land.]
To have and to hold the same, together with all and singu-
lar the appurtenances and privileges thereunto belonging, or in
any wise thereunto appertaining ; and all the estate, right, title,
interest, and claim whatever, of the said party of the first part,
either in law or equity, to the only proper use, benefit, and be-
hoof of the said party of the second part, his heirs and assigns
forever.
And the said Park Converse, party of the first part, hereby
expressly waives, releases, and relinquishes unto the said party
of the second part, his heirs, executors, administrators, and as-
signs, all right, title, claim, interest, and benefit whatever, in
and to the above described premises, and each and every part
thereof, which is given by or results from all laws of this State
pertaining to the exemption of homesteads.
And the said party of the first part, for himself and his heirs,
executors, and administrators, does covenant, promise, and
agree, to and with the said party of the second part, his heirs,
executors, administrators, and assigns, that he hath not made,
done, committed, executed, or suffered, any act or acts, thing
or things, whatsoever, whereby, or by means whereof, the above
mentioned and described premises, or any part or parcel there-
of, now are, or any time hereafter, shall or may be impeached,
charged, or incumbered, in any way or manner whatsoever.
In witness whereof, the said party of the first part hereunto
sets his hand and seal the day and year first above written.
Signed, sealed, and deliv-
ered in presence of ] PARK CONVERSE.
GERRY HOBBS.
11
162
LEGAL BUSINESS FORMS LANDLORD AND TENANT.
STATE OF IOWA,
DES MOINES COUNTY, f SS< I, Gerry Hobbs, a Justice of
the Peace in and for the said County, in the State aforesaid, do
hereby certify that Park Converse, who is personally known to
me as the same person whose name is subscribed to the fore-
going instrument, appeared before me this day in person, and
acknowledged that he signed, sealed, and delivered the said
instrument as his free and voluntary act, for the uses and pur-
poses therein set forth, including the release and waiver of the
right of homestead.
Given under my hand and seal, this fourteenth day of Octo-
ber, A. D. 1872.
GERRY HOBBS,
Justice of the Peace.
Release.
KNOW ALL MEN by these presents, that I, Arthur Babcock
of Logansport, of the County of Cass, and State of Indiana,
for and in consideration of One dollar, to me in hand paid,
and for other good and valuable considerations, the receipt
whereof is hereby confessed, do hereby grant, bargain, remise,
convey, release, and quit-claim unto Barton Mclnhill of Lo-
gansport, of the County of Cass, and State of Indiana, all the
right, title, interest, claim, or demand whatsoever, I may have
acquired in, through, or by a certain Indenture or Mortgage
Deed, bearing date the tenth day of September, A. D. 1870,
and recorded in the Recorder's office of said County, in book
A of Deeds, page 84, to the premises therein described, and
which said Deed was made to secure one certain promissory
note, bearing even date with said Deed, for the sum of Six
Hundred dollars.
Witness my hand and seal, this sixth day of August, A. D.
1873. fol
ARTHUR BABCOCK. Oi-s.S
STATE OF INDIANA, )
r CC
CASS COUNTY. j I, Archibald Clinton, a No-
tary Public in and for said County, in the
State aforesaid, do hereby certify that Ar-
thur Babcock, personally known to me as
the same person whose name is subscribed
to the foregoing Release, appeared before
me this day in person, and acknowledged
that he signed, sealed, and delivered the
said instrument of writing as his free and
voluntary act, for the uses and purposes
therein set forth.
Given under my hand and seal, this sixth
day of August, A. D. 1873.
ARCHIBALD CLINTON, N. P.
LANDLORD AND TENANT.
A person leasing real estate to another is
termed a landlord ; the person occupying such
real estate is known as a tenant. The person
making the lease is known in law as the lessor;
the person to whom the lease is made, as the
lessee. No particular form of wording a lease is
necessary. It is important, however, that the
lease state, in a plain, straightforward manner,
the terms and conditions of the agreement, so
that there maybe no misunderstanding between
the landlord and tenant.
It is essential that the lease state all the condi-
tions, as additional verbal promises avail nothing
in law. It is held, generally, that a written in-
strument contains the details, and states the bar-
gain entire, as the contracting parties intended.
The tenant can sub-let a part, or all, of his
premises, unless prohibited by the terms of his
lease.
A lease by a married woman, even if it be
upon her own property, at common law, is not