Mortgage agreement between the Church and Mead, Stafford & Co., July 11, 1837, for the Kirtland Temple.

Date
Jul 11, 1837
Type
Manuscript
Source
Joseph Smith, Jr.
LDS
Hearsay
Scribed Verbatim
Direct
Reference

Mortgage to Mead, Stafford & Co., 11 July 1837, The Joseph Smith Papers website, accessed April 24, 2024

Scribe/Publisher
Ralph Cowles, Reuben Hitchcock
People
Hyrum Smith, Jared Carter, Sidney Rigdon, Jonas Stafford, Robert W. Mead, Joseph Smith, Jr., Oliver Cowdery, John C. Reynolds, Zalmon H. Mead
Audience
N/A
Transcription

Know all men by these presents, that we Joseph Smith junior Sidney Rigdon, Oliver Cowdery, Hyram [Hyrum] Smith, Reynolds Cahoon, and Jared Carter of Kirtland, County of Geauga and State of Ohio, in consideration of the sum of four thousand five hundred Dollars received to our full satisfaction of Zalmon H. Mead, Jonas Stafford, and Robert W. Mead merchants of the City of New York trading under the name and firm of Mead Stafford & Co, do hereby bargain, sell, assign and transfer to the said Zalmon H. Mead, Jonas Stafford, and Robert W. Mead merchants of the City of New York trading under the name and firm of Mead Stafford & Co as aforesaid, their heirs and assigns, all the right, title, and interest, which we, or either, or any of us leave in and to the Stone temple in situate in Kirtland aforesaid, called also the “Chapel house” and in and to the land on which the same is situate, and including and hereby expressly selling and conveying to the said Zalmon H. Mead, Jonas Stafford, and Robert W. Mead their heirs and assigns all the right, title, and interest which we or either of us have in and to any and all furniture used in and about said house, and in and to all ancient curiosities, writings paintings or & sculpture, therein contained and an kept, and including also, and hereby expressly understood selling and conveying to said Zalmon P H. Mead, Jonas Stafford, and Robert W. Mead <​any and​> all the debts in any manner due and owing to us or either or any of us for services renderd, materials furnished, or advances of money or other property made for the building & <​furnishing​> of said house, and particularly a debt of about six <​sixteen​> thousand Dollars due said Hyram Smith, Reynolds Cahoon, and Jared Carter for advances made towards the building & furnishing of said house— To have and to hold all the premises aforesaid to the said Zalmon H. Mead, Jonas Stafford, and Robert W. Mead, their heirs or assigns forever <​to their own proper use & behoof forever—​> On the The condition of the above instrument is such that whereas we the said Joseph Smith junior, Sidney Rigdon, Oliver Cowdery, Hyram Smith, Reynolds Cahoon, and Jared <​Carter​> have this day executed and delivered to the said Zalmon P H. Mead, Jonas Stafford, and Robert W. Mead our three joint and several promissory notes all duly executed by us and all bearing even date herewith and all payable to said Zalmon W H. Mead, Jonas Stafford and Robert W. Mead (by the name & description of their said firm of Mead Stafford & Co) or order, one for the sum of thirteen hundred and seventy seven dollars and one cent due on the eighhth day of July AD 1837 1838, one for the sum of fourteen hundred and sixty four Dollars and fifty four cents due on the eighth day of July AD 1839, and one other for the sum of fifteen hundred and fifty two Dollars and twenty two cents due on the eighth day of July AD 1840, now if we the said Joseph Smith junior, Sidney Rigdon, Oliver Cowdery, Hyram Smith, Reynolds Cahoon, and Jared Carter, or either <​of us​> shall well and truly pay the aforesaid notes according to the tenor and effect thereof to at the time the same become due, to the said Zalmon P H. Mead, Jonas Stafford, and Robert W. Mead, their heirs, executors, administrators or assigns, then the above obliga sale and assignment to be void, otherwise to remain in full force and virtue in law; and it is further <​expressly​> understood that the said Zalmon C H. Mead, Jonas Stafford, and Robert [W.] Mead are not to take possession of, or dispose of the property above described until the said eighth day of July AD 1840 when said last mentioned note becomes due, provided however & it is expressly stipulated, that in case we the said Joseph Smith junior, Sidney Rigdon, Oliver Cowdery, Hyram Smith, Reynolds Cahoon, or & Jared Carter, or either, or any of us shall <​at any time​> attempt to remove, or sell, or dispose of any of the property aforesaid, then it shall be competent for the said Zalmon C H. Mead, Jonas Stafford, and Robert W. Mead, forthwith a[n]d they are hereby authorized & empowered forthwith to take possession of, and sell, and convey and dispose of all the and singular the property rights and credits aforesaid, in such manner, and to such persons, and on such terms as they shall see fit— In witness whereof, we have hereunto set our hands and seals this eleventh day of July AD 1837—

Joseph Smith Jr Seal

Sidney Rigdon Seal

Hyrum Smith Seal

Reynolds Cahoon Seal

Jared Carter Seal

Oliver Cowdery Seal

The mummies and ancient mummies <​writings​> now in said temple are now excepted from the above assignment because they are not owned by me or any of the other makers of the foregoing instrument—

Kirtland July 11th 1837—

Joseph Smith Jr S[eal]

Whereas there is a doubt whether by the terms of the above assignment, the said makers of said assignment are <​not​> precluded from giving to any other person or persons a mortgage on the above premises, we hereby declare that it is not our the intention of the above consignment that any mortgage of given by said makers on the same property shall not be construed as a sale or disposition of said property so as to authorize us to take possession of and sell, dispose of & convey the same, prior to said eighth day of July AD 1837 1840, but we do not hereby waive any legal preference which the above sale & assignment gives us over to any subsequent mortgages of the same property— Kirtland July 11th 1837—

Mead Stafford & Co

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