Mortgage agreement between Joseph, William Miller, William Smith, and Don Carlos Smith with Peter French for land in Kirtland.
“Mortgage to Peter French, 5 October 1836,” The Joseph Smith Papers website, accessed February 21, 2024
Wm. Miller, Wm. Smith, Don C[arlos] Smith & Joseph Smith Jr. To Peter French
To all people to whom these presents shall come Greeting Know Ye that we William Miller William Smith & Don Carlos Smith, Joseph Smith Jun. of Kirtland in the <County of Geauga &> State of Ohio for the consideration of nine thousand, seven hundred, and Seventy seven dollars 50/100 received to our full satisfaction of Peter French, do give grant, bargain sell & confirm unto him the said Peter French the following described Tract or lot of land situate in the township of Kirtland being number nine in the ninth Range of Townships in of the Connecticut Western Reserve in the State of Ohio, and which is also in the County of Geauga and is known by being a part of Lots No. one, nine and ten and is bounded as follows, beginning at the S.W. corner of Tract No. two thence E on the line of said tract Eighty rods sixteen and a half links, thence northerly on the W. line of a lot of land now owned by Eli Bunnell to said Bunnells N.W. corner, thence E to the centre of the highway leading from Kirtland Mills to the Metcalf Settlement so called, thence northerly on said highway to the S. E. corner of a lot of land now owned by Joshua Roberts; thence westerly on the S. line of said Roberts land one hundred and eighteen rods and six links to the W. line of said Tract No. two thence S. on said line, two hundred and ninety two rods and twenty two links to the place of beginning. Also another piece beginning at the N W. corner of land now owned by Ezekiel Rider, thence south on said Riders and John Huffmans land, to the corner of the sixty acres formerly owned by Joel Roberts thence W. parallel with the N. line of said lot to the centre of the Road thence N westerly on the centre of said Road to the centre of the E & W. (County) Road thence E on said Road far enough so that a line drawn N. parallel with the E line of said Lot shall contain thirty acres; thence north on said line to the N. line of the Gore or lot, thence East on said Lot line to the place of beginning, containing in all the two above Surveys two hundred thirty nine acres and ninety one rods, be the same more or less, but subject to all legal highways. To have and to hold the above granted and bargained premises with the appurtenances thereof unto him the said Peter French his heirs and assigns forever to his own proper use and behoof. And we the said Wm Miller Wm Smith, Don C. Smith & Joseph Smith Junr. do for ourselves our heirs executors and administrators, covenant with the said Peter French his heirs and assigns that at and until the ensealing of these presents we were well seized of the premises, as a good indefeasible estate in fee simple and have good right to bargain and sell the same in manner and form as above written, and that the same be free of all incumbrances, whatsoever. And furthermore we the said Wm Miller Wm. Smith, Don C Smith and Joseph Smith Junr. do by these presents bind ourselves and our heirs, forever to Warrant and defend the above granted and bargained premises to him the said Peter French his heirs and assigns, against all lawful claims and demands whatsoever. And we the said Phebe Miller, Caroline [Grant] Smith, Agnes M. [Coolbrith] Smith & Emma Smith, do hereby remise, release, and forever quit-claim unto the said Peter French his heirs and assigns, all my right and title of dower in and to the above described premises. The condition of this deed is such that whereas the said Wm Miller Wm Smith, Don C Smith & Joseph Smith Jr. have executed and delivered to the said Peter French, fourteen promissory notes payable to him or bearer as follows: (to wit,) one of One thousand dollars on the fifth of April in the year one thousand Eight hundred and thirty Eight, & one of one thousand dollars in on each successive fifth of April thereafter until the fifth of April in the year one thousand Eight hundred and fifty one when they are to pay one of three hundred and ninety Eight dollars and Eighty cents. Now if the said Wm. Miller William Smith, D. C. Smith & J. Smith Junr. their heirs assigns, executors, or administrators, shall well and truly pay the aforesaid Notes, according to the tenor thereof to the said Peter French his heirs or assigns, then the above deed shall be void, otherwise to remain in full force and virtue In witness whereof we have hereunto set our hands and seals, this fifth day of October in the year of Our Lord One thousand eight hundred and thirty six.
Phebe Miller Seal Wm. Miller Seal
Caroline Smith Seal Wm Smith Seal
Agnes M. Smith Seal Don C. Smith Seal
Emma Smith Seal Joseph Smith Jr Seal
Signed sealed and delivered in presence of Joseph Pine
Arial Hanson
The State of Ohio
Geauga County ss. Oct. 5. 1836
Personally appeared Wm. Miller Wm. Smith Don C. Smith & Joseph Smith Jr. who acknowledged that they did Sign and seal the foregoing instrument; and that the same is their free act and deed. I further certify that I did examine the said Phebe Miller, Caroline Smith Agnes M Smith & Emma Smith separate and apart from her said husband and did then and there make known to her the contents of the foregoing instrument; and upon that examination she declared that she did voluntarily sign seal and acknowledge the same and that she was still satisfied therewith
Before me Arial Hanson Justice of the peace
Recd. 24th. at 1/2 past 2 o’clock PM & Recorded 26 Octr. AD 1836 Ralph Cowles Recorder