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Rankin Family History Project

State of Louisiana
Parish of Livingston
Louisiana State Seal

Act of Sale
Thomas McCabe to Arnold Denker
12 May 1845

Be it Known and remembered, that on this Twelfth day of May in the year of our Lord one thousand eight hundred and forty five and in the year of the Independence of the United States of America the Sixty ninth.

Before me Jacob J. Watts, Judge of said Parish, and duly authorised [sic] by law to exercise the powers of Notary Public therein, personally came and appeared Mr. Thomas McCabe a citizen of the Parish of Livingston in the state of Louisiana who did declare and say, that for the consideration hereinafter expressed, he does by these presents grant, bargain, sell, convey, transfer, assign and set over with a full guarantee against all troubles, debts, mortgages, claims, eviction, donation, alienation, or other incumbrances [sic] whatsoever unto Arnold Denker, also a citizen of the aforesaid Parish & State, here presents accepting and purchasing for himself his heirs and assigns, and acknowledging delivery and possession thereof a certain tract or parcel of land lying situate and being in the Parish of Livingston on the Ponchtoulas river, containing three hundred and fifteen superficial acres, bounded North by Arnold Denker, East by Ponchatoulas river, South by Geo. W Metz and West by Moses Vinyard, together with all the buildings & Improvements thereon, or in any wise attached & all the servitude, customs and right of ways thereto belonging, being the same tract of land purchased by the vendor from Louis Alexis & being the present residence of the vendor.

To have and to hold the said property unto the said purchaser his heirs and assigns, to their proper use and behoof [sic], forever; and the said vendor for himself his heirs & assigns the said land to said purchaser his heirs and assigns, shall and will warrant and forever defend against the lawful claims of all persons whomsoever by these presents, the said vendor moreover subrograting [sic] the said purchaser to all the rights and actions of warranty which he has or may have against this own vendor or the vendor of his vendor, hereby authorising [sic] he said purchaser to exercise the said rights and actions in the same manner as he might or could have done.

This sale is made for and in consideration of the sum of Four hundred and fifty dollars, payable at One, Two and three years in equal annual instalments [sic] of One hundred & fifty dollars, for which said sum the purchaser has furnished his three promisary [sic] Notes of even date with this instrument and each for the sum of One hundred & fifty Dollars payable to the order of Thomas McCabe respectively at One, Two & three years, which said Notes are paraphed [sic] “Nevaviction” by me Judge in order to identify the same with this instrument & in order more fully to secure the full & final payments of the said notes respectively as they fall due together with the interest & cost that may accrue, the said before described land and Improvements stand specially mortgaged and Hypothicated & it is further agreed to by the vendee that the vendor shall have the privilege of residing on the said land if he desires so to do until the payment in full of the aforesaid Notes, binding himself not to disturb the vendor nor any person under him until the aforesaid Notes are fully paid up.

The certificate of the recorder of Mortgages of the Parish of Livingston is dispensed with by the purchaser & me, notary, released from all liability to damages resulting from the passage of this act without producing the said certificate as required by actial 3328 of the civil code of this state;

Thus done and passed at my office in the town Springfield the day, month and year first above written, in the presence of Edward L. Breed and James H. Smart, witnesses of lawful age and domiciliated in the parish, who have hereunto signed their names, together with said appearers and me, said Judge.

Thomas McCabe
Arnold Denker

E. L. Breed
James H. Smart

J. J. Watts, Parish Judge

Truly Recorded April 19th 1870
Tangipahoa Parish, Louisiana

Source: Conveyance Records - 1835-1865, Livingston Parish, Louisiana (FHL Film 0355915)

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