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State of Louisiana
Parish of Livingston
Louisiana State Seal

Sale of Land
James Durbin, his co-heirs to Thomas Lauson & James Rice
04 December 1835

Be it Known and remembered that on this fourth day of December in the year of our Lord One thousand eight hundred and thirty-five and the Independence of the United States of America the sixtieth year, before me, Thomas Kennedy, Parish Judge of the Parish and State aforesaid and duly authorised [sic] by law to exercise the powers of Notary Public therein personally came and appeared Mr. James Durbin and Keziah Traylor, his wife, and Skipwith Durbin and Ann Headen, his wife, and William Durbin and Rebeccah Richardson, his wife, and Jeremiah Durbin and Jean Harden, his wife - the aforesaid wives ... duly assisted and authorised by their said husbands in the execution of this act - also Mrs. Levina Durbin, wife of James Morgan, and Mrs. Mary Durbin, wife of David Gaines, who having been duly assisted and authorised [sic] by in the execution of this act, also Wm. John Eagan, the husband of Elizabeth Durbin, who did declare and say that for and in consideration of the sum of Eleven hundred Dollars cash in hand paid, the receipt whereof they do hereby acknowledge, they do by these presents grant, bargain, sell, convey, assign, set over and deliver with a full guarantee against all troubles, debts, mortgages, debts, claims, evictions, liens, donations or other incumbrances [sic] whatsoever unto Franklin M. Lea of the City of New Orleans, agent and attorney in fact for Doctor Thomas Lauson and John Rice, of the said City of New Orleans, as will appear by the Power of attorney made by ... signature dated the 13th day of November A. D. 1835 and on file in my office,

A certain tract or parcel of Land situate in the Parish of Livingston and on the west side of the river Tangipahoa containing five hundred and forty acres Bounded north and above on said river by lands of Jesse Darling, South by the lands of Wm. Hanney or belonging to the Mill Property, West by vacant lands and east by the said river Tangipahoa, together with all the buildings and improvements thereon.

It being the land inherited by the said vendors from the succession of their Father and Mother. To have and to hold the above described property with all Improvements privaliges [sic] and appurtenances thereunto belonging to the said purchasers their heirs and assigns forever.

The said vendors binding themselves their heir and assigns that they will warrant and defend the title in and to the said discribed [sic] tract of Land in the present possession of the said purchasers against the claims of all persons whomsoever.

And the said John Eagan and ... said vendors co-heirs of the above ... trace of Land declare... the wife of John Eagan, Elizabeth Durbin haveing [sic] contracted and sold his share or portion in the above tract of Land to James Durbin in her life time and after she was of the age of maturity and received the payment for the same of the said James Durbin, but they Brother and Sister did not have the said sale made and authorised act of - they haveing [sic] confidence in each other - therefore we the said vendors do declare that we will defend and warrant the part of said land - being one sixth part - the property of Elizabeth Durbin, our dead sister, against the claims of all and every person or persons whomsoever unto the said present purchasers their heirs and assigns forever.

Then to these presents came and interviewed Mrs. Keziah Traylor, wife of James Durbin; Mrs. Ann Headen, wife of Skipwith Durbin; Rebeccah Richardson, wife of William Durbin; and Jean Headen, wife of Jeremiah Durbin; who being all assisted and authorised [sic] by their said husbands to the full extent and validity hereof, who did each of them declare and say that they are aware that they have a legal mortgage on the property herein sold as well as on all other property of their said husbands for the restitution of their dotal effects whether brought in marriage or subsequently acquired whether by donation or succession and has been alienated by their said husbands for the restitution of their paraphernal [sic] property of which their said husbands has had the administration or enjoyment and has alienated the same from debts which they have contracted and for which they have made themselves liable jointly with their said husbands and for ... presents.

But wishing to give the said purchasers a perfect title to the property herein sold, they do declare that they voluntarily relinquish to the said purchasers all the right title claim lein [sic] privalege [sic] or mortgage which they have to the same property arising from any cause whatsoever.

It appears by the Certificate of the Recorder of Mortgage of the Parish of Livingston and of this date that the property herein sold is free of any mortgage or claim registered in this office against the present vendors.

And Mr. Skipwith Durbin and wife Ann Headen; Mr. Jeremiah Durbin and wife Jean Headen; Mr. Daniel Gaines and wife Mary Durbin; Mr. James Morgan and wife Mrs. Levina Durbin; and Mrs. Keziah Traylor wife of James Durbin; and not knowing how to write their names here made their ordinary marks.

This done and passed in the Parish of Livingston in the presence of John B. Dunnington and Azemiah Stevens, witnesses of lawful age and domiciled in this parish who have hereto signed their names with the dentees? and me, the said Judge and Notary, this day and date first above written.

James Durbin X [his mark]
Keziah Durbin X [her mark]
Skipwith Durbin X [his mark]
Ann Durbin X [her mark]
Jeremiah Durbin X [his mark]
Jean Durbin X [her mark]
Mary Gaines X [her mark]
David Gaines X [his mark]
James Morgan X [his mark]
Levina Morgan X [her mark]
John Eagen
William Durbin
Rebbeccah Durbin
T. W. Lea Agent and ... in fact of Thomas Lauson and John Rice

John B. Dunnington
Azemiah Stevens

State of Louisiana
Parish of Livingston
Louisiana State Seal

I certify that the foregoing act has been duly recorded in my office. Given under my hand this 28th day of December A. D. 1835.

Thomas Kennedy
Parish Judge

Power of Atty
T. W. Lea
New Orleans
Nov 13, 1835

We hereby authorise [sic] and empower T. W. Lea for us and in our names to sign and accept a sale of a Tract of Land on the Tangipahoa River in this State from James Durbin and others as passed this 13th day of November 1835 before Hon. Thomas Kennedy, Judge of the Parish of Livingston.

Witness our hands this day and year above written.

Jno. Rice
Th. Lauson

T. H Lea, Clerk
Thos. Kennedy, Parish Judge

Truly Recorded April 1st 1870
Geo. D. Wells
Tangipahoa Parish, Louisiana

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

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