State of Louisiana
Parish of LivingstonAct of Sale
James Hutchinson & Co. to Sarah Morrison
06 January 1846Be it Known and Remembered, that on this sixth day January in the year of our Lord One thousand Eight hundred and forty six, and in the year of the Independence of the United States of America, the seventieth.
Before me Jacob J. Watts, Judge of said Parish and duly authorised by law to exercise the powers of Notary Public therein, personally came and appeared Thomas Hutchinson, James Hutchinson and Combs Hutchinson, all citizens of the aforesaid Parish and State who did declare and say, that for the consideration hereinafter expressed they do by these presents, grant, bargain, sell, convey, transfer, assign, and set over, with a full guarantee against all troubles, debts, mortgages claims, evictions, donations, alienations, or other incumbrances whatsoever unto Mistress Sarah Hutchinson wife of James Morrison, and herein duly authorised, and assisted in the execution of this act by her said husband, here present, accepting and purchasing for herself, her heirs and assigns, and acknowledging delivery and possession thereof the following described property to wit, Their undivided interest each for himself in and to the following described tract of land, to wit -
Six hundred & forty acres of land more or less, Know [sic] as the Peter Hutchinson tract, situate on the East side of Natalbany, being section Nineteen Township [blank space] & bounded North by public lands, East by land belonging to Nancy Cunningham, South by the Benjamin Hutchinson tract of land, & West by public lands, together with all the improvements being the same land which the present vendor inherited from the succession of their deceased father Peter Hutchinson, conveying to the purchaser, all their rights, title & Interest in said land and subrogating her to all acts of warranty which they now have or may have hereafter.To have and to hold, the said property unto the said purchaser her heirs and assigns, to their proper use and behoof, forever; and the said vendors for themselves their heirs & assigns, their interest in said land to said purchaser her 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 subrogating the said purchaser to all the rights and actions in the same manner as they might or could have done.
This sale is made for and in consideration of the sum of One hundred & fifty Dollars cash in hand paid, which the vendors acknowledges to have recieved [sic] as payment in full for their interest in & to the above described tract of land before signing this instrument.
And thereupon personally came and appeared and intervened to this act, Mistress Margaret Kinchen, wife of Thomas Hutchinson & who being herein duly authorised and assisted by her said husband took cognizance of the foregoing act of conveyance, which I, Judge, carefully read and explained to her and having so done, she declared that it was her intention, not only to ratify said sale, but to make renunciation of all rights she has by mortgage or otherwise on the property therein conveyed, upon which I, Judge, declared to her separately and apart from her said husband as it is my duty, that by the Laws of this State, she possessed a general Mortgage on all the property of her said husband and upon that of the community in case she should renounce thereto;
First - for the restitution of her dower, and the re-investment of dotal property bough by her in marriage
Second - For the restitution of dotal property, by her acquired during marriage, by inheritance, donation or otherwise;
Third - For indemnity against all debts contracted or which she might hereafter contract with her said husband.
Fourth - For such of her paraphernal property and funds as may have been alienated by her said husband or of which she has had, or may have the administration or enjoyment, or of which he may otherwise have benefited [sic]
Fifth - For nuptial presents made to her by her said husband or othersThat in making her intended renunciation, she would deprive herself irrevocably and forever, of all rights of reclamation against said sale, whether under mortgage, privilege or otherwise.
Whereupon, the said wife declared that she still persisted in the intention she had announced to ratify said sale, and to dispossess herself of all rights and liens which she has upon said property whether by marriage contract, dower, donation or otherwise; and the said husband being now again present before me, and authorising his said wife again declared, that she does hereby “Formally Renounce” henceforth and forever, all and singular her said rights, and transfer the same to the said Purchaser her heirs and assigns, to be had and held by her and them, and by them, enjoyed in law and thereout; and she hereby binds herself and her heirs to the said purchaser her heirs and assigns, that she and they shall and will at all times, acknowledge the validity of the present sale, and of the renunciation she now makes of all rights which she has or may have, in and to the the [repeated word] property so sold’ and that neither she nor they shall ever seek to oppose or impair the force of this act; hereby renouncing the benefit of all laws, privileges and customs of which she might avail herself or which are in her favor in the Premises.
The Certificate of the Recorder of Mortgages is waived by the Parties. Thus done and passed at my office in the town of Springfield the day, month and year first above written, in the presence of Joel Wielburn and William Cunningham, witnesses of lawful age and domiciliated in this Parish, who have hereunto signed their names, together with said appearers and me, said Judge.
[Signed]
Thomas Hutchinson
James Hutchinson
Combs Hutchinson
Margaret Hutchinson
Sarah Morrison
James Morrison[Witnesses]
Joel Wielburn
William CunninghamJ. J. Watts, P. Jude
Truly Recorded April 16th 1870
Geo. D. Wells, Recorder
Tangipahoa Parish, LouisianaSource: Conveyance Records - 1835-1865, Livingston Parish, Louisiana (FHL Film 0355915) Back to the Top
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