State of Louisiana
Parish of LivingstonTransfer of Land
Richard Wade & Wife [Mary Ann Scaggs] to William Wells
Dec 16th 1846Be it Known and Remembered, that on this Sixteenth day of December, 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 Seventy first,
Before me, Jacob F. Randolph, Recorder of said Parish, and duly authorised by law to exercise the powers of Notary Public, therein, personally came and appeared Mr. Richard Wade, 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, evictions, donations, alienations, or other incumbrances, whatsoever, unto Mr. William Wells of the same Parish & State, here present, accepting and purchasing for himself, his heirs, and assigns, and acknowledging delivery and possession, thereof, the following Described Land to wit:
One hundred and fifty acres of land more or less, lying and being in the Parish of Livingston, and State, & bounded as follows to wit:
North by lands of William Durbin, South by the Lake March, East by the lands of Hyde, West by Curtis Branch, or lands of Wade - together with all the Improvements thereon.To have and to hold, the said property unto the said purchaser, his heirs, and assigns, to their proper use and behoof, forever; and the said vendor for himself, his heirs, & assigns, the said Land to the said Purchaser, his heirs, and assigns, shall and will warrant, and forever defend, against the lawful claims of all persons, whatsoever, by these presents, the said vendor, moreover, subrogating the said purchaser to all the rights, and actions, of warranty, which he has, or may have, against his own vendor, or the vendors of his vendor, hereby authorising the 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 One hundred and Eighty seven 50/100 Dollars cash in hand paid, the receipt, whereof, is hereby fully acknowledged before signing this instrument.
And thereupon, personally came, and appeared, and intervened to this act, Mistress Mary Ann Wade, wife of Richard Wade, who being herein duly authorised, and assisted by her said husband, took Cognizance of the foregoing act of conveyance, which I, Recorder, 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 right she has by mortgage or otherwise, on the property therein conveyed, upon which Recorder 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 brought by her in marriage.
Second - For the restitution of dotal property by her acquired during marriage, by inheritance, donation or otherwise.
Third - 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 he has had, or may have, the administration or enjoyment, or of which he may otherwise have benefited,
Fifth -For nuptial presents made to her by her said husband or others;That 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 again 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, his heirs, and assigns, to be had and held, by him and them, and by them enjoyed in law, and thereout; and she hereby binds herself, and her heirs, to the said purchaser, his heirs, and assigns, that she, and they, shall and will at all times, acknowledge the validity of the present, and of the renunciation she now makes, of all rights which she has, or may have, in and to the property 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 hereby dispensed with by the Parties, which releases me, Recorder, from any Responsibility whatsoever for the non-production thereof , as required by article 3328 of the Civil Code of Louisiana.
Thus done and [passed] at the house of R. Wade in the Parish of Livingston, the day, month and year first above written, in the presence of Christian Grenes and Naylor McMullen, witnesses of lawful age, and domiciliated in this Parish, who have hereunto signed their names, together with said appearers, and me, said Recorder.
[Signed]
R. Wade
Mary Ann X Wade [her mark]
Wm. Wells[Witnesses]
Christian Grenes
Naylor McMullenJacob F. Randolph, Recorder
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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