State of Louisiana
Parish of Livingston
Sale of Land
James Morrison & wife [Rebecca Richardson Durbin]
to Mary A. Grass
09 May 1857
Be it known, that this day before me, Purnell F. Starns, recorder of Mortgages and Ex officio of Notary Public, in and for the Parish of Livingston, State of Louisiana, aforesaid, duly commissioned and sworn, and in the presence of witnesses hereinafter named and undersigned, Personally came and appeared Mr. James Morrisson a citizen of the Parish and state aforesaid and a married man, who did declare and say that, for the considerations herein after expressed, Leaves by these presence [sic], 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 Mrs. Mary Ann Grass, wife of Emile Grass, both being citizens of the Parish and State aforesaid have accepting and purchasing for herself, her heirs and assigns, and acknowledging delivery and possession thereof, the following described property, to with:The both? East quarter, of the South East quarter of section No. Eleven and the South west quarter of the Southwest quarter of section No. Twelve in Township No. even South range No. seven east being in the Greensburg land district of Louisiana containing eighty and 98/100 acres with all the improvements thereon.
To have and to hold, the said land unto the said purchaser her heirs and assigns, to their proper use and behoof forever, and the said vendor for himself his heirs & assigns the said land unto the said purchaser her heirs and assigns, shall and will warrant and forever defend against the lawful claims of all persons whosoever, by these presents, hereby subrogating the said purchaser to all the rights and actions of warranty which she has against her own vendor or against all preceding vendors, with full power and authority to exercise the same according to law.
This sale is made for and in consideration of the sum of Three hundred and fifty dollars for which amount Purchaser has furnished her two promisary notes of even date with this act and endorsed by Emile F. Grass and payable on the first day of January 1858 with eight per cent interest after maturity till paid and in order to secure the full and final payments of said notes and interest with all the cost that may accrue thereon the vendor retains a special mortgage on the land herein conveyed said notes being paraphed by me recorder in order to Identify them with this act.
The certificate from the recorder of mortgages of the Parish of Livingston, State of Louisiana as required by article 3328 of the Civil Code of he said State of Louisiana is waived by the Purchaser.
And now personally came and intervened in these presence, Mistress Rebecca Durbin, wife of James Morrison, who did declare unto me, Notary, that it is her wish and intention to release in favor of the said purchaser the land herein described, from the matrimonial, dotal, paraphernal and other rights, and from any claims, mortgages or priveleges to which she is or may be entitled, whether by virtue of her marriage with her said husband, or otherwise.
Whereupon, the said Notary, did inform the said wife apart and out of the presence and hearing of her said husband, and before receiving her signature, that she had by law a legal mortgage on the property of her said husband.First - For the restitution of her dowry, and for the reinvestment of the dotal property sold by her husband and which she brought in marriage, reckoning from the celebration of the marriage.
Secondly - For the restitution and reinvestment of the dotal property by her acquire since marriage, whether by succession or donations, forever, the day the succession was opened or the donation perfected;
Thirdly - For nuptial presents,
Fourthly - four debts by her contracted with her said husband; and
Fifthly - For the amount of her paraphernal property alienated by her and received by her said husband, or otherwise disposed of for the individual interest of her said husband.
And the said wife did thereupon declare unto me, Notary, that she was fully aware of and acquainted with the nature and extent of the matrimonial, dotal, paraphernal and other rights and privileges there secured to her by law, on the property of her said husband, and that, availing herself of the rights secured to her by the second section of and act passed by the legislature of this State, authorizing wives to make valid renunciations, approved on the twenty seventh day of March, Eighteen hundred and thirty five, she nevertheless did persist in her intention of renouncing, not only all the rights, claims and privileges herein before enumerated and described, but all others of any kind or nature whatever, to which she is or may be entitled by any law now or heretofore in force in the State State (repeated word) of Louisiana.
And the said husband being now presently arising and authorizing his said wife in the execution of these presents, she the said wife, did again declare that she did and doth hereby make a Renunciation and relinquishment of all her said matimonial, dotal, paraphernal and other rights, claims, and privileges, in favor of the said purchaser binding herself and her heirs, at all times, to sustain and acknowledge the validity of this renunciation.
Thus done and passed at the Parish aforesaid in presence of George Richardson and Elijah Settoon, witnesses of lawful age, domiciliated in this Parish who hereunto sign their names, together with the said parties, and me the said Notary, on this ninth day of May in the year of our Lord one thousand Eight hundred and fifty seven. Mr. Elijah Settoon not knowing how to sign his name makes his mark thus X.
Mary A. Grass
E. Settoon X [his mark]
P. F. Starns, Recorder
State of Louisiana
Parish of Livingston
To all to who these presents come, greeting:
Patent No. 3095 Whereas, James Morrison of the Parish of Livingston in the State of Louisiana has deposited in the land office of Louisiana a certificate of the register of said office whereby it appears that the said James Morrisson has located under Warrant No. 1040 N. S. H? issued by the state of Louisiana, in pursuance of late the following described swampland, to wit,The South East quarter of the South East quarter of section No. Eleven (11) and the South west quarter of the South West qr of Section No. Twelve (12) in Township No. Seven (7) South Range No. (7) East Greensburg District, Louisiana, containing eighty one acres and ninety eight hundredths of and acre according to the official plat of the survey of said lands returned to the said State Land Office.
Now know Ye, that the State of Louisiana, in consideration of the premises, and in conformity with Law in such case made and provided, has given, granted and sold, and by these presents does give, grant and sell, unto the said James Morrison and to his heirs, the above described land.
To have and to hold the same, together with all rights, title and privileges thereunto belonging unto the said James Morrison his heirs and assigns forever.
In Testimony whereof, I, Robert C Wickliffe, Governor of the State of Louisiana, have caused these letters to be made Patent and Seal of the State Land Office to be hereunto affixed.
Given under my hand at the City of Baton Rouge, the twenty ninth day of October in the year of our Lord one thousand eight hundred and fifty six and of the Independence of the United States the Eighty first.
By the Governor Robert C. Wickliffe
Register of the Land Office
Record of Patents, Vol. 3 Page 210
Truly Recorded April 28th 1870
Geo. D. Wells, Recorder.
Tangipahoa Parish, Louisiana
Source: Conveyance Records - 1835-1865, Livingston Parish, Louisiana (FHL Film 0355915) Back to the Top
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