State of Louisiana
Parish of Livingston
Act of Sale
Thomas G. Davidson to James McDaniel
06 April 1842
Be it Known and Remembered, that on this Sixth day of April in the year of our Lord, one thousand eight hundred and Forty two, and in the year of the Independence of the United States of America, the Sixty Sixth.
Before me, Burlin Childress, Judge of said Parish, and duly authorised by law to exercise the powers of Notary Public therein, personally came and appeared Thomas Green Davidson of the Parish of Livingston, 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. James McDaniel, a citizen of the Parish of Jefferson, here present, accepting and purchasing, for himself, his heirs, and assigns, and acknowledging delivery and possession thereof,A certain tract, or parcel of Land, situate lying & being in the Parish of Livingston, in the west side of the Ponchatoulas river, bounded North by Lands of Doctor Downey?, or Antoine Tract, South by Public Lands, East by the River Ponchatoulas, West by the Driggers tract, & Public Lands, containing Six hundred & forty acres, being Known as the John Knight Tract, formerly owned by Mary L. Rankin, deceased, and derived to present vendor from, or at the sale of the said Mary L. Rankin, deceased, & her from said John Knight, dec’d.
To have and to hold, the said property unto the said purchaser, his heirs, and assigns, to their proper use and behoof, for ever; 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, whomsoever, 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 thousand Dollars (1000.00), the payment of which the said Purchaser assures to the Estate of Mary L. Rankin, that being the piece of Land, herein transferred, to be paid in twelve months, from the date of the adjudication made to said Davidson at the sale made for the account of said Estate, and the mortgage retained on said property in favour of said Estate still existing, & to continue until final payment, the said purchaser assuming the exact portion of said vendor.
And, Thereupon, personally came, and appeared, and intervened to this act, Mistress Frances E. Davidson, wife of the said Thomas G. Davidson, 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 Land 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 possesses 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 he 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, 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 she 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, she, 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 Land, 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 sale, 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.
It appears by the certificate of the Recorder of Mortgages, This certificate is dispensed with ,& the parties release me, Notary, from any Liability to damages resulting from the passage of this act without the same
Thus done and passed at my office in the town of Springfield, the day, month and year first above written, in the presence of D. H. Gillespie and W. L. Breed, witnesses of lawful age, and domiciliated in this Parish, who have hereunto signed their names together with said appearers, and me, said Judge.
Thomas Green Davidson
Francis C. Davidson
D. H. Gillespie
W. L. Breed
Burlin Childress, P. J.
Truly Recorded, April 12th 1870
Geo. D. Wells, Recorder
Tangipaho Parish, Louisiana
Source: Conveyance Records - 1835-1865, Livingston Parish, Louisiana (FHL Film 0355915) Back to the Top
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