State of Louisiana
Parish of Livingston
Sale of Land
David Gaines and wife [Mary Durbin] to William Durbin
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 in the year of the Independence of the United States of America the sixtieth before me, Thomas Kennedy, Judge of said Parish and duly authorised [sic] by law to exercise the powers of Notary Public therein.
Personally came and appeared Mr. David Gaines of the Parish of St. Tammany said State 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, successions, donations, alienations or other circumstances whatsoever unto William Durbin of said State and Parish present accepting and purchasing for himself his heirs and assigns and acknowledging delivery and possession thereof a certain tract or parcel of land situated in the Parish of Livingston on the Netalbany [sic] River bounded by vacant lands on all sides except the North which is bounded by Skipwith Durbin containing five hundred and forty acres together with all the buildings and improvements thereon.
To have and to hold the said property unto the said purchaser his heirs and assigns forever to their proper use and behoof [sic] forever, and the said vendor for himself to the said purchaser the above property the heirs and assigns shall ... will ... warrant and forever defend against the lawful claims of all persons whomsoever by these presents the said vendor moreover subrogating [sic] the said purchaser to all the ... and actions of warranty which he ever had or may have against his own vendor or the vendors of their vendor hereby authoriseing [sic] said purchaser to exercise the said ... and actions in the same manner ... might or could have done.
This sale for an in consideration of the sum of ... hundred dollars cash in hand ... receipt of which is hereby acknowledged ...
Then to these presents personally came and interviewing Mistress Mary Durbin, wife of David Gaines, who being duly assisted and authorised [sic] by her said husband to the full extent and validity thereof declaring that she is aware that she has a legal mortgage on the property herein sold as well as on all other property of the said husband for the restitution of her dotal effects whatever brought in marriage or subsequently acquired either by donation or succession and alienated by her said husband for the restitution of her paraphernal [sic] effects of which her said husband has had the administration or enjoyment and has alienated the same for debts which she has contracted and to which she has made herself liable jointly with her said husband and for mutual presents, but wishing to give the said purchaser a perfect title to the property herein sold, she hereby declares that she voluntarily relinquishes to him all her right title claim lein [sic] privalege [sic] or mortgage which she has on or to said property arriseing [sic] from any cause whatever.
It appears by the certificate of the Recorder of Mortgages for this Parish of this date that the property herein sold is free of any lein [sic] or mortgage registered against the present vendor.
This done and passed at my office in the Town of Springfield the day month and year first above written in the presence of John B. Dunnington and Azemiah Stevens, witnesses of lawful age and domiciled in this Parish who have hereunto signed their names together with said appearers [sic] and me said Judge.
Davis Gaines X [his mark]
Mary Gaines X [her mark]
John B. Dunnington
Thomas Kennedy, Parish Judge
Truly Recorded Apr 1st 1870
G. 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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