Montgomery County IA Archives History - Books .....Early Records Of Montgomery County - P. 329-340 1881 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ia/iafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Alice Warner http://www.genrecords.net/emailregistry/vols/00015.html#0003503 March 27, 2008, 3:05 pm Book Title: History Of Montgomery County Iowa, Containing A History Of The County, Its Cities, Towns, Etc. EARLY RECORDS FIRST DEED This Indenture, made and entered into this 1st day of April in the year of our Lord one thousand eight hundred and fifty-four, by and between William Stipe and Ann, his wife, of the county of Montgomery and state of Iowa, of the first part and Allen S. Donaho, of the county of Jefferson and State of Iowa, of the second part, witnesseth: That the said parties of the first part, for and in consideration of the sum of one hundred and thirty five [dollars] and 52 1/4 cents, to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have given, granted, bargained, and sold, and by these presents do give, grant, bargain, sell, convey and confirm unto the said party of the second part, and to his heirs and assigns forever, a certain tract, piece or parcel of land lying and being in the county of Montgomery, and state of Iowa, to-wit: The north half and southwest fourth of the northeast quarter of section No. 3, in own ship No. 73, north of range No. 36 west, containing one hundred and eight acres and 42-100ths. To have and to hold the said tract, piece, or parcel of lard, with all the privileges and appurtenances thereto belonging unto him, the said party of the second part, and to his heirs and assigns forever, and the said party of the first part forever binds our heirs, executors and administrators, do covenant and agree that we will warrant and forever defend the title to the said tract, piece, or parcel of land and every part thereof unto him, the said party of the second part, his heirs and assigns against the lawful claim or claims of all persons whomsoever claiming or to claim the same or any part thereof. In witness whereof the said party of the first part has (?) hereunto set their hands and seal the day and year first hereon written. William Stipe. [LS] Ann Stipe. [LS] State of Iowa, County of Montgomery, ss. Be it remembered that on this 1st day of April, in the year of our Lord, eighteen hundred and fifty-four, before the undersigned, county judge within and for the county aforesaid, personally appeared Wm. Stipe and Ann, his wife, who are personally known to the undersigned to be the persons whose names are subscribed to the foregoing instrument of writing as parties thereto and acknowledged the same to be their act and deed for the purposes therein contained. The said Ann Stipe being by the undersigned made acquainted with the contents of the foregoing instrument of writing on an examination separate and apart from her said husband, acknowledged that she executed the same and relinquished her dower in the real estate therein mentioned, freely and without compulsion or under the influence of her said husband. Amos G Lowe, County Judge. State of Iowa, Montgomery County, I, John W. Patterson, treasurer and ex-officio recorder within and for the county aforesaid, do hereby certify that the foregoing deed, together with the certificate of acknowledgment therein was received by me for record the 6th day of May AD 1854, and that the same are duly recorded in my office in book No. 1, for recording conveyances, on pages nos. 1 and 2. In testimony whereof I have hereunto set my hand and affixed my private seal at my office in said county, this 15th day of May, AD 1854. John W. Patterson Recorder [seal] FIRST MORTGAGE For the consideration of three hundred and fifty dollars, I, Andrew J. Wallingford, convey to John Gilmore the following tract of land, to-wit: Ne. 1/4 of SW quarter of section 33, in township 72 north, of range No. 36 west, containing forty acres; also, the SW 1/4 of the SW quarter of section 33, in township No. 72 north, of range No. 36 west, forty acres; also the S. 1/2 and nw quarter of the se. quarter of section No. 33, in township No. 72 north, of range 36 west, containing one hundred and twenty acres; also the north 1/2 of the nw quarter of section 4, in township 71 north, of rance No. 36 west, containing sixty-four acres and 58-100, in the county of Montgomery, and State of Iowa, [and] warrant the title against all persons whomsoever. In testimony whereof I have hereunto signed my name this 21st day of December, A.D. 1854. Andrew Wallingford. To be void upon the following conditions: That if the said Andrew J. Wallingford shall well and truly pay to John Gilmore, or cause to be paid, the sum of three hundred and fifty dollars, to be paid in the following payments: one hundred and fifty dollars one year from this date, without interest; two hundred two years after date, at the rate of ten per cent interest from the first of March 1855. Now if the said Andrew J. Wallingford shall well and truly pay the above sums as they come due, together with the interest on the last two hundred dollars, then the above deed is void and of no effect, other it will remain in force and virtue in law. In witness whereof, I have hereunto signed my name this 21st day of December, A.D. 1854. State of Iowa, Montgomery County, ss: Before me, the undersigned, a justice of the peace of said county, personally appeared Andrew J. Wallingford, who is personally known to me to be the identical person whose name is affixed to the above deed as grantor, and acknowledges the same to be his voluntary act and deed, this 21st day of December, A.D. 1854. R.M.G. Patterson, Justice of the Peace. State of Iowa, Montgomery County, ss.: I, John Gilmore, recorder within and for the county aforesaid, do hereby certify that the foregoing mortgage, together with the certificate of acknowledgement thereon, was recorded by me on the 21st day of December, A.D. 1854, in book No. 1, pages 16 and 17, of recording conveyances. In testimony whereof, I have hereunto affixed my private seal, there being no seal provided for said county this the 21st day of December, A.D. 1854. John Gilmore, Recorder Montgomery County, Iowa. FIRST DISTRICT COURT Be it remembered that at a regular term of the district court of Montgomery county, the state of Iowa, held at the town of Frankfort, the county seat of said county, on the 17th day of November, A.D. 1856. Present, the honorable E.H. Sears, district judge; Amasa Bond, district clerk; L.C. Cook, sheriff; by Joseph Zuber, deputy. The following proceedings were had and done, vis: Now at this time the regular pannel of grand jurors being called the following persons appeared and answered to their names: Wm. Dunn, I.N. Poston, William Dinwiddie, John Bolt, Tyra Stafford, James Robertson, Isaac Coon, R.M. McMellon, Henry Kerns, William Stipe, and the following named persons not appearing, viz: James Carlisle, G.P. West, H.C. Shank, A.J. Wallingford and Jeptha Pitman, the court ordered the sheriff to make up the deficiency by summoning five by-standers; whereupon the sheriff brings into court, John Haney, Daniel Stennett, A.J. Glover, Henry Billman, G. A. Gordon. The pannell now being filled with good and lawful men, G.A. Gordon was appointed foreman. The grand jury being now legally convoked, impanneled and sworn, and having received their charge from the court, and the foreman being authorized to administer oaths to witnesses produced before them, retired to deliberate upon their indictments and presentments. Now on motion of J.W. Russell, William L. Boydston was admitted and enrolled as an attorney and counsellor of this court, he having presented his license from the superior court of the state of Illinois, and taken the oath as prescribed by law. Now, at this time James Carlisle and George West were appointed special constables for the present term of this court, and having taken the oath as prescribed by law, entered upon the duties of their office. NORTH & SCOTT, } VS } Change of Venue from Taylor County MATHEW GROVER } Now comes the defendant's attorneys, East & Russell, and withdraw their appearance in this case, and the plaintiff's attorney, Joseph A. Hughes, makes a motion for a judgement by default and the plaintiff's producing in court the note mentioned in the petition, and the court being fully advised in the premises, it was thereupon, ordered, adjudged and determined by the court that the plaintiffs have judgment against the defendants for the sum of three hundred and sixty-eight dollars and forty cents, and the further sum of five dollars and ninety-four cents for costs of suit herein expended, and that they have execution thereof. WOODS CHRISTY, } VS. } Change of Venue from Taylor County. MATHEW GROVER, } Now the defendant's attorney, withdrawing his appearance in this case, the attorney for plaintiffs asked for judgment herein, and as said demand is founded upon a note of hand, it is therefore considered by the court here that said plaintiffs do recover of said defendant the sum of eight hundred and twenty-two dollars and twenty-five cents as their debt, and the further sum of five dollars and ninety-five cents as their costs, and that they have thereof execution. Now at this time James Carlisle, G.P. West and H.C. Shank were excused from serving as grand jurors of the present term of this court. A.G. Wallingford and Jeptha Pitman having been duly summoned to appear and serve as grand jurors at this term of the district court, and having failed to appear, it is now therefore ordered byt he court that attachments issue against said Wallingford and Pitman for contempt, made returnable at the next term of this court. Ordered that court adjourn until nine o'clock to-morrow morning. Approved November 18, A.D. 1856. E.H. SEARS, District Judge. FIRST TAX LEVY Ordered, that the tax for the present year be as follows: For county revenue, six mills on the dollar, and a poll tax of fifty cents on all liable to pay a poll; for state revenue, one and one-quarter mills on the dollar; for schools, one-half mill on the dollar; roads, one mill, and one dollar poll tax on all liable to work the roads. A.G. Lowe, County Judge August 15, 1853. FIRST TOWNSHIP ELECTION NOTICE Ordered, That an election be held at the house of John Harris on the 13th day of September, for the purpose of electing three township trustees and one clerk. A.G. Lowe, County Judge August 15, 1853. FIRST APPOINTMENT OF OFFICERS Ordered, That Samuel Dunn be appointed district clerk of Montgomery County, until August, 1854, and until his successor is elected and qualified; and it is ordered that he gives bond in the sum of five thousand dollars. A.G. Lowe, County Judge October 8, 1853. Ordered, that John W. Patterson be appointed treasurer and recorder of Montgomery County until August, 1854, and until his successor shall be elected and qualified; and it is ordered that he give bond as treasurer in the sum of five thousand dollars, and as recorder in the sum of five hundred dollars. A.G. Lowe, County Judge October 14, 1853. FIRST CLAIM AGAINST THE COUNTY ALLOWED. Ordered, That Wells Sager be allowed four dollars and fifty cents for services as assessor of Montgomery county for the year 1853. A.G. Lowe, County Judge. December 30, 1853. FIRST OFFICERS' SALARIES PAID. Ordered, That A.G. Lowe be entitled to the sum of nine dollars and forty cents, in part of his salary for 1853 as county judge. A.G. Lowe, County Judge. December 30, 1853. Ordered, That John W. Patterson be entitled to the sum of ten dollars, in part of his salary as recorder and treasurer of Montgomery county for the year 1853. A.G. Lowe, County Judge. Ordered, That Samuel Dunn, district clerk, be entitled to the sum of ten dollars in part of his salary for the year 1853. A.G. Lowe, County Judge. [[At this time the salary of the county judge was $50 per year; of the treasurer and recorder, $25; of the clerk, $20. The latter's salary was increased the second year to the munificent sum of $25.]] APPOINTMENT OF ASSESSOR. Ordered, That G.D. Connelly be appointed assessor to fill the vacancy of J.T. Patterson, resigned, and he has qualified and given his bond. A.G. Lowe, County Judge. June Term, 1854. FIRST BOARD OF EQUALIZATION. Monday, April 17, 1854. We, A.G. Lowe, county judge, and J.T. Patterson, assessor, as a board of equalization of the assessable property of Montgomery county, classify the several descriptions of property as follows: On lands, from $1.25 to $2.50 per acre; on horses, from $20 to $75; on work oxen, from $50 to $100 on the yoke; on all other property as the assessor may think reasonable and just. A.G. Lowe, County Judge. J.T. Patterson, Assessor. FIRST DIVISION OF THE COUNTY INTO TOWNSHIPS July 3, 1854. Ordered, that congressional townships 71, 72, and 73, north of ranges 36 and 37 west, shall constitute a civil township by the name of Jackson township; and that congressional townships 71, 72, and 73, north, of ranges 38 and 39 west, shall constitute a civil township by the name of West township. Ordered, That an election be held at the house of James Shank, in West township, on the first Monday in August next, for the purpose of electing township officers. A.G. Lowe, County Judge. LOCATION OF THE COUNTY SEAT August 25, 1854 We, the undersigned, commissioners appointed by the judge of the sixth judicial district [[Allen A. Bradford, of Fremont county]], for the purpose of locating the seat of justice of Montgomery county, Iowa, met on the 22d day of July, and, after being sworn according to law, did proceed to locate said seat of justice on the southwest quarter of section number seventeen (17), township number seventy-two (72) north, of range thirty-seven (37) west. Given under our hands. W.S. Townsend, R.B. Lockwood, R.W. Stafford. Commissionsers' fees for locating -- six days each -- $36. Ordered, That the above location be accepted as the seat of justice of Montgomery county. A.G. Lowe, County judge. [R.W. Stafford, the last named commissioner, was from Page county, and died there, at his home on the Nodawa, in 1879.] ORDER NAMING THE FIRST COUNTY SEAT. November 13, 1854. Ordered, That the seat of justice of Montgomery county, Iowa, be, and hereby is, called Frankfort. A.G. Lowe, County Judge. RE-LOCATION OF COUNTY SEAT. As soon as the county seat was located at Frankfort, Red Oak Junction began to "cast a wishful eye" upon it, and ardently covet the honor of being the capital of Montgomery county. The question of removal was finally voted upon in November, 1864. The new town was almost universally called Red Oak, but its legal or post-office name was Red Oak Junction. The canvassers therefore threw out the votes cast for "Red Oak" simply, and this gave a majority in favor of retaining the county seat at Frankfort, whereas, if those votes were counted, the majority would be in favor of the removal. Upon this state of facts, H.H. Campbell, of Red Oak (who built one of the first houses in Red Oak, but now lives in Missouri), sued out a writ of mandamus to compel the canvassers to count as for Red Oak Junction the ballots which were cast for Red Oak, without the word "junction" on them. J.m. Dews, Esq., now of Kansas City, was attorney for Mr. Campbell; and the following documents appear of record, but no record of the votes by townships could be found: April 14, 1864. H.H. Campbell, et al., vs. Board of Supervisors of Montgomery county. H.H. Campbell vs. Ceorge A. Gordon, W.O. Hutchinson, Thos. Weidman, J.E. Gepford, L.C. Johnson, H.H. Bemis. Election October 13th, 1863. -- General election voted on the re-location of county seat at Red Oak Junction; books showed 46 for re-location at Red Oak and one against. Books returned did not contain full and complete returns; failing to state that 46 votes were cast for the re-locating the county seat at Red Oak; to which defendants filed a demurrer; court overrules demurrer, to which defendants except. Defendants file answer and the court orders issuing a writ of mandamus commanding that defendants make out duplicate returns. Now at this time the demurrer of defendants coming up for hearing, and the court being advised in the premises, overrules the same, and defendants except; upon plaintiffs' petition, it is ordered that a peremptory mandamus issue, commanding defendants, as a board of county commissioners of the election returns of said county at the next regular session of the said board of supervisors, to take and canvass all the votes for and against the re-location of the county seat at Red Oak Junction at the regular election held in said county, in October, 1863, and that they declare the result of said election and make the proper entry of such canvass upon the record of said board, and that they return the same writ to this court on the 1st day of the regular term thereof. Second Day -- April 14, 1865 -- Now at this day the demurrer of defendants to plaintiff's petition coming up for hearing and the court having advised in the premises, the same is overruled to which ruling of the court the plaintiff excepts, and the defendants failing to make any further answer, it is therefore found and adjudged by the court that a majority of the votes cast at the October election, A.D. 1863, for and against the re-location of the county seat of the said county at Red Oak Junction were in favor of said re-location at said Red Oak Junction, it is therefore adjudged and ordered that a writ of mandamus issue from the office of the clerk of this court directed to said board of supervisors, requiring them to provide the necessary offices at the new county seat, to-wit: Red Oak Junction and that they cause to be removed to Red Oak Junction, the records, books, and other public documents of the county and there to be kept according to law, and that if an appeal be taken the appellants enter into bond the sum of three hundred dollars. FIRST MARRIAGE LICENSE. January 20, 1855. Application made by Samuel McNeely for marriage license to join in marriage, Samuel McNeely and Miss Martha Elizabeth Donaho. Satisfactory evidence being given by Allen S. Donaho, father of the lady, that no legal impediments exist, it is ordered that a license issue for that purpose. A.G. Lowe, County Judge. FIRST LIQUOR LICENSE. Ordered, That T.A. Petty be appointed agent to sell liquor in West township for medical, mechanical and religious purposes until the first Monday in May next. A.G. Lowe, County Judge. October 1, 1856. [The following supplemental order to the foregoing, issued January 27, 1857, by Judge Lowe, needs explaining]. Ordered, That T.A. Petty, agent for selling county liquors in the town of Frankfort, West township, is allowed the sum of two hundred and ninety-three dollars and thirteen cents in payment for liquors bought for that purpose. FIRST RECORDS REGARDING THE ESTABLISHMENT OF ROADS. Ordered, That John Wineland be allowed the sum of $2.50 out of the county fund, for services as chairman, in locating a county road. A.G. Lowe, County Judge. December 14, 1855. Ordered, That L.C. Cook be allowed the sum of $15 for summoning grand jurors at the November term, 1856, and also the loan of $5 as salary as sheriff, 1855, and also $2.50 for services in locating road. A.G. Lowe, County Judge. December 17, 1856. September 7, 1857, application being made to the county court for the appointment of a commissioner to view and locate a county road beginning and running as follows, viz: Beginning at the town site of Bristol, in Douglas township, of said county; thence easet crossing the bridges near William T. Reid's; thence east to the county line, intersecting the travel from Quincy to Lewis. The court being satisfied that legal notice had been given, appointed Armsted Milner commissioner and surveyor to proceed to view and survey said road on the 23d day of this month. J.R. Horton, County Judge. CREATION OF DOUGLAS AND FRANKFORT TOWNSHIPS. Ordered, That all portion of Washington township north of township No. 72, be constituted a new township by the name of Douglas, and the first election for township officers to be held at the house of Benjamin Archer, in said township. Ordered, That all that portion of West township east of the Nishnabotna river, be a new township by the name of Frankfort, and the first election to be held at the house of Amasa Bond, in the town of Frankfort, for the purpose of electing township officers. A.G. Lowe, County Judge. March 20, 1857. FIRST BRIDGE. Ordered by the County Court, That a bridge be built across the Nishnabotna river at Silkett's Mill, where the county road located by James Robertson crosses it. The bridge to be built after the following specifications and to be completed by the 15th day of December, except unusual high water or unusual inclemency of weather should prevent. The first span on the east side to be fifteen feet long, to reach from an abutment on the bank to a bent in the water on solid rock bottom. The second span to be twenty-four feet long, and the third and fourth each thirty feet long, and the fifth is to be fifteen feet long. The bents to be above the highest water mark; the posts, caps, sills, and stringers all to be of white or burr-oak wood, twelve inches square. J.R. Horton, County Judge. October 3, 1857. [The contract for this bridge was let to Hiram Atkinson, October 14, 1857, at $995.00, payable in monthly installments in proportion to the amount of work done.] December 19, 1857. -- Ordered, by the county court, that there be a bridge built across the Big Tarkio, where the county road crossed it east of Frankfort, the bridge to be fifty four feet long, and sixteen feet wide. [The contract for this bridge was let to Charles Bolt, for $225.] AN ENTRY FROM ESQUIRE J.P. HEWITT'S DOCKET. On this 24th Day of May, A.D. 1863, Information Being layed Before me A Justice of the Peace And in said [county] that one Charles Stinneth did on or A Bout the 21st Day of May A D 1863 Commit the Crime of Malicies tress pass By Defacing A family Likeness Be Longing To hugh Stinneth the value of $10 Dollars ***** After hearing the Evidence And the Defence on the Part of the Defendant And Allso on the Part of the State It is Considerd that the Defendant pay a find of fifty Dollars. the Defendant Makes A motion for An Appeal which was Granted by his filing A suffisent Bond which Was not Done After Examining the Same the Court finds that the Bond in this Case is insufficent And the Defendant is Dis Charged on that Ground. FIRST TAX RECEIPT. $1.50 Treasurer's Office, Montgomery Co., Iowa,} Dec. 28, 1853} Received of J.T. Patterson one dollar and fifty cents, in full of his county poll and road poll tax, for the year 1853. John W. Patterson, Collector. FIRST REPORT OF COUNTY FINANCES Exhibit of the receipts and expenditures of Montgomery county, Iowa, since being organized, up to the second day of July, 1855. 1853 -- Ordinary County revenue.................................$44.80 Amount paid Wells Sager, Assessor.........................4.50 Amount paid A.G. Lowe, County Judge.......................9.40 Amount expended for books, ink, and paper for the use of the county..............................................6.70 Amount paid John W. Patterson, Treasurer.................10.00 Amount paid Samuel Dunn, County Clerk....................10.00 -------- Total expenditures to July, 1854....................40.60 Amount of delinquent tax, 1853......................4.20 -------- $44.80 ROAD FUND, 1853 Amount of assessment....................................$28.60 Amount collected and remaining in the hands of the Treas- urer...................................................25.90 Amount on delinquent list.................................2.70 ------- $28.60 1854 -- Ordinary County revenue................................$110.52 Amount paid G.D. Connelly, Assessor.....................$13.50 Amount paid Wells Sager, as Constable.....................3.05 Amount paid John Gilmore, Treasurer......................20.00 Amount paid Samuel Dunn, Clerk...........................25.00 Amount paid A.G. Lowe, County Judge......................40.60 -------- $102.15 Amount of delinquent tax..................................8.37 -------- $110.52 Amount of fees received by county judge, treasurer, recorder and district clerk -- outstanding warrants: ROAD FUND. Amount of assessment.....................................$82.75 Amount expended in road district No. 1, Jackson township. 9.00 Balance collected and remaining in the hands of Treasurer for disbursement........................................60.25 Delinquent tax............................................13.50 --------- $82.75 Amount of road fund, 1853, brought down..................$25.90 Amount brought down, 1854.................................60.25 Amount in Treasurer's hands, 1853-4.......................86.15 The foregoing statement is correct. A.G. Lowe, County Judge of Montgomery County, Iowa. FIRST TAX LIST OF MONTGOMERY CO., IOWA BEING FOR THE YEAR 1854. R.W. Rogers...........$ 4.15 James Carlisle...........$ 6.60 Wm. Wilson............ 3.39 James Ross............... 6.43 G.D. Connelly......... 10.47 Wm. Findley.............. 8.85 I.N. Delaney.......... 4.99 G.P. West................ 21.85 John W. Patterson..... 6.39 Elizabeth Means.......... 1.88 James Stafford........ 4.55 James Knox............... 5.67 Wm. A. Shank.......... 3.32 James Shank.............. 6.56 Wells Sager........... 2.55 Sihon Reese.............. 2.76 Mark Reese............ 4.73 J.T. Patterson........... 4.73 Ruth Chalfout......... 1.32 John Harris.............. 9.67 1/2 Wesley Hall........... 3.48 Wm. Stipe................ 13.54 Amos G. Lowe.......... 12.40 Wm. C. Means............. 19.73 1/2 Thos. C. Means........ 3.75 1/2 Samuel Dunn.............. 23.85 John Ross............. 10.59 John Gilmore............. 9.31 Chauncey Sager........ 7.37 Lafayette Sager.......... 3.32 Thos. Carlisle........ 2.50 Joseph Carlisle.......... 2.50 Elias Patterson....... 7.17 1/2 Isaac Conner............. 2.05 David Stipe........... 2.50 I, Amos G. Lowe, County Judge of Montgomery county, Iowa, do hereby authorize John Gilmore collector of said county to collect the within tax list. Amos G. Lowe, County Judge. File at: http://files.usgwarchives.net/ia/montgomery/history/1881/historyo/earlyrec46gms.txt This file has been created by a form at http://www.genrecords.org/iafiles/ File size: 27.9 Kb