Payette County ID Archives Deed.....Johnson, Axel - Upchurch, "Et Al" October 31, 1935
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Patty Theurer seymour784@yahoo.com July 31, 2005, 2:14 am

Section Nine, Township Eight North, Range Five West
Written: October 31, 1935
Recorded: November 1, 1935

Deed Record
Book 13
Page 435

Instrument No. 36779

THIS INDENTURE, Made this 31st day of October, in the year of our Lord one 
thousand nine hundred and thirty-five, between William H. Upchurch and Adelia 
Upchurch, husband and wife, of Boise, County of Ada, State of Idaho, the 
parties of the first part, and Axel Johnson, of Payette, County of Payette, 
State of Idaho, the part of the second part.

WITNESSETH, That the said parties of the first part, for and in consideration 
of the sum of -------Twenty-five and No/100-----DOLLARS, lawful money of the 
United States of America, to them in hand paid by the said party of the second 
part, the receipt whereof is hereby acknowledged, have granted, bargained and 
sold, and by these presents do grant, bargain, sell, convey and confirm unto 
the said party of the second part, and to his heirs and assigns forever, all of 
the following described real estate, situated in the County of Payette, State 
of Idaho, to-wit:

Beginning 163 feet South of the Northwest corner of the Southeast Quarter of 
the Northwest Quarter of Section Nine, Township Eight North, Range Five West, 
B. M. and running thence East 16 feet; thence South 60 feet; thence East 138 
feet; thence North 33 feet; thence East 52 feet; thence South 33 feet; thence 
West 206 feet to the West boundary line of said Southeast Quarter of the 
Northwest Quarter of said Section Nine; Thence North 80 feet, along said West 
boundary line to the place of beginning, containing .16 acre, more or less.

The above described lands are inside of a fence enclosing what is known as 
Washoe Cemetery andd immediately adjoin lands in said cemetery occupied by 
graves, and this conveyance is made on the condition that grantee shall remove 
the fence enclosing the above described lands within said cemetery and rebuild 
same on the line above described separating the said lands from said cemetery, 
with the same materials and in as good condition as the fence to_____ removed 
now is, and he shall not in rebuilding the fence and in the use of the lands 
above described occupy or in any way interfere with any lands now shown on the 
surface thereof to be occupied by any grave or graves in said land. 

TOGETHER, With all and singular the tenements, hereditaments and appurtenances 
thereunto belonging or in anywise appertaining, the reversion and reversions, 
remainder and remainders, rents, issues and profits thereof; and all estate, 
right, title and interest in and to the said property, as well in law as in 
equity, of the said parties of the first part. 

TO HAVE AND TO HOLD, All and singular the above mentioned and described 
premises, together with the appurtenances, unto the party of the second part, 
and to his heirs and assigns forever, and the said parties of the first part, 
and their heirs, the said premises in the quiet and peaceable possession of the 
said party of the second part, his heirs and assigns, against the said parties 
of the first part, and their heirs, and against all and every person and 
persons whomsoever, lawfully claiming or to claim the same shall and will 
WARRANT and by these presents forever DEFEND.

IN WITNESS WHEREOF, The said parties of the first part have hereunto set their 
hands and seals the day and year first above written. 

SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF 
L. M. Lyon (Seal)
A. F. Freehafer (Seal)

William H. Upchurch (Seal)
Adelia Upchurch (Seal)

STATE OF IDAHO)
County of Ada) ss.

On this 1st day of Nov. in the year 1935, before me L. M. Lyon, a Notary Public 
in and for said State, personally appeared William H. Upchurch and Adelia 
Upchurch, husband and wife, known to me to be the persons whose names are 
subscribed to the within instrument, and acknowledged to me that they executed 
the same. 

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, 
the day and year in this certificate first above written.

L. M. Lyon
Nortary Public for the State of Idaho, Residing at Boise, Idaho. 

STATE OF IDAHO, )
County of Payette ) ss.

I hereby certify that this instrument was filed for record at request of Axel 
Johnson at 5 minutes past 2 o’clock P. M., this 5 day of November A. D. 1935 in 
my office, and duly recorded in Book 13, of Deeds at page 435.

Fees $1.40
Lillian Wilson
Ex-Officio Recorder


Additional Comments:
William Upchurch
Adelia Upchurch

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