Succession and Community of Prosper Plaisance, Sr. (d. 1880). Submitted by Mary Nett Source: St. James Parish Courthouse Records ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ************************************************ Succession and Community of Prosper Plaisance, Sr. (d. 1880). Prosper married Adele Guidry, one of Donat Guidry's daughters, apparently lost her inheritance and ended up with all of their belongings in a Sheriff's Sale (included in the transcribed records). St. James Parish Courthouse Conveyance Records Book 36, p. 152 Succession of the late Fermin Lepretre and of Celeste Guidry his deceased wife Be it known that on Thursday the 15th day of November 1866 at 10 o'clock AM on the premises by virtue of an order of sale dated 12th October 1866 to me directed by the Hon. The Fourth Judicial District Court, Parish of St. James, after having advertised all the property depending on the above successions as follows, to wit: By advertisements in French and English published in the newspaper "The Louisianais" printed in this Parish on the 13th, 20th and 27th October and the 3rd and 10th November 1866 stating therein that said sale would take place on the premises on Thursday 15th November 1866 at 10 o'clock AM for cash. I, Sosthene Theriot Sheriff of the Parish of St. James did repair on said premises on said Thursday 15th Nov, 1866 at 10 o'clock AM for the purpose of offering said succession property at public sale and auction, and having read in a loud voice the advertisements in French and English, I then and there proceeded to the crying and adjudication of said succession property as follows, to wit: 1. A lot of ground situated in the Parish of St. James, left bank of the Mississippi River, about 59 miles above the town of New Orleans measuring one arpent front to the river by one arpent in depth, bounded above, below and in the rear by lands of Widow Wm. P. Welham, with the buildings thereon, was adjudicated for Eight Hundred and Ten Dollars to Fermin Lepretre, Eulalie, Rosalie and Elvina Lepretre (one undivided fourth each) on account of their share in said succession. $810.00 $810.00 2. A tract of land situated in the Parish of St. James, on the left bank of the Mississippi River, about 59 miles above the city of New Orleans, measuring one half arpent front by 40 arpents more or less in depth, closing considerably in the rear, bounded above by the property of the late Jean Donalson, and below by that of Wm. Anatole Millet with the [reserve] of the buildings thereon, belonging to Wm. Dolphin Michel, was adjudicated for Five Hundred and ten Dollars to Fermin, Eulalie, Rosalie and Elvina Lepretre (one undivided fourth each) on account of their share in said successions. $510.00 3. One cow was adjudicated to A. Tamboury for $33.50 4. do L. Lambert $27.00 5. do Rosalie Lepretre $16.00 6. do Fermin Lepretre $18.00 7. do Pierre Schepp $16.00 8. do Elvina Lepretre $16.00 9. do Wm. Dolphin Michel $37.00 10. do Eulalie Lepretre $40.00 11. do Eulalie Lepertre $38.00 12. One sow Sorthine Lambert $2.25 13. 2 jars Fermin Lepretre $7.50 14. 2 hand spindles do $.50 15. 1 hand spindle do $.50 16. 2 cutsaws A. Tamboury $1.00 17. 1 feather bed Emile Guidry $15.00 18. 1 hand spindle E. Lambert $1.00 19. 1 do do $.50 20. One lot tools A. Tamboury $1.50 21. One box tea F. Lepretre $.50 22. One bed Wm. Dolph. Michel $11.00 23. 1 dining table F. Lepretre $4.00 24. 2 dirks E. Theriot $.50 25. One safe F. Lepretre $16.70 26. One cypress table do $1.00 27. One small table do $3.00 28. Chimney fixings do $1.00 29. 7 chairs do $4.00 30. 1 table do $1.25 31. 1 press do $2.00 32. 1 armoir S. Lambert $5.00 33. 1 basket F. Lepretre $.75 34. 1 trunk do $.25 35. 6 chairs D. Guidry $1.25 36. 1 mosquito bar Wm. D. Michel $4.25 37. 1 table and sundries D. Guidry $2.00 38. 1 hand cotton mill L. Lambert $.25 39. 4 earthen pots F. Lepretre $.25 40. 7 ------------ D. Guidry $3.25 41. 1 lot pots adjudicated to D. Guidry $.25 42. 1=========== S. Lambert $4.00 43. 1=========== do $.25 44. One lot bottles P. Plaisance $1.30 45. Lot Kettles F. Lepretre $7.25 46. Lot Sundries do $1.00 47. Lot barrels do $.25 48. Lot iron S. Lambert $.25 49. One hog F. Lepretre $15.00 50. One skiff A. Tamboury $3.00 51. One spindle S. Lambert $1.50 Amount of Sale $1687.80 Sixteen Hundred and Eighty Seven Dollars and Eighty Cents Drawn up at the Parish of St. James this 15th day of November 1866 and signed in presence of Messrs. Theophile S. Gaudet and F. Reine, Jr., lawful witnesses and the above named purchasers after due reading of the whole. Eulalie Lepretre, Rosalie Lepretre and Elvina Lepretre not knowing how to sign their names, have made their ordinary mark in presence of said witnesses. (Signed) Fermin Lepretre = Eulalie X Lepretre her mark = Elvina X Lepretre her mark = Rosalie X Lepretre her mark = TS Gaudet = F. Reine Jr. = S. Theriot Shff. Recorded at the Parish of St. James this 26th November 1866 F. Reine Jr., Recorder St. James Parish Courthouse Conveyance Records Book 43, p. 243 No. 83 State of Louisiana Parish of St. James Be it known, that on this Fifteenth day of the month of June in the year of our Lord One Thousand Eight Hundred and Seventy the 94th year of the Independence of the United States of America. Before me, Louis Dugas, Recorder duly commissioned and qualified in and for this Parish of St. James, State of Louisiana, and in the presence of the hereinafter named and subscribing witnesses, Personally came and appeared Mr. Prosper Plaisance, a resident of this parish of St. James Who declared that he does hereby acknowledge himself to be justly and truly indebted Unto Mr. Felix. P. Poche of this Parish of St. James in the full sum of One Thousand Four hundred and thirty Eight dollars (1438) amount of a loan which he obtained from said Poche. And in order to represent the said indebtedness the said Plaisance has produced and furnished two promissory notes subscribed by him under date of this day, to his own order and by him endorsed, payable at the office of the Recorder of this parish on the first of June Eighteen hundred and seventy one (1871) with eight per cent per annum interest from and after maturity until paid which said promissory notes, having been paraphed "Ne Vanitur" by me the Recorder to identify them with this act, was (sic) delivered to F. P. Poche who acknowledges the receipt thereof. And in case it shall become necessary to institute legal proceedings for the recovery of the amount of said two notes or of any part thereof, the said Prosper Plaisance, binds himself to pay the fees of the attorney at laws, who shall be employed for that purpose, which fees are hereby fixed at ten per cent on the amount sued for. Now therefore, in order to secure the full and punctual payment of the said two notes in Capital eventual interest, and attorney's fees aforesaid, the said Prosper Plaisance declares, that he does by these presents mortgage, affect and specially hypothecate in favor of said Felix P. Poche, and to inure to the use and benefit of any and all future holders or holders of said notes the following described landed property to Wit: A certain tract of land situated in the parish of St. James on the left Bank of the River Mississippi, at about sixty miles above the City of New Orleans, measuring one half arpent more or less front to the river by forty arpents more or less in depth closing in the rear bounded above by the property of Mr. Louis Guidry Sr. and below by that of Mr. Pierre Escuren, together with all the buildings and improvements thereon and thereunto belonging. The above described tract of land was acquired by said Prosper Plaisance from [] on the [] as per act passed before [] then Recorder of this Parish of St. James. The parties hereby dispense with the production of a mortgage certificate as required by Article (3328) of the Civil Code of the State and exonerate the Undersigned Recorder from all responsibility to that effect. And to these presents came and intervened Mrs. Adele Guidry, the wife of lawful age of said P. Plaisance, who after having taken cognizance of the foregoing Act, which I Recorder carefully read and explained to her was informed by me Recorder apart and out of the presence and hearing of her said husband that she had by law a legal mortgage on the property of her said husband 1) 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 2) For the restitution and the re-investment of the dotal property by her acquired since marriage whether by succession or donation. 3) For nuptial presents. 4) For debts contracted with her said husband and 5) 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. That in renouncing to all her said rights, she would deprive herself irrevocably and forever, of all rights of reclamation against the tract of land herein mortgaged, whether under mortgage, privilege or otherwise. And the said Mrs. Plaisance, did thereupon declare unto me Recorder, that she was fully aware of, and acquainted with the nature and intent of the matrimonial dotal, paraphernal and other rights thus secured by law to her, and that 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 nature or kind whatsoever to which she is or may be entitled by any laws, now or heretofore in force in the State of Louisiana. And the said P. Plaisance, being now present, aiding and authorizing his said wife, she the said lady did again declare, that she did and does hereby make a formal renunciation and relinquishment of her said rights, claims and privileges, in favor of said F. P. Poche mortgager binding herself and her heirs, at all times to sustain and acknowledge the validity of this renunciation. The above renunciation made by Mrs. Plaisance is given to grant to the present mortgage priority of mortgage to the one Recorded in her favor against her husband according to existing laws: Internal Revenue Stamps for one dollar and a half are hereto annexed and cancelled according to law Thus done and passed at the Parish of St. James at the domicil (sic) of said mortgager, the same day month and year first above written in presence of MM Edouard Shexnaidre and P.A. Ory - who have signed with the patris (sic) and me Recorder after due reading of the Whole: Twenty four words enterlined approved before signing Edouard Shennairdre P. Plaisance P.A. Ory Adelle' Guidry F.P. Poche Louis Dugas, Recorder St. James Parish Courthouse Conveyance Records Book 39, p. 325 No. 172 St. James Parish, September 1st,. 1871 I, the undersigned Prosper Plaisance Sr. Lease to Mr. Henry Feitel, my Store Building , situated on my premises, in the above named Parish, for the term of one year, beginning on the 1st September 1871, at the rate of fifteen Dollars per month, payable mensually. This said lease may be renewed at the satisfaction of both parties from 1 to 5 years from above date. I agreed to grant the permission to Mr. Henry Feitel the privilege of keeping one horse in my yard on pasture, and as much yard needed by said Lessee. And I Henry Feitel accept the conditions of the said above lease, and pledge to comply with its conditions. Made and signed in double in the presence of the following subscribed witnesses, in the parish of Saint James, "Original Signed" Henry Feitel " " Prosper Plaisance Sr. Witness " B. Bergman " " A. Plaisance Recorded at the Parish of St. James this 12th day of December 1871. Louis Dugas Recorder St. James Parish Courthouse Conveyance Records Book 45, p. 247 No. 97 State of Louisiana Parish of St. James Be it known that on this Twenty Sixth day of the month of June Eighteen Hundred and Seventy-Three, being the Ninety Seventh year of the Independence of the United States of America. Before me, Louis Dugas Recorder duly commissioned and qualified in and for the Parish of St. James, State of Louisiana, therein residing and in the presence of the hereinafter named and subscribing witnesses - Personally came and appeared - Mr. Prosper Plaisance of age a resident of this Parish of St. James , State aforesaid. Who declared and said that by authentic act passed before the undersigned Recorder, on the Fifteenth day of June Eighteen Hundred and Seventy (1870) he granted a special and conventional Mortgage on the following described property in favor of Felix Poche of the same residence, to secure the payment of the sum of One thousand Four Hundred and Thirty Eight Dollars ($1438.00) represented by two promissory notes, one for the sum of ($1320.00) One thousand Three Hundred and twenty Dollars, and another for the sum of ($118.00) One hundred and Eighteen Dollars, both due on June 1st 1871, and bearing interest of 8% per annum after maturity until paid - to wit: A tract of land situated on the left Bank on the Mississippi River, in the Parish of St. James about Sixty miles above New Orleans, measuring One half arpent more or less front to the river by forty arpents more or less in depth closing in the rear, bounded above by the property of Mr. Louis Guidry Sr. And below by that of Pierre Escuren, together with all the buildings and improvements thereon and thereunto belonging, the lawful property of appearer. Now appearer further declared and said that he hereby renews the promise to pay the said two notes. eventual interests and attorney's fees, and renews the the (sic) Mortgage granted to secure the prepayment of the same, as herein above stated. And in order to still better secure the payment of said notes and interests and attorney's fees appearer declared and said that he hereby specially renounces to the benefit and protection of the act known as the Homestead Act, incorporated as Sections 1691 and 1692, of the Revised Statutes of Louisiana, and of every other act or law exempting a homestead and any other property from seizure and sale for the payment of debts, hereby consenting and agreeing the said Prosper Plaisance that in the case of non-payment of said promissory notes, with interests and attorney's fees, the said F. P. Poche or any other holder or holders of said notes, shall have the right to seize and sell the aforesaid tract of land for the payment of the same, without regard to the Homestead act or any other law exempting said property from seizure or sale. And to these presents came and appeared the aforesaid Felix P. Poche, who hereby accepts and declares that all interests on said two notes have been paid up to June Fourth Eighteen Hundred and Seventy-four ($1874 - sic), and consents that the payment of said two notes be and is hereby postponed to said date June Fourth (4th) One thousand Eight Hundred and Seventy-four (1874). Thus done and passed at the Parish of St. James, at my office, on the same day, month and year first above written, in presence of Messrs. J. Evariste Poche and [], lawful and competent witnesses who have signed these presents with the party and me Recorder after due reading of the whole: Henry Feitel Prosper Plaisance J.E. Poche F.P. Poche Louis Dugas Recorder St. James Parish Courthouse Conveyance Records Book 40, p. 437 No. 181 Marcelin Jollet Vs. No. 527 Prosper Plaisance State of Louisiana 4th Judicial Dist. Court Parish of St. James Whereas, I, Wm. H. Hagins, Sheriff of the Parish of St. James, by virtue of a writ of seizure and sale, dated January 25th 1875 to me directed by the aforementioned Honorable Court in the above entitled matter did seize the following described property, to wit: A tract of land situated in the Parish of St. James on the left bank of the Mississippi River at about sixty miles above the City of New Orleans, measuring one half arpent front on the river, by forty arpents in depth, closing in the rear, bounded above by the property of Louis Guidry, Sr. And below by that of Pierre Escuren together with all the buildings and improvements thereunto belonging. After complying with all legal formalities, I advertised said property for sale in the St. James Republican, the official Journal of this Parish, published in this Parish on the 30th of January 1875, on the 6th, 13th, 20th, 27th of February 1875 and also on the 6th of March 1875, stating in said advertisements that the sale would take place on Saturday the 6th of March 1875, at the Court House of this Parish at 11 o'clock A.M. and would be made for cash in U.S. legal currency. And having further complied with all the additional requisites of the law, such as having said property appraised according to law, I, the said Sheriff, did off said property for sale at public auction at the Court House of this Parish on Saturday the 6th of March 1875, at 11 o'clock A.M. in block and on the herein above-mentioned terms and conditions and having first read in a loud and audible voice 1) The advertisement referred to 2) The certificate of the Recorder of the Parish of St. James, touching the mortgages affecting said property and which are as follows to wit: . The mortgage in favor of Mrs. Adele Guidry wife of Prosper Plaisance resulting from the inscription of two receipts and of the inscription of their marriage contract recorded for the purpose of preserving the mortgage existing in favor of his wife, said receipt and marriage contract amounting to the sum of $1421.25, said inscriptions recorded in this office on the 14th December 1869- . The matrimonial mortgage granted by Prospere Plaisance and wife in favor of F.P. Poche per act before the undersigned recorded on the 15th of June 1870, recorded on the same day to secure the sum of $1438 represented by two notes, one for the sum of $1320 and the other for the sum of $118 - subscribed by him under date of said act to his own order and by him endorsed, payable at the office of the Recorder of this Parish on the 1st of June 1871 with 8 per cent interest per annum from maturity until paid and also 10 per cent in case of suit for attorney's fees. . The judicial mortgage resulting from a judgement rendered by the Justice's Court and for the 2nd Ward of the Parish of St. James on the 4th Dec. 1872 - vs Prospere Plaisance in favor of E.F. Minton for $24.50 with 8% interest per annum from the 15th June 1870 and cost of suit, said judgement recorded on the 4th April 1873. . The judicial mortgage resulting from a judgement rendered by the 4th Judicial Dist. Court in and for the Parish of St. James on the 3rd June 1873 - against Prospere Plaisance in favor of Lapine and Ferre for the sum of $799.42 with interest of 8% from 3rd May 1873 until paid, and recorded June 3rd 1873. . The judicial mortgage resulting from the judgement rendered by the Parish Court in and for the Parish of St. James, on the 23rd March 1874 against Prospere Plaisance in favor of Charles Esfrenan for the sum of $189.47 and with 5% interest per annum from 6th January 1873 until paid and cost of suit, said judgement recorded 24th March 1874. And having further complied with all the additional requisites of the law, such as having appraised said property according to law, I the said Sheriff, did offer said property for sale at public auction at the Court House of this Parish on Saturday the 6th of March 1875, at 11 o'clock A.M. I then proceeded to the crying and adjudication, when the same having been cried a a (sic) considerable time and no one having bid higher, I adjudicated the same to F.P. Poche for the sum of Seven Hundred and Thirty five dollars which amount was paid and settled in the manner following to wit: Amount of Adjudication $735.00 . He paid cash cost of suit, sheriff's fees and commission, amounting to $57.80 . He also paid cash the balance of the price of adjudication, accruing to Marcelin Jollet, paying creditor $677.20 Total amount of adjudication $735.00 Now therefore, know ye that I, Wm. H. Hagins, the Sheriff aforesaid, by virtue of the said writ and the statutes made and provided in such cases and in consideration of the sum of Seven Hundred and thirty five dollars paid as aforesaid, do bargain, sell and deliver unto the said Felix P. Poche forever, the property above described, with all the rights, titles and interests which the said Prospere Plaisance had in the said property on the day of seizure thereof, to have and to hold said property as fully as I, the said Sheriff, could transfer the same by virtue of said writ. And the price of adjudication being insufficient and inadequate to pay and satisfy all other and subsequent mortgages above enumerated, all such mortgages are hereby relinquished according to Art. 708 of the Code of Practice and the Recorder of the Parish of St. James is hereby authorized and required to cancel and erase all such mortgages affecting the property herein above described and sold as herein above set forth. Drawn up and signed at the Parish of St. James this 8th day of March 1875 in presence of J.E. Poche and Z.B. Cohen, lawful and subscribing witnesses after due reading. J.E. Poche (Signed) J. Sandre Z.B. Cohen Chief Dep. Sheriff Recorded at the Parish of St. James, this 13th March, 1875. J.E. Poche Deputy Recorder St. James Parish Courthouse Records Twenty Second Jud. Dist. Court, St. James Succession of Prosper Plaisance Petition of Alf. Plaisance for an inventory and for letters of admininistration Louis P. Poche Filed December 11th 1880 EJ Laiche, Dy and Acting Clerk Succession of Prosper Plaisance Inventory and Appraisement Filed January 10th 1880 EJ Laiche, Clerk of Court State of Louisiana Parish of St. James Be it known that on the sixth day of the month of January, Eighteen Hundred and Eighty-one, being the one hundred and sixth year of the Independence of the United States of America. By virtue of and in obedience to an order to me directed by the Honorable the Twenty Second Judicial District Court of Louisiana in and for the Parish of St. James, bearing date of the 11th day of December 1880, rendered on the petition of Alfred Plaisance, residing in this Parish praying for a public inventory and appraisement of all the effects depending upon the succession of Prosper Plaisance now deceased. I, Emile J. Laiche, Clerk of Court, Ex officio Parish Recorder, duly appointed and qualified in and for the Parish of St. James, State of Louisiana, did proceed, on the same day, month and year first above written, at the Court House, of said Parish, to the taking of said inventory in presence of Alfred Plaisance party praying for said inventory and Charles Lachapelle and Evariste Camille Mire, both residing in this Parish, duly appointed and sworn by me to appraise the property to be thus inventoried: To take an inventory and appraisement of the property belonging to the aforesaid succession and community, in the following manner to wit: One old ordinary Armoir valued at $5.00 One " " Bedstead " " $4.00 One " " Table " " $1.00 Six " " Chairs " " $1.50 Two claims against the United States Government both amounting to five thousand five hundred dollars valued at $200 Two Hundred Dollars Total amount of Inventory of property depending upon the succession and community of the late Prosper Plaisance amounting to the sum of Two Hundred and Eleven 50/100 Dollars. And there being no other property to be inventoried, I have closed the same, at the Parish of St. James, on the same day month and year first above written in presence of [] and [], lawful witnesses residing in this Parish who have signed with the aforesaid parties the appraisers and me Clerk of Court Ex officio Recorder after due reading of the whole. Alf. Plaisance E. Camille Mire Charles Lachapelle Emile J. Laiche Clerk of Court Ex officio Recorder (Succession of Prosper Plaisance) To the Hon. John A. Cheevers, Judge of the 22nd District Judicial Court in and for the Parish of St. James The petition of Alfred Plaisance a resident of this Parish Respectfully represents That his father Prosper Plaisance Sr., late of this Parish, died _____ intesta on or about the 28th of January, 1880, leaving the following named children and freed heirs, issue of his marriage with Adele Guidry, his surviving spouse, Viz: Prosper Plaisance Jr., aged thirty-five years, Delia Plaisance, wife of George Telefofs upon petitioning aged thirty years, Louise Plaisance, wife of Damas Labaure, Florian Plaisance aged twenty-five years, Hortence Plaisance aged twenty-three years, and Fernand Plaisance a minor aged eighteen years. That said deceased above left same movable property, situated in this Parish. That it is necessary an administrator be named to administer to the affairs of said succession, liquidate the same and ____ debts thereof. That it is necessary an inventory with appraisement be also made of the effects found belonging to said succession. That petitioner is willing to accept the appraisement of administrator of said succession and he is prepared to comply with all legal requirements. The previous considered, petitioner prays that an order be granted, directing that an inventory, with appraisement, be taken of all the effects belonging to said succession, that due public notice be given of petitioner's application herein for letters of administration and after due proceedings that letters of administration issue to petitioner upon his complying with all legal requirements. And for all and several relief and as in duty bound, Louis P. Poche of Counsel Order: Considering the foregoing petition, It is ordered that due public notice be given of the filing of the within application of Alfred Plaisance for letters of administration on the within named succession of Prosper Plaisance Sr., in the manner prescribed by law; it is further ordered that an inventory with appraisement be taken of the effects belonging to said succession, by E. J. Laiche, Clerk and Ex officio Recorder (by appointment of the Judge) and witnesses [] and [] are hereby appointed as appraisers to appraise the same. Done and signed at the Parish of St. James (the Judge of the District Court being absent from this Parish) this 11th day of December 1880. E.J. Laiche Dy and Acting Clerk of Court (Succession of Prosper Plaisance) Due public notice having been given, according to law of Alfred Plaisance's application for the administration of the successions of Prosper Plaisance, legal delays having expired, and no opposition having been made thereto It is ordered that the said Alfred Plaisance be appointed as administrator of the said succession of Prosper Plaisance and that he be qualified as such and according to law. St. James Jan'y 11th AD 1881. E. Laiche Clerk of Court State of Louisiana Fourth Judicial Court Parish of St. James Know all men by these presents that we Alfred Plaisance as principal, and Pierre Schepp as security in solido, acknowledge ourselves to be jointly and severally indebted unto the Hon. Jno. A. Cheevers, Judge of the Fourth Judicial District Court in and for the Parish of St. James, State of Louisiana, or unto his successors in office, in the sum of Two Hundred and Seventy Dollars ($270.00) lawful and current money of the United States of America; which sum we and each of us promise to pay jointly and severally as aforesaid. Done and signed at the Parish of St. James, this fourth day of January AD, eighteen hundred and Eighty-one. The condition of the above bond is such, that whereas the said principal Alf. Plaisance has been appointed Administrator of the Succession and Community of the late Prosper Plaisance. Now therefore, if the said Alf. Plaisance does render a true and faithful account of his administration of said succession, and if further he perform all and singular the duties incumbent on him as Administrator aforesaid, then and in that case, the above bond to b e null and void, otherwise to remain in full force and virtue. Pierre Schepp Alf. Plaisance I, Alfred Plaisance, do solemnly swear that I will well and faithfully discharge and perform all and singular the duties incumbent on me as Administrator of the succession and Community of Prosper Plaisance according to the best of my abilities and understanding. So help me God. Alf. Plaisance Sworn to and subscribed at the Parish of St. James this 10th day of January AD 1881, Before me EJ Laich, Clerk of Court