Deed for buying land for Lane, 1853

This is a transcript of a deed (document number 8869) recorded in Book K of Deeds, page 653, held at the Ogle County Recorder’s Office, Oregon, Illinois. This deed conveyed the southwest 40 of the 75 acres of land platted in the Town of Lane. Some punctuation and capitalization has modernized. See images of deed here, here, here, and here.

Note: Charlotte A. Powell was the remarried name of Charlotte Bartholomew, whose husband Sheldon Bartholomew had purchased this land from the federal government, and Charlotte and daughter Maria seem to have inherited this land from Sheldon after his death in 1846. In 1845, Sheldon paid $1.25 per acre for this land; the price given below computes to $15 per acre, an increase of 1,200% in 8 years.

Note the particular handwriting of the “ss” of Ross, and also the language in the certification statement pertaining to the separate examination of the wife’s understanding of this legal document.

8869

Filed Aug. 18th 1853

at 10 o’clock AM

Recorded Aug. 22 1853

Ross & Powell

to

Robert P. Lane

This indenture, made this Eighteenth day of July in the year of our Lord One thousand Eight hundred and Fifty-Three between Isaac Ross and Maria his wife and Charlotte A. Powell of the County of Ogle State of Illinois of the first part, and Robert P. Lane of the County of Winnebago and State of Illinois of the second part, witnesseth that the said party of the first part for and in consideration of the sum of six hundred dollars, in hand paid by the said party of the second part the receipt [of which] is hereby acknowledged, and the said party of the second part forever released and discharged therefrom, has granted, bargained, sold, remised, released, aliened and confirmed and by these presents do grant, bargain, sell, remise, release, alien and confirm unto the said party of the second part and to his heirs and assigns forever, all the following described lot-piece or parcel of land  situate in the County of Ogle and in the State of Illinois to wit, the South East quarter of the South West quarter of Section No. Twenty Four (24) Town Forty (40) North in Range One (1) East of the third (3) Principal Meridian containing forty (40) acres together with all and singular the hereditaments and appurtenances therewith belonging, or in any wise appertaining; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the Estate Right, Title Interest, Claim and Demand whatsoever, of the said party of the first part, either in law or equity of, in and to the above bargained premises, with the hereditaments and appurtenances, to have and to hold the said premises above bargained and described, with the appurtenances unto the said party of the second part, his heirs and assigns forever. And the said Isaac Ross and Maria Ross, wife of the said Isaac, and Charlotte A. Powell party of the first part for them and their heirs, executors and administrators, do Covenant, Grant, Bargain, and Agree to and with the said party of the second part, his heirs, and assigns that at the time of the ensealing and delivery of these presents were well seized of the premises above conveyed as of a good, sure, perfect, absolute, and indefeasible estate of inheritance of the law in fee simple and hath good rightful power and lawful authority to grant, bargain, sell, and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, and incumbrances of what kind or nature soever, and the above bargained premises in the quiet and peaceable possession of the said party of the second part his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will warrant and forever defend. In witness thereof, the said part[y] of the first part herewith set their hand and seal the day and year first above written.

Signed, sealed, and delivered in presence of James P. Randall

Isaac Ross  [seal]

Maria Ross [seal]

Charlotte A. Powell [seal]

“This certifies, that on the Eighteenth day of July, Eighteen hundred and Fifty-Three, Before me, a justice of the peace of the county of Ogle in the State of Illinois, appeared Isaac Ross and Maria Ross and Charlotte A. Powell, personally known to be the real persons whose names is [sic] subscribed to the foregoing Deed, as having executed the same, and then acknowledged the execution there of as their free act and deed, And the said Maria Ross, wife of the said Isaac Ross, (who is personally known to me to be the same person who subscribed the said instrument of writing) having had the contents of the said instrument made known and explained to [her] and been by me examined separate and apart from her said husband, did acknowledge said instrument to be her free act and deed, and that she has executed the same and relinquished her dower in the lands and tenements therein mentioned voluntarily and freely and without the compulsion of her said husband, and that she does not wish to retract the same. Given under my hand and seal this Eighteenth day of July A.D. 1853

James P. Randall  [seal]

Notes and observations:

• This deed refers to a complete 40 acres and does not mention that any part of the land has been sold to the Galena and Chicago Union Railroad — which railroad was drawn in the plat of the town of Lane, which was filed 12 days after this deed’s date. This suggests that R.P. Lane purchased this land with the knowledge that he would soon be selling part of the land to the railroad, and perhaps resale monies factored into his willingness to pay a premium price for this land. I have not yet located documents to show when or at what price Lane sold to the railroad.