William Hacker Deed
from
John Wilkinson
This indenture made the Sixteenth day of February in the year Eighteen hundred
and forty Eight between John Wilkinson of the County of
Shelby and State of Indiana of the first part and William Hacker
of the County and State aforesaid of the Second part
Witnesseth, Whereas the said John T Wilkinson is justly indebted to the
following named persons and firms of the City of New York in the State of New
York, in or about the sums affixed to these respective names to wit
firm of J. C. Mukes and Herbert by note made to them about
the Seventh day of April 1847 and due in about six Months after the date thereof
in about the Sum of three hundred and forty five dollars and seventy cents
To Debblen and Richardson by note made about the Seventeenth day of
April in the Year 1847 and payable in about Six months from the date thereof in
about the sum of five hundred and fifty two dollars
To Abraham R VanNest by Note, made about the Sixteenth day of
April in the Year 1847 and payable in about Six Months after the date thereof
for about the sum of Sixty five dollars and forty cents
To McNiel Fitch and Jerome by Note made about the Nineteenth
day of April in the Year 1847 and payable in about Six Months after the date
thereof for about the Sum of five hundred and five dollars and thirty one
cents,
and also to said McNiel Fitch and Jerome by note made about the
Nineteenth day of April in the Year 1847 and payable in about nine months after
the date the date thereof for about the Sum of five hundred and Six
dollars and thirty cents.
To Samuel Roosevelt by note made about the nineteenth day of
April in the Year 1847 in about the sum of Two hundred and forty dollars and
ninety three cents payable in six Months after the date of said note.
To P Cortlyou by note made about the nineteenth day of April
in the Year 1847, in the sum of about one hundred and fifty four dollars and
twenty seven cents payable in about Six months from the date of said note.
To Kinnan Card and Co by Note made about the Twentieth day of
April in the year 1847 in about the Sum of Two hundred and fifty five dollars
payable in about four months from the date thereof.
To Rockinbaugh Conner and Daten by note made about the
nineteenth day of April in the Year 1847 payable about Six months after date in
the sum of Five hundred and fifty five dollars and Eighty seven cents,
and also to Rockenbaugh Conner and Datu by note made about
the Nineteenth day of April in the year 1847 payable about nine months after the
date thereof in the Sum of Five hundred and fifty four dollars,
and also indebted to the following named persons and firms in the City of
Philadelphia in the State of Pennsylvania in the sums of money affixed to their
respective names to wit
To Dunlap and Crostian by note made about the ninth day of
April in the year 1847 payable in about Six months from the date in the Sum of
about three hundred and Seventeen dollars and ninety one
cents
To James J Duncan and Co by note made about the Ninth day of
April in the year 1847 payable in about Six months from date in the sum of about
one hundred and Sixty nine dollars and seventy six cents.
To Wood and Abbott by note made about the Twelfth day of
April in the year 1847 Payable in six months from the date, in about the sum of
Three hundred and Sixty four dollars and thirty Eight cents.
To Reece and Brothers by note made about the tenth day of
April in the year 1847 payable in about Six months from date in about the sum of
Eight hundred and forty nine dollars and twenty Seven cents.
And is also indebted to the following named persons and firms in the City of
Cincinnati in the State of Ohio in the sums affixed to their respective names,
to wit
To Latimer and Junkins by note made about the 11th day of
October in the year 1847, payable in about five months from date in the Sum of
Seven hundred and thirty four dollars and five cents
To John V Perkins by note made about the 13th day of October
in the year 1847 payable in about three months from the date in the Sum of about
one hundred and eighty nine dollars and eleven cents.
To Neff and Brothers by note made about the twelfth day of
October -- in the Year 1847 payable in about Six months from the date in the sum
of about Two hundred and Sixty four dollars and fifty three cents.
To Mead and Winston by note made about the 11th day of
October in the Year 1847 payable in about three months from the date, in about
the Sum of one hundred and forty one dollars and Eight one cents.
To Bates and Huden by note made about the 12th day of October
in the Year 1847, payable in about six months from the date in about the Sum of
one hundred and Seventy four dollars and forty two cents.
To Thomas H. Minor and Co by account made about the 13th day
of October in the Year 1847 in about the Sum of four hundred and sixty one
dollars and seventy Seven cents.
And is also indebted to the following named persons and firms in the Town of
Madison in the State of Indiana as follows to wit
To Barbour and Smith by note made about the 7th day of
October in the Year 1847 payable in about six months from the date in the sum of
Six hundred and thirty three dollars,
and also to said Barbour and Smith by note made about the 7th
day of October in the Year 1847 payable in about two months from the date in the
sum of about fifty eight dollars and eighteen cents with a credit to be deducted
from said two notes forty seven dollars and
seventy five cents
and to Wolcott of Steubenville Ohio in about the Sum of forty
five dollars
And the Said John T Wilkinson being unable to pay off all his debts and
liabilities for which he is believing himself in duty bound in the first place
to secure to his own individual creditors his real and personal estate to
satisfy the respective claims against him and to give them a preference over
those claims on which he is security on others
Therefore for the purpose of securing to the said
J C Meeker and
Hubert Dibble Richardson and Co and to
Abraham R. VanNut
McNiel Fitch and Herome
Samuel Rosevelt
P Cortelyou
Kinan Card and Co
Rockenbaugh Conner & Dates
all of the City of New York in the State of New York
and also to secure to the Said
Dunlap and Crosson
James J Duncan and Co
Wood Abbott and Co
Reed and Brothers
of the City of Philadelphia in the State of Pennsylvania
and also to Secure to the said
Latimore and Junkins
John V Robins
Neff and Brothers
Mead and Winston
Bates and Whicker and
Thomas H Minor and Co
of the City of Cincinnati in the State of Ohio
and also to secure to Barbour and Smith of Madison Indiana
to Walcott of Steubenville Ohio
the payment of the respective Sums affixed to their respective names as above
stated and for the consideration of five dollars to him in hand paid by the said
William Hacker he the said John T Wilkinson doth hereby grant bargain sell
convey transfer and assign to the said William Hacker and to his heirs and
assigns the following described lot or parcel of land situate in the Town of
Greenfield in the County of Hancock in the State of Indiana and known and
described as follows to wit
Lot No Two in Brock
No one in the first south addition to said Town of Greenfield and also all his
said John T Wilkinson's goods chattels, wares, and merchandize (excepting his
household furniture stores and necessaries) and also all debts and Sums of money
due and owing or belonging unto the said John T Wilkinson and all Judgments
bonds notes and all Securities and evidences of indebtedness had taken or oblained
for the same and all open accounts, claims dues and demands whatsoever in
law or equity of al which is contained in a safe due
here to annexed due or owing or belonging to him the said John T Wilkinson and
all his right title and interest in and to the same to have and to hold the same
with the appurtenances to the said William Hacker his heirs executors
administrators and assigns upon the special trust that the said William Hacker
shall forthwith take all of said real and personal property into his possession
and within such convenient time as to him shall seem most at public or private
sale by either wholesale retail or otherwise as to him may seem best to secure
the interest of all concerned and for the best price that can be procured either
in cash or on such credits and times as he will and may deem most beneficial to
all interested shall sell and dispose of and convert into money all and singular
the said lands and premises goods, chattels, wares, and merchandize as soon as
may be and to proceed immediately to collect all judgments, bonds, notes,
security and evidences of indebtedness and all accounts claims and demands
whatever -- as aforesaid and hereby assigned by the said John T Wilkinson as
aforesaid and after deducting the costs charges and necessary expenses of the
trust before mentioned he the said William Hacker shall pay and apply the money
and avails arising there from in the manner following that is to say in the
first place he shall pay and discharge in equal proportion the said respective
debts of the said J C Meeks and Herbert Dibble and Richardson
Abraham R
Van Nest McNeil Fitch and Jerome Samuel Rosevelt P
Cortelyou Kennen Card and Co Rockenbaugh Conner and
Dates Dunlap and Crossen James J Duncan and
Co Wood and Abbot Reed and Brothers
Latimer and Jenkins John N Robins Neff
and Brother Mead and Winston Bates and Whicker
Thomas H Minor and Co Barbour and Smith and to
Wolcott according to the amounts of their several claims as
aforesaid and secondly out of the residue of the avails and moneys arising from
said sales and collections, if any should remain after the payment in full of
the aforesaid debts he the said William Hacker shall pay all other separate and
individual creditors of the said John T Wilkinson if any not herein before named
in equal proportion to the amount of their several claims and in the third place
out of the residue of the avails and moneys aforesaid if any should remain he
said Hacker shall pay all the other creditors of the said John T Wilkinson in
equal proportions to their several claims and in the last place, the
residue of the avails and moneys if any shall remain he shall pay over the same
to the said John Wilkinson, his executors, administrators or assigns. And
the said John T Wilkinson in furtherance of the premises doth hereby make
constitute and appoint the said William Hacker his true and lawful attorney
irrevocable in his said John T Wilkinson's name otherwise and upon and for
the trust aforesaid to ask demand receive and recover of and from all and every
person or persons, all and singular -- the goods, chattels, wares, merchandize,
debts, dues, claims, sum or sums, of money and demands due and owing or
belonging unto him and hereby assigning and transferred or intended so to be
either in law or equity and upon all receipts and deliveries, in the premises,
due acquittences and discharges in his , said John T Wilkinson's name or
otherwise to make, execute and acknowledge, and in default of delivery or
payment in the premises, to sue, prosecute and implead for the same and to
compromise and agree for all or any part thereof as he may deem meet and proper
and upon such composition or other agreement to make due acquitences, and
releases, and also for all or any of the purposes aforesaid to constitute one or
more attorney or attorneys and him the said William Hacker hereby giving and
granting to any said attorney and to his substitutes, full power and authority
in the premises to do all things necessary and proper for the full and complete
execution of the trust aforesaid And the said John T Wilkinson covenants
that the said William Hacker shall not be chargeable with any more than what he
shall actually receive of said goods, wares, merchandize, debts, dues, claims,
sum or sums, of money and demands, hereby assigned and transferred or intended
so to be by virtue of these presents nor be held accountable for any losses that
shall happen in the management of the same without his willful default or
neglect or neglect And the said John T Wilkinson further covenants
that he has not heretofore assigned incumbered, received or discharged all or
any part of the premises, goods, wares, merchandize, debts, dues, claims, and
demands hereby assigned and transferred or intended so to be by virtue of these
presents and that he will not do or suffer any act to hinder or obstruct the
said William Hacker from recovering or receiving the same or any part thereof or
such satisfaction as may be had thereof In Witness whereof the said
John T Wilkinson has hereunto set his hand and seal the day and year first above
written signed sealed & delivered in the presence of Cyrus
Wright.
John T Wilkinson {{ seal }}
State of Indiana Shelby County sct
Be it remembered that the within named John T Wilkinson known to me to be the
person who executed the foregoing deed came this day personally before me the
undersigned Matthias Wright notary public by authority of law duly
appointed And qualified and acknowledged that he did sign seal deliver the
within and foregoing indenture as and for his act and deed for the purposes
therein specified all of which I do hereby certify. In testimony whereof I
have hereunto set my hand and fixed my Notarial seal this 16th day of February
in the year A D 1848
Matthias Wright
Recorded February 18th 1848 John S Campbell
Recorder
Transcribed by Phyllis Miller Fleming
Shelby County Indiana Recorder's Office
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