Bill of sale for land and slaves from William Patrick and Joseph Woolfolk to Emily Sparks, widow of Austin Woolfolk, July 16, 1859

Dublin Core

Title

Bill of sale for land and slaves from William Patrick and Joseph Woolfolk to Emily Sparks, widow of Austin Woolfolk, July 16, 1859

Subject

Slave sale

Description

William Patrick and Joseph Woolfolk sell land and slaves purchased from Washington Barrow to Emily Sparks, widow of Austin Woolfolk, July 16, 1859. Many of these slaves had been sold from Rev. Thomas Mulledy, S.J., to Jesse Batey, and then from Batey to Barrow, and from Barrow to the Woolfolks.

Austin Woolfolk had been one of the most prominent slave traders in the United States.

Creator

Historical Archives of the Supreme Court of Louisiana, Earl K. Long Library, University of New Orleans

Source

Samuel Batey et al. v. Widow Emily Woolfolk et al., (1866), Historical Archives of the Supreme Court of Louisiana, Earl K. Long Library, University of New Orleans, online at http://libweb.uno.edu/jspui/handle/123456789/16999

Publisher

Georgetown Slavery Archive

Date

July 16, 1859

Contributor

Adam Rothman, Jordan Smith

Format

TIF

Language

English

Type

Court records

Identifier

GSA12

Text Item Type Metadata

Text

Copy of act of Sale.
State of Louisiana. Parish of Iberville.
Be it known that on this day, Before me Adonis Petit Recorder in and for the Parish of Iberville, duly Commissioned and sworn and Ex-officio Notary Public in and for and residing in said Parish.
Personally came and appeared Messrs. William Patrick and Joseph B. Woolfolk undivider Owners and proprietors each for one half, residing in said Parish of Iberville.
Who declared that for the Consideration hereinafter mentioned and expressed: They do by these presents grant, bargain, sell, convey, transfer, assign and set over with a full guarantee, against all troubles, debts, mortgages, claims, eviction, donations, alienations or other incumbrances whatsoever; and with substitution and subrogation to all the rights and actions of warranty, which they have or may have against their Own Vendors or all former Owners.
Unto Mrs Emily Sparks widow of Austin Woolfolk deceased, here present accepting and purchasing for herself for
[p. 36]
her heirs and assigns and acknowledging delivery and possession thereof.
all of the following described landed property, slaves and moveables.
First, “ a certain plantation lying and situated in the said Parish of Iberville, on both sides of the Bayou Maringouin, composed of Two tracts of land, One measuring forty two arpents front on the West Side of said Bayou Maringouin, by forty arpents in depth, bounded above by lands belonging to Messrs Duralde & Bogan and below by Land belonging to the Succession of Lemuel Tanner deceased. The said tract being composed of sections Nos. 61, 62, 63, 64, 65, 66, 67, 68 and part of 69, all contiguous to and adjoining each other and situated in Township No. Seven of Reange No. Nine East, and the other Tract being on the East Side of said Bayou Maringouin opposite the tract above described, measuring thirty arpents front by forty arpents more or less in depth, bounded above by lands belonging to the Widow and Heirs of Austin Woolfolk deceased, and below by Land of Henry C. Thibodeaux.
This last tract being composed of Lots 43 & 66, 44 & 67, 45 & 68, 46 & 69, 47 & 70, and 48 & 71, in Township No. 7 of Range No. 19 & 10 and all adjoining each other.
all of which said several Lots or sections of land are supposed to contain Two thousand and Eight hundred superficial arpents be the same more or less, and compose the said plantation known as the West Oaks plantation.
and whereas there exist no act of sale on Record in my office from any person to Jesse Baty the original owner or to his Vendees and the present Vendors in and to the Lots Nos. 48 & 71 above described.
[p. 37]
It is understood and agreed that the vendors only transfer and sell such title to the said lots as they the said vendors acquired from their Vendors to the said lots Nos. 48 & 71.
Second, The following named and described slaves, one hundred and thirty eight in number all living on and attached to the said plantation to wit:
Men. 1. Bill Hill aged 48 years. 2. Jim Pendleton aged 53 years. (ruptured) 3. Henning 21 years. 4. Lexia 30 years. 5. Nelly Hawkins 25 years. 6. Jordan 50 years. 7. Bazil 35 years. 8. Demand 60 years. (blind) 9. Crillers 58 years. 10. Henry Sills 53 years. 11. Charles Strolly 24 years. 12. Jim Scott 43 years. 13. Peter Hawkens 23 years. 14. Patrick 60 years. 15. Jack 24 years. 16. Nace Butler 75 years. 17. Henry Butler 25 years. 18. Tom Butler 23 years. 19. John Butler 21 years. 20. Duncan 25 years. 21. Tom Merimmian 50 years. 22. Sam Harris 53 years. 23. Lem Queen (sickly) 80 years. 24. Cumby 36 years. 25. Washington 23 years. 26. Jack Waters 38 years. 27. Peter Walters 80 years. 28. Lewis 30 years. 29. Frank Hawkins 25 years. 36. Tom Gray 57 years. 31. Bill Alexander 65 years. 32. Jim Broadman 38 years. 33. Augustus West 30 years.
Boys. 34. Shepperd 15 years. 35. John Scott 15 years. 36. Polk 16 years. 37. Nace 11 years. 38. Ambrose 10 years. 39. Ben 10 years. 40. Bob 10 years. 41. Abraham 10 years. 42. George Wilson 12 years. 43. Bill Harris 10 years. 44. Richard 11 years. 45. Joe Hill 10 years. 46. Joe Waters 12 years. 47. George Harris 14 years. 48. George Pendleton 12 years. 49. Miley 10 years. 50. Madison 12 years. 51. Charles Wilson 13 years.
Women. 52. Bily aged 63 years. 53. Kitty 68 years. 54. Clara 64 years. 55. Ann Queen 68 years. 56. Caroline Scott 38 years. 57. Martha Hawkins 28 years. 58. Eliza Butler 40 years. 59 Martha Wilson 30 years. 60. Christina Butler 35 years. 61. Betty Harris 48 years. 62. Fanny Scott 28 years. 63. Mary Scott 58 years. 64. Letta Hawkins 57 years. 65. Suzan Hawkins 28 years. 66. Sarah Harris 30 years. 67. Biby Ann Hawkins 28 years. 68. Ann Sall? 29 years. 69. Eliza West 28 years. 70. Mary Butler 28 years.
[p. 38]
71. Adelphia Grey 32 years. 72. Esther Alexander 52 years. 73. Mary Ann Hill (sickly) 40 years. 74. Charlotte Pendleton 48 years. 75. Ann Pendleton 20 years. 76. Ellen Hawkins 16 years. 77. Sarah Ann Hill 18 years. 78. Ellen Harris 18 years. 79. Lidea Ann Scott 18 years. 80. Lucy Ann Scott 30 years. 81. Rose Ann Scott 23 years. 82. Suzan Scott 17 years. 83. Adeline Waters 38 years. 84. Agnes Butler 15 years. 85. Louisa Harris 16 years.
Girls. 86. Bridget 13 years. 87. Clara 14 years. 88. Jane Wilson 13 years. 89. Henny 12 years. 90. Louisa 12 years. 91. Betsy Hill 12 years. 92. Margaret Watters 12 years. Emeline 10 years.
Children under ten years of age. Boys: 94. John Henry 8 years. 95. Alfred Wilson 6 years. 96. Gabe 6 years. 97. Patrick 6 years. 98. Elias 3 years. 99. Tom 6 years. 100. Edward 7 years. 101. Lenn 6 years. 102. Elleck aged 3 years. 103. Willy 5 years. 104. Lee 3 years. 105. Cesar 3 years. 106. Isaac 3 years. 107. Richard 3 years. 108. Archer 2 years. 109. Daniel 8 years. 110. Jacob 1 year. 111. Bennett one year. 112. Bazel 2 years. 113. Amela infant. 114. William infant. 115. Gabe an infant. 116. Jim Pendleton an infant 117. Ogle an infant. Girls 118 Mathilda 9 years. 119 Juliana 9 year. 120. Ally 8 year. 121. Josephine 7 years. 122. Harriet Ann West 6 years. 123. Rachel 6 years. 124. Tempy 5 years. 125. Aimee 7 years. 126. Mariah 5 years 127. Czarina 4 years. 128. Kitty 4 years. 129. Amanda 8 years 130. Ann West 2 years. 131. Mary Gustine 3 years. 132. 132. Louisiana 2 years. 134. Arbee Pendleton 3 years. 135. Charity 2 years. 136. Shelly an infant. 137. Nancy Eliza West an infant. 138. Ann litta an infant. all slaves for life.
Third. The following described stock and moveable attached to said plantation. Thirty five mules, all the horned cattle and stock of hogs, now on said plantation
[p. 39]
and also all the ploughs, carts, and other farming utensils and tools on the place; and the house and kitchen furniture, and all the corn and fodder on said plantation.
The said plantation being established and cultivated as a sugar plantation, and is sold together with all the buildings and improvements therein being and thereunto belonging, Consisting chiefly in a Brick Sugar house, Steam Engine, Sugar Mill, Steam Saw Mill, Barnes, Stables, negro cabbins &c.
Being the same plantation, slaves and moveables &c. which the present Vendors acquired jointly from Washington Barrow and the Estate of John S. Barrow in the year 1856 as per acts on Record in my office.
And the said Vendors also sell and transfer unto the said Mrs. Woolfolk, Two hundred shares of Twenty five Dollars each in the Baton Rouge Grosse Tete and Opelousas Rail Road Company all paid in.
To have and to hold the said plantation, slaves, moveable property, and Rail Road Stock above described and sold unto the said Purchaser and her heirs and assigns to their proper use and behoof forever.
The foregoing sale is made and accepted for and in Consideration of the price and sum of Two hundred and twenty five thousand Dollars, in part payment and deduction of which the Purchaser has paid unto the Vendors in Cash and Settlement of Divers Accounts, the Dum of Seventy one thousand three hundred and sixty three 38/1000 Dollars. which is hereby acknowledged by the Vendors and for which sum they do hereby give and grant unto the purchaser full release acquittance and discharge.
and in part payment of the balance of the price of said sale remaining to wit: The Sum of One hundred and fifty three thousand six hundred and thirty six 62/100 Dollars. the said purchaser Mrs Emily Woolfolk binds and obligates herself to pay the same as follows to wit:
[p. 41]
Whereas there exist on the property herein above described and sold the following Mortgages debts to wit:
1. One mortgage debt due the heirs of Jesse Baty deceased, amounting in principal and interest on the 1st of February last 1859, the day the present contract was entered into, all previous interests being paid to the sum of Thirty eight thousand six hundred and twenty six 90/100 Dollars, being for Three promissory notes, dated the 18th day of January 1853, subscribed by Washington Barrow and John S. Barrow jointly and severally to the Order of Robert Macbeth at the Bank of Louisiana in New Orleans, each for the sum of Thirteen thousand four hundred and eighty nine 58/100 Dollars, all due and payable respectively on the first day of January of the years 1859, 1860, & 1861, and two first bearing interest at the rate of six per cent per annum from date until maturity and if not then paid, Eight per cent till paid, and the third bearing 8 per cent interest from date till paid, which said mortgage debt the vendors obligated themselves to pay in the act of sale for one undivided half the above described property from Washington Barrow to them payed before Joseph H. Balch notary public on the 4th of February 1856, and recorded in my office in Book of Mortgages No. 5, Entry No. 133, and in the Process Verbal of adjudication of the other undivided half of the said property belonging to the succession of John S. Barrow deceased, to the present vendors, made by the Sheriff of this Parish on the 27th of March 1856, recorded in my office in Book of Mortgages No. 5 Entry 169, in the lieu and place of said Washington and John S. Barrow as therein stipulated.
2. One mortgage debt due Washington Barrow, amounting to the sum of Thirty one thousand two hundred and seventy six 65/100 Dollars being for three promissory notes subscribed [end 40] by the present vendors to the order of and endorsed by the purchaser Mrs Emily Woolfolk, dated the 4th of February 1856, two for the sum of six thousand two hundred and fifty five 21/100 Dollars each payable respectively on the 1st Day of February 1862 and 1st of February 1866, at the Citizens Bank of Louisiana in New Orleans, and one for the sum of Eighteen thousand seven hundred and sixty five 63/100 Dollars, also payable at Said Citizens Bank on the 1st of February 1866, and all bearing interest at 8 per cent after maturity, as the same is fully stated and specified in the act of sale of the undivided half of said plantation slaves &c. from the said Washington Barrow to the present vendors above mentioned of the 4th of February 1856.
3. and one mortgage debt due the Estate of John S. Barrow decd. by the Vendors, for the sum of Thirty one thousand two hundred and seventy six 05/100 Dollars, amount of Three promissory notes dated 27th March 1856, subscribed by the said Vendors and endorsed by the present purchaser, two for the sum of six thousand two hundred and fifty five 21/100 Dollars each, due on the 1st of February 1862, and one on the 1st of February 1866, and the third for the sum of Eighteen thousand seven hundred and sixty five 63/100 Dollars, due on the 1st of February 1866, all payable at the Citizens Bank of Louisiana, new Orleans, and bearing interest after maturity at 8 per cent per annum till paid, as the whole is fully stated and specified in the process, verbal of adjudication and sale of the undivided half of said property made by the Sheriff of this Parish to the present vendors of the 27th of March 1856, above mentioned.
Now therefore the said purchaser Mrs Emily Woolfolk does by these presents bind and obligate herself to pay the said three mortgage debts due as aforesaid and amounting together to the sum of One hundred and eleven thousand one hundred and seventy nine Dollars, in the lieu and place of said vendors in the same manner as if she had subscribed said notes herself,
[p. 42]
and in payment and settlement of the balance remaining on the price of this sale after the above assumpsits, to wit: the sum of Forty two thousand four hundred and fifty seven 62/100 Dollars, the said purchaser has furnished her three promissory notes bearing even date with these presents, as follows: One for the sum of Twenty one thousand two hundred and twenty eight 81/100 Dollars, drawn to the order of William Patrick One of the vendors as his share of said balance, due and payable on the 1st day of February 1860, and bearing interest at the rate of Eight per cent per annum after maturity until paid, and made payable at the office of the Recorder of the Parish of Iberville. 2. One note for the sum of Five thousand seven hundred and seventy one 19/100 Dollars, due and payable on the 1st of February 1860 and bearing interest after maturity at 8 per cent per annum till paid, and 3. one note for the sum of fifteen thousand four hundred and fifty seven 62/100 Dollars, due and payable on the 1st of January 1865, bearing interest at 8 per cent per annum from date until paid, both of which last notes are made payable to the order of Joseph B. Woolfolk and are given him as his share of said balance, said notes made payable at the office of the Recorder of this Parish.
which said three last promissory notes were by me the said Recorder duly countersigned Ne Varieteer in order to identify them with this act and afterwards delivered to the said vendors who hereby acknowledge the receipt thereof.
and whereas it is also stipulated in the act of sale of the above described property from the said Washington Barrow of the 4th of February 1856, and the Process verbal of sale of the Succession property of John S. Barrow of the 27th of March 1856, above refered to, that the property herein above sold is also mortgaged as security of the payment of Ten notes given to the said Washington Barrow by the present
[p. 43]
present vendors, for interest to accrue on the notes for principal as mentioned in said act of sale of the 4th of February. Six for the sum of Two thousand five hundred and two 08/100 Dollars each, due respectively on the 1st of February of the years 1857, 1858, 1859, 1860, 1861, & 1862, and four for the sum of Two thousand dollars each due respectively on the 1st of February 1863, 1864, 1865, & 1866. (Three of which notes there falling due in 1857, 1858 & 1859, the vendors declare have been paid,) as the whole is appears by this act, and also for the payment of Ten notes given by the said vendors for the interest to accrue on the notes given by the said vendors for the interest to accrue on the notes given for the principal to the succession of John. S. Barrow decd. as stipulated in the Process Verbal, of date the 27th of March 1856, and for the same amount and due at the same time and place as those due Washington Barrow above mentioned (the three first of which the said vendors above declare have been paid) and whereas the said notes are not included in the price of this sale, now the said purchaser does hereby declare that she does hereby assume the payment of said notes given as aforesaid for interest over and above the price of this sale, and binds and obligates herself to pay the said notes as they shall become due, hereby releasing the present vendors from all responsibility for the same. And in order to secure the full and punctual payment of all the obligations herein assumed by the purchaser and also to secure the payment of the three promissory notes furnished by the Purchaser to the said vendors as their share for the balance of the price of this sale as abovementioned the property herein above sold and conveyed, shall remain specially mortgaged and hypothecates in favor of the said vendors and all future holders of said promissory notes. The privilege of the vendor being also reserved on said property. The said purchaser hereby promising and binding herself not to sell alienate or incumber the said premises or any part thereof to the prejudice of the present act and mortgage.
The vendors declare that there exist no other Mortgages against,
[p. 44] against them affecting the property herein sold, besides those herein mentioned and assumed. The Parties and especially the purchaser declare that they disperse with the production of the Certificate of Mortgage required by article 3328 of the Civil Code of Louisiana, and hereby exonerate the undersigned Recorder from all damages and costs in the premises.
Thus done and passed at the residence of the Purchaser Mrs Emily Woolfolk, in said Parish where I, the said Recorder went at the request of the Parties, this sixteenth day of July in the year of our Lord one thousand eight hundred and fifty nine, in the presence of Messrs Theodore Johnston and John Patrick, competent witnesses who have signed these presents with the Parties and me the said Recorder after due reading of the whole being made.
(Signed) William Patrick = J.B. Woolfolk = Emily Woolfolk = Theodore Johnston = John Patrick Adonis Petit Recorder
A true Copy of the original act on file and of record in my office recorded in Conveyances Book N. 6 Entry No. 263, and in Mortgage Book No. 7, Entry No. 43, on the 18th, of July A.D. 1859.
Witness my hand and seal of office this 29th day of January A.D. 1866.
(signed) Austin Hunt, Recorder.
Filed January 31st, 1866.
(signed) J.A. Landry Dg. Clerk [end 44]


Files

Bill of sale from William Patrick and Joseph Woolfolk to Emily Sparks widow of Austin Woolfolk 1859-07-16.tif

Citation

Historical Archives of the Supreme Court of Louisiana, Earl K. Long Library, University of New Orleans, “Bill of sale for land and slaves from William Patrick and Joseph Woolfolk to Emily Sparks, widow of Austin Woolfolk, July 16, 1859,” Georgetown Slavery Archive, accessed July 28, 2017, http://slaveryarchive.georgetown.edu/items/show/17.

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