Bill of sale for land and people from Washington Barrow to William Patrick and Joseph B. Woolfolk, February 4, 1856
Text Item Type Metadata
Copy of act of Sale.
State of Louisiana
Parish of Iberville.
Before me Joseph H. Balch Notary Public duly commissioned and Sworn in and for residing in the Parish aforesaid.
Personally came and appeared Washington Barrow of the City of Nashville, State of Tennessee, now in the Parish of Iberville, State of Louisiana. Who declared that he does. By these presents Sell, assign, transfer, convey, and deliver under all lawful guarantees.
Unto William Patrick and Joseph B. Woolfolk both residents of the Parish of Iberville, here present and accepting and acknowledging delivery and possession thereof, and each being equal purchaser for the One undivided half of the following described property, the other undivided half belonging to the Succession of John S. Borrow deceased to wit:
1: a certain plantation lying and Situated in the Parish of Iberville, on both Sides of the Bayou Maringouin, composed of Two tracts of land, One tract measuring forty two arpents on the West Side of Said Bayou Maringouin by forty arpents in depth, bounded above by lands formerly belonging to Governor Henry Johnson, and now belonging to David Durable, and below by land belonging to the Succession of Lemuel Tanner deceased. The Said tract of land being composed of lots or Section No. 61. 62. 63. 64. 65. 66. 67. 68 and part of lot 69. all contiguous
to and adjoining each other and Situated in Township No. Seven of Range 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 in depth more or less, 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 of Land being composed of Lots 43 & 66. 44 & 67. 45 &68, 46 & 69. 47 & 70, and 48 & 71, in Township No. 7 of Range No. 9 & 10 and all adjoining each other.
All of which Several Lots or Sections of Land are Supposed to contain Two thousand and eight hundred Superficial arpents be the Same more or less, and were acquired by the present Vendor John S. Barrow decd. from the Heirs of Jesse Baty dec¬d. by act of Sale passed on the 19th day of January 1853 as per act of Sale passed before Louis Petit late Recorder of this Parish. Which act of Sale is duly recorded in the office of the Recorder of this Parish in Record of Mortgages Book 4. Entry 20.
Now whereas there exists no act of Sale on Record in the office of the Recorder of this Parish from any person to the present Vendor or to his immediate Vendor in and to Lots 48 & 71 above described, it is understood and agreed that the present Vendor Washington Barrow only transfer and Sells Such title to the Lots as he the Said Barrow may have acquired in and to Said Lots 48 & 71. And it is also distinctly understood between the Vendor and Vendees that the Vendor only guarantees the number of acres contained in the Sections mentioned in this act of Sale as having been acquired by the late Jesse Batey decd.
2: also the undivided half of the following named and
Described Slaves to wit:
1: John Gray 55 years, 2: Delpha his wife aged 30 years and their three children 3: Julia Ann aged 7 years, 4: John Henry a boy aged 5 years, and Mary a girl aged 2 years, 6: Callon negro man aged 56 years, 7: Lewis negro man aged 26 years 8: Fanny his wife aged twenty five years, 9: Barney negro man aged 60 years, 10: Henry negro man aged 30 years, 11: Bazil negro man aged 32 years, 12: Christina his wife 32 years and their four children 13=. Agnes a girl aged 11 years, 14: Henry a boy aged 9 years, 15: Abraham a boy aged 5 years, 16: Wessy an infant, 17: Kelly negro man aged 22 years, 18: Elender his wife aged 24 years, and their four children 19: Mathilda a girl aged 6 years, 20: Patrick aged 3 years, 21: Tennessee aged 2 years, 22: Mary Justine an infant girl, 23: Jordan negro man aged 50 years, 24: Mary Scott negro woman aged 55 yrs, 25: John Scott negro boy aged 12 years, 26: Cumby negro man aged 33 years. 27: James Scott negro man aged 40 years. 28: Carolina his wife aged 36 yrs. and their children. 29: Lidia Ann a girl aged 15 yrs. 30: Suzan a girl aged 13 yrs. 30: [sic] Clara a girl aged 11 yrs. 32: laura negro aged 9 years 33: Benjamin negro boy aged 7 years. 34: Robert a boy aged 5 years. 35: Gabe a boy aged 3 years. 36: Lavinia an infant girl. 37: Tyar a boy an infant. 38: Peter negro man aged 79 years. 39: Louis negro man aged 29 years. 40: Ann his wife aged 27 years and their children 41: Nace a boy aged 7 years. 42: ambrose a boy aged 5 years. 43: Ann Queen negro woman aged 65 years. 44: Lucy ann negro woman aged 28 years. 45: Shelly Scott an infant 46: Nora negro girl aged 20 years. 47: Martha ann a negro girl aged 26 years. 48: Bridget negro girl aged 10 years. 49: Emaline negro girl aged Seven years. 50: Josephine negro girl aged 4 years. 51: Amanda negro girl aged 2 years. 52: Eliza Balter negro woman aged 38 years. 53: James Bendton (ruptured) aged 50 years. 54: Charlotte his wife aged 45 years and their children 55: Flemming negro boy aged 15 years. 56: Ann girl aged 17 years. 57: Sheppard
negro boy aged 11 years. 58: George a boy aged 9 years. 59: Pumpa a girl aged 2 years 60: Arbee an infant girl. 61: Bill Hill (carpenter) negro man aged 45 years. 62: Mary ann (sickly) his wife aged 37 years. 63: Sarah ann negro girl aged 15 yrs 64: Polk negro boy aged 13 years. 65: Elizabeth negro girl aged 9 years. 66: Joseph negro boy aged 6 years. children of Bill Hill & Mary ann. 67: Patrick negro man aged 60 years. 68: Lotty his wife aged 55 years. 69: Frank negro man aged 24 years 70: Biby ann his wife aged 25 years and their ^ two children 71: Walter negro boy aged 2 years 72: Trace an infant boy. 73: Suzan negro woman aged 25 years. 74: Elias her infant son. 75: Peter negro man aged 23 years. 76: Jack negro man aged 20 years. 77: Penney Butler negro man aged 20 years. 78: Rachel negro girl aged 3 years. 79: Tom Smily negro boy aged 3 years. 80: Nace Butler negro man aged 70 years. 81: Biby Butler his wife aged 60 years. 82: Henry Butler negro man aged 21 years. 83: Thomas Butler negro man aged 20 years. 84: John Butler aged 18 years. 85: Washington negro man aged 30 years. 86: Martha Swan (seamstress) negro woman wife of Washington aged 28 years and their four children. 87: Jane negro girl aged 10 years. 88: Charles negro boy aged 10 yrs 89: Richard negro boy aged 8 years. 90: Alfred negro boy aged 3 years. 91: Kitty negro woman aged 65 years. 92: Sarah negro woman aged 27 years and her child 93: George aged 5 years. 94: Sam Harris (black Smith) negro man aged 50 years. 95: Betty his wife aged 45 years. and their nine children 96: Sam negro boy aged 18 years. 97: Ellen negro girl aged 15 years. 98: Louisa negro girl aged 13 years. 99: George negro boy aged 4 years. 100: Madison negro boy aged 9 yrs. 101: William negro boy aged 7 years. 102: Ally negro aged 5 years. 103: Harriet negro girl aged 3 years. 104: Elmore an infant. 105: Len Queen aged 80 years. a negress. 106: Gustus negro man aged 30 years 107: Eliza his wife aged 25 years. 108: their two children Manly a boy aged 7 years
109: Lin a boy aged 3 years. 110: Jack negro man aged 35 years 111: adeline his wife aged 35 years. and their three children 112: Joseph a boy aged 9 years. 113: Margaret negro girl aged 7 years. 114: Elie a boy an infant child. 115: William a (carpenter) negro man aged 65 years. 116: Esther his wife aged 63 years. 117: Jim Bouton negro man aged 35 years. 118: Charles negro man aged 20 years 119: Clara negro woman aged 65 years. 120: Natty a boy aged 3 years.
The above undivided half of the above land and Slaves is sold together with the undivided half of all the buildings, improvements and appurtenances thereon being or in any wise there unto belonging and also the undivided half of all the horses, mules, horned cattle, Sheep, hogs, bricks, lumber, etc. on said plantation and thereunto attached and also the undivided half of all the household furniture belonging to the partnership formerly existing between said W. Barrow & John S. Barrow deceased.
In the above Sale is comprised the undivided half of Two hundred Shares in the Baton Rouge Grosse Tete and Opelousas Rail Road. And the Purchasers assume to pay the One half of Four notes amounting to One thousand Dollars, each being the balance due on Said Shares and all interest thereon accrued. The foregoing Sale is made for and in consideration of the price and Sum of Seventy five thousand Dollars exclusive of the assumpsit of the One half of the four notes above named.
and in part payment and deduction of the Said price of Seventy five thousand Dollars, the Said purchasers have paid the Said Vendor the Sum of Ten thousand Dollars Cash the receipt whereof is hereby acknowledged and full release and acquittance granted therefor. and in part payment of the balance of Said price, to wit: the Sum of Sixty five thousand Dollars. the Purchasers assume to pay the One half of the Mortgage debt due by Washington & John S. Barrow in the property above Sold as per act of Sale and mortgage passed before
Lewis Petit late Recorder of this Parish on the 18th. day of January 1853, being in principal on this day the Sum of Thirty three thousand Seven hundred and twenty three Dollars and ninety five cents ($33.727.95) which Mortgage debt up to the Said Sum, the Said purchasers assume to pay in the Same manner and form as the Vendor was bound to pay the Same under the act of the 18th. January 1853 above cited and to which reference in here Specially made. Except however it is here well understood by the Parties and particularly the Vendor, that he the said Vendor is to pay all interest due and having accrued on Said Mortgage debt of Thirty three thousand Seven hundred and twenty three 95/100 Dollars up to this date, the day on which this act is passed.
and in payment and Settlement of the remainder or balance of said price being the Sum of Thirty one thousand two hundred and Seventy Six Dollars and five cents, the Said purchasers have made and Signed their three promissory notes or obligations drawn in Solido dated this day with interest of Eight per cent per annum from and after maturity until paid and made payable to the order of Emily Woolfolk and by her endorsed and payable at the Citizen Bank of Louisiana in the City of New Orleans.
The first of which being for the Sum of Six thousand two hundred and fifty five 21/100 Dollars will become due and payable on the first day of February 1862.
The Second being for the Sum of Six thousand two hundred and fifty five 21/00 Dollars will become due & payable on the first day of February 1866.
and the third and last of Said notes being for the Sum of Eighteen thousand Seven hundred and Sixty five 63/100 Dollars will become due and payable on the first day of February 1866.
The above Sale being made on the footing of Cash, the Said Purchasers have also made and Signed their ten promissory notes of obligations drawn in Solido bearing even date with this act and payable to the order of Emily Woolfolk and by her endorsed and payable at the Citizen Bank of Louisiana in the City of New Orleans, which notes are given in payment of all interest that would have accrued annually on the said three notes first above described as follows to wit:
1: One note for the Sum of Two thousand five hundred and two 8/100 Dollars and will become due and payable on the first day of February 1857.
2: One note for the Sum of Two thousand five hundred and two 8/100 Dollars will become due and payable on the first day of February 1858.
3: One note for the Sum of Two thousand five hundred and two 8/100 Dollars will become due and payable on the first day of February 1859.
The 4: of which being for the Sum of Two thousand five hundred and two 8/100 Dollars will become due and payable on the first day of February 1860.
5: of which notes being for the Sum of Two thousand five hundred and two 8/100 Dollars will become due and payable on the first day of February 1861.
6: of which notes being for the Sum of Two thousand five hundred and two 8/100 Dollars will become due and payable on the first day of February 1862.
7: of which notes being for the Sum of Two thousand Dollars will become due and payable on the first day of February 1863.
The 8: of which notes being for the Sum of Two thousand Dollars will become due and payable on the first day of February 1864.
The 9: of which notes being for the Sum of Two thousand Dollars will become due and payable on the first day
of February 1865.
The tenth and last of which notes being for the Sum of Two thousand Dollars will become due and payable on the first day of February 1866.
all of which Ten notes bear interest at Eight percent per annum from and after Maturity until paid.
all of which Ten notes first and secondly above described being thirteen in number were by me the Said notary paraphed Ne Varietur in order to identify them with this act and then delivered to the Said Vendor, who hereby acknowledges receipt thereof, and in order to Secure the full and punctual payment of the above described notes being thirteen in number and all interest that may accrue thereon.
The Purchasers do hereby specially mortgage affect and hypothecate the undivided half of the plantation or land and appurtenances, improvement now being on the Same and all the improvements that may be placed thereon, together with the undivided half of the One hundred and twenty Slaves in this act and described and Sold with all their increase.
The privilege of the Vendor being also retained on all the property Sold and conveyed in this act, all of which property Shall [illegible] remain Mortgaged in favor of the Said Vendor, or in favor of any person or persons who may become the lawful holder or holders of any or all Said promissory notes.
The purchasers promising and binding themselves not to Sell alienate or incumber Said property to the prejudice of this Act and Mortgage.
The Parties to this Act mutually and respectively declare that they dispense with the production of the Certificate of Mortgage from the Recorder of this Parish as required by Article 3328 of the Civil Code of Louisiana
The Vendor moreover Subrogates the purchasers to all the rights and actions of Warranty which he has or may have against his Vendor and all former proprietors.
This done and passed at my office in Said Parish this Fourth day of February A.D. Eighteen hundred and fifty Six in presence of Augustus Talbot and Theodore Johnston competent witnesses who have Signed these presents with the Parties and me the Said notary after due reading hereof.
(Signed) Washington Barrow = Joseph B. Woolfolk =
William Patrick = A. Tallbot = Theodore
Johnston.= for H. Balch
a true copy of the Original act on file and of record in my office recorded in Conveyances Book N. 4. Entry N. 151. and in Mortgage Book N. 5. Entry N. 133. on the 4th. of February 1856.
Witness my hand and Seal of office
this 26th, December 1865.
Signed, Austin Hart
Filed January 31st, 1866. Recorder.
Signed J. A. Landry