southwest corner of the southeast quarter of the northwest quarter of section twenty-nine, township seventy-two, range twenty-one; thence east to the southeast corner of the southeast quarter of the northeast quarter of section twentynine, township seventy-two, range twenty-one; thence north to the northeast corner of the northwest quarter of the northeast quarter of section twenty-nine, township seventy-two, range twenty-one; thence west to the northwest corner of the northeast quarter of the northwest quarter of section twenty-nine, township seventy-two, range twenty-one west, thence north to the place of beginning. The school house in the independent school district of Fairview, in Chariton township, is where the first election will be held in November, 1876; and Matthew Johnston, H. L. Dukes and S. L. Bestow are hereby appointed judges of said election, and J. C. Best and W. K. Larimer clerks thereof. With this addition of Lincoln, there are now thirteen townships in Lucas county, as the corporate town of Chariton still retains its township status. The material development of these townships, in their various relations, will appear farther on in this work. EARLY RECORD EVENTS. There is not only interest in the antiquity of early record events, but also a curiosity involved in their occasion, and the rude manner in which they are frequently made-all illustrating that the white man was early on the abandoned trail of the red man; and in his rapid pursuit he did not forget that marriage was an important step in building up homes on the frontier. THE FIRST MARRIAGE LICENSE was issued by the clerk of the district court November 10, 1849, under which James Peck, who, with Elijah K. Robinson, were the first two justices of the peace in Lucas county, chosen at the August election of the same year, performed the first marriage ceremony in the county as shown by the following MARRIAGE CERTIFICATE. SAMUEL A. FRANCIS, AND LOUISA J. WAYNICK. This is to certify that I joined together as husband and wife, Mr. Samuel A. Francis and Miss Louisa J. Waynick, on the fifteenth day of November, A. D., JAMES PECK, Justice of the Peace. The example thus being set by the first couple married in the county, others followed in the order named below: Mr. Joseph C. Welter to Miss Mary Ann Salesbury, by Elijah K. Robinson, J. P., June 27, 1850. Daniel M. Fudge to Miss Elizabeth Holmes, by Elijah K. Robinson, J. P., July 3, 1850. Mr. Jonathan C. Prather to Miss Elizabeth M. Roland, by Elijah K. Robinson, J. P., October 13, 1850. Mr. Samuel D. Huston to Miss Marena McKinley, by Elijah K. Robinson, J. P., June 10, 1851. It was not so easy a matter to assume the marital relation in those early days as some may imagine; especially with the younger element, as will be observed by the following antique papers found in the "abandoned archives" of the court-house garret: I hereby certify that I have no objection to the marage of George B. Colver to Mary Margaret Sellers, this twentieth day of October, 1851. EDMOND COLVER. The foregoing is the consent of the father of the bridegroom, who appears to have been under legal contracting age; and the following is the consent of the father of the bride: I, H. P. Sellers, do hereby certify that Mary M. Sellers is my daughter, and that she is eighteen years of age, and I give my free and voluntary consent to a marriage between her and George Colver. October 20, 1851. Attest: D. D. WAYNICK. H. P. SELLERS. Upon the foregoing certificates the proper authority granted a license under which the anxious twain could be joined as husband and wife for the battle of frontier life. And here comes Esquire Robinson and persormed the feat in approved early-day style: This is to certify that I have joined together as husband and wife, Mr. George Colver, aged nineteen years, to Miss Mary M. Sellers, aged seventeen years, at the house of H. P. Sellers, all of said county, on the 30th day of October, A. D. 1851. ELIJAH K. ROBINSON, Justice of the Peace. Instead of the marriage-license-granting authority becoming more slack in the observance of the law, it appears to have increased its vigilance in this regard, as will appear from the following: I, Isaac Malone, Do Solmonly Sware That I am acquanted With Edward hafferday and mis Catharing twiggs and knows them to Be of lawfull age living in this county. ISAAC MALONE. Sworn to and Subscribed Before me this nineteenth day of may, A. d. 1857. MILTON DOUGLASS, County Judge. However vigilant these officials may have become, they do not seem to have improved in official qualifications. THE FIRST WARRANTY DEED recorded in Lucas county was some three or four months after the organization of the county, which is given in full as follows: Know all whom it may concern, that we, Hugh W. Sample and Esther J. Sample, his wife, of the county of Lee, State of Iowa, do hereby by these presents, bargain and sell to John Howard of the county of Jefferson, and State aforesaid, for and in consideration of the sum of three hundred and fifty dollars, lawful money, to us in hand paid by the said John Howard, the receipt of which is hereby fully acknowledged, do, by these presents, convey to the said John Howard, his heirs or assigns, a certain tract of land, lying and being in the county of Lucas, state above said, known and designated as east half of section 32, in township 72, north of range 21; containing three hundred and twenty acres more or less, together with all the improvements and appurtenances thereunto belonging and appertaining; the said Howard, his heirs and assigns, to have and to hold the said described lands with appurtenances, to and for the only use of himself, his heirs and assigns forever. And the said Hugh W. Sample and Esther J. Sample his wife, do hereby covenant and agree to and with the said Howard, his heirs and assigns, that we have never encumbered the above described lands in any manner whatever, and that we will forever warrant and defend the title to the same against the lawful claims of all, every person or persons claiming by or through us, or either of us, in any manner whatever. In testimony whereof, we have hereunto set our hands and affixed our seals, at Keokuk, in this, the 29th day of November, A. D. 1849. HUGH W. SAMPLE, [SEAL]. Attest: L. E. JOHNSON. STATE OF Iowa, SS. LEE COUNTY, Before me, Lyman E. Johnson, a notary public in and for the county and State aforesaid, personally came Hugh W. Sample and his wife Esther J. Sample, who are personally known to me to be the persons who signed and executed the fore going conveyance, and acknowledged the same to be their act and deed for the purposes therein expressed, she, the said Esther J. Sample, having been by me first interrogated separate and apart from her said husband, acknowledged that she had executed the same of her own free will and accord, and thereby relinquishes her right of dower in said land without compulsion or under influence of her husband. In testimony whereof, I have hereunto set my hand and affixed my notarial seal, at Keokuk, on this, 29th day of November, A. D. 1849. LYMAN E. JOHNSON, Notary Public of Lee County. Recorded this twentieth day of December, 1849. SAMUEL MCKINLEY, Recorder of Lucas County, Iowa. THE FIRST MORTGAGE executed and recorded in Lucas county was made by Thomas Wilson, a pioneer and a member of the board of county commissioners in 1850, to Seth Richards, to secure the payment of money due the latter, of which the following is a copy: Know all men by these presents: That I, Thomas Wilson, of the county of Clarke, and State of Iowa, for and in consideration of seven hundred and twenty dollars, to me paid by Seth Richards, the receipt whereof is hereby acknowledged, do grant, bargain and sell unto the said Seth Richards, his heirs and assigns, the following described land in the county of Clarke, and in Lucas, Clarke county being attached to Lucas, and State of Iowa, to-wit: the northwest quarter of section thirteen, in township seventy-one, north of range twenty-four west, being in Clarke county; and the northeast fractional quarter of section five, in township seventy-one, north of range twenty-one, west, containing one hundred and eighty-three acres, being in Lucas county, State of Iowa, aforesaid; and covenants that he shall quietly enjoy the same free from encumbrance; and that I do warrant, and will forever defend the same to him against all lawful claims; provided, however, and the above conveyance is upon the express condition;. whereas, I am justly indebted to the said Seth Richards in the full sum of seven hundred and twenty dollars, which is to be paid as follows-in two years; but if paid in one year to be satisfied with six hundred dollars. Now, if the said Thomas Wilson shall well and promptly pay, or cause to be paid, to the said Seth Richards, his heirs or assigns, when the same shall become due, the said amount of money with the interest thereon, then the above conveyance to be null and void, otherwise to be and remain in full force and effect. In testimony whereof, the said Thomas Wilson has hereunto set his hand and seal this fifth day of November, 1849. THOMAS WILSON, [SEAL.] I, James Baker, a notary public in and for the county aforesaid, do hereby certify that the above-named Thomas Wilson, who is personally known to the undersigned, to be the identical person who executed the foregoing deed of mortgage, personally appeared before me and acknowledged that he executed the same voluntarily, for the purposes therein contained. In testimony whereof, I have hereunto set my hand and notarial seal this fifth day of November, 1849. [SEAL] Recorded this tenth day of July, 1850. JAMES BAKER, Notary Public SAMUEL MCKINLEY, Recorder of Lucas County. This above mortgage is satisfied by Thomas Wilson paying the amount, six hundred dollars, at Ottumwa, November 2, 1850. It will be remembered that Anna Arnold procured the first divorce from her husband-Scott Arnold. The latter was somewhat prominent in the public affairs of early days, but whether he accumulated very much of a fortune, does not appear. At any rate, after Anna, his ex-wife, returned to single blessedness, she soon appears in the role of money lender. Whether her accumulations were her own, independent of her ex-husband, or were drawn from his estate by way of alimony, allowed by the court, does not appear. Among the first mortgages is one executed to her by John Williams and Matilda, his wife, both of whom sign it with their mark. It was given on lots three and four, block eleven, in Chariton, to secure sixty dollars. THE FIRST QUIT CLAIM DEED executed and recorded in Lucas county was made by George D. Temple. It is an innovation upon the old common law form, made by the code of 1851. This class of conveyance is generally given where the grantor's title is not perfect in him, is of such character that he cannot safely "warrant and defend” it against the claims of all other persons-where he has a claim, or some interest in the land which he thus releases, as shown by the following: For the consideration of one hundred and seventy dollars, I hereby quit claim to Luther Holbrook, of Lucas county, and State of Iowa, all my interest in the following described land, viz: The west half of the northwest quarter, and the west half of the southwest quarter of section twenty four, in township seventytwo, north of range twenty-two west, lying in the county of Lucas aforesaid, and containing one hundred and sixty acres. Witness my hand this 1st day of November, A. D. 1851. Attest: E. A. TEMPLE. GEORGE D. TEMPLE. |