The Goodhue volunteer., 1863-01-07
MORTGAGE SALE.

WHEREAS on or about the 9Th day of June
A. D. 1857 at Red Wing in thecounty of Good
hue in the then territory now state of Mime
sofa, Nehcmiah;V. Bennett made and deliver
ed to James lawther Of the same place, his
certain two promisory notes in writing, each
bearing date on that day, by one of WI hich notes
said Nehemiah V. Bennett for value recci we'd
promised to pay to said James Lawthcr or to
his order one year after the date thereof. the
sum ofseven hundred and fifty dollars, with
annum, from date until paid; and by the other
OF said notes said Nehemiah v. Bennett prom
iscd to pay to said james Lawthe1 or to his or
der, two years after the date thereof. the sum
ofseven hundred and fifty dollars. for value
received, with interest at the rate Of twenty
four per cent per annum from date until paid
the interest to be paid annually. And where
as to secure the payment Of the said two prom
lssory notes according to the tenor and condi-
tiens of the same as aforesaid, tile said Nehe
mfah V. Bennett and Sarah A. Bennett. his
wife, executed, under their respective hands
acd seals, duly acknowledged and delivered.
as mortgagors, to said James awther ,as mort,
gagee, their certain mortgage deed, in writ
ting, at tn" same time and place OF the making
aud delivery of the aais two notes az aforesaid
and bearing date the SAID 9th day Of June. A.
y: 1857, and as part Of the same ira ransaction
whereby IN consideration of the sum Of fifteen
hundred dollars, the ameunt of the principal
miah V. Bennett and Sarah A. Bennett, his
wife, granted, bargained, sold and conveyed
to the said James Lawthcr, his heirs and u.s.
signs forever, all that certain tract or parcel
Of land described in said mortgage deed as
lying and being in the town (now city, of Red
wing IN the county Of Goodhue, in the Ter
ritory (now state) Of Minnesota, described a.
follows, to wit: Commencing at the north
cast corner Of lot six (6) in block thirty
seven (37) in the town (now city, Of Red
Wing III said Goodhue county, and running
thence southerly along the line Of Bush
street, in said town now city, thirty (so) feet.
thence westerly parallel with Main street, in
said town (now city,, sixty {60) feet, thence
northerly parallel with said Bush st, eet thirty
{ a0) feet, and thence easterly along the line Of
said Main street to the place Of beginning. ac-
cording to the recorded plat Of said town now
city, in the office OF Register OF Deeds for Good
hne county aforesaid, together with all the her
anywise appertainin9, upon condition, howev-
er, that if the said Nehemiah V. Bennett. his
heirs, executors or administrators should nav.
or cause to be paid to James Lawther. his
heirs, executors. administrators or assigns. the
said sum offiftacn hundred dollars and interes t
according to the tenor and conditions Of said
two promissory notes. then the said MORTGAGE
decd to be null and void: otherwise to remain
in force. But if default should be made in such
payment, or any part thereof, then the said
Nehemiah V. Bennett and Sarah A.. his wife.
by said mortgage deed expressly empowered
the said James Lawther to sell the said mort
gagged premises at public auction. and convey
The same to the purchaser ir fee simple, agree
ably to the statute in such case made Ard pro-
vided, and out Of the money arising from s,,eb
sale to retain the principal and interest which
should then be due on said two notes, together
with the costs and charges and pay the over
plus, II any, TO said Eaortua1ors s.. -
ArsA ANphn ln{
condition Of said mortgage d. ed by = failure TO
pay the amount or principal ana interest gpeci- :
NED IN said two notes and mortgage ae asore-
said, or any part thereof, and said puwer 10
sell has become operative. :,
And whereas, no suit or proceeding at law
or otherwise, has been instituted TO recover the
mortgage. -
And whereas, the said mortgage deed. with
the said power OF sAls therein sontained. vas
duly recorded in the Office of Register of Deeds
ofsaid doodhue county, on she Sth day ofJnna.
A. ~ 1851. at two of the clock Id yhe sfsernoon'
IN Book -, OF Mortgage Deeds. on ps9s ss4'
And whereAss the amount claimed 10 Be- dne
on said two notes snd mortgage as the date 81
this notsss II tle sam of ts1rtJ-lsur ,haDited
and sixty 1.-TWO dollars and sixty cents,
Now, therefore nofsce Il hereby xisen. tlrst.
under md by ySInnsM Efts said roMer or sAlS
contained 10 said mortgage. snd ofthe statats
I z such case .nade and pgoyidsd, the sid mart
dese. h-d. will b soid at public snction 10 tie
bIgises- s,iddef for eash, - fbs ff1at aeOr q
court uosss. il the city Or Red Winx. n 1eil
esoodhns eosnsy, - ths ~ k1yY Y.assav.I
|D.i is6s, q ten O'clock II ths Sessnsoa q thst
|dAy, @ satisfy TIE amount dns on sid tuo
|expe.ss. aIIovsd 81 1ar- Dsssd g I'd w;s~. ~.
6, J1sfs ~ tAwTHrx