The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1876-11-30
GONE UP.
The Kansas Insurance Company
Makes an Assignment,
And Consigns Itself to the mercies Of
its Creditors.
The Official Copy Of the Deed as on
File in the Office Of the Reg
lister Of Deeds.

| IHC OihS" ~~fJ ~ WV ~S 80 Wv
File in the Office Of the Reg
lister Of Deeds.
The following Il an exact copy Of the ~
signment made BY the Kansas Insurance
Company, of this city, now on file in the
Office Of the Register of Deeds:
This indenture, made and entered into
this, the 18th day of November A. D.,
1876, between the President, Directors and
Company of the Kansas Insurance Com
pany Of Leavenworth, Kansas, party of the
iirst part, and Claudius 3. Pierce, of the
same place, party Of the second part, and
the various other persons and corporations
creditors Of said Kansas Insurance Com
pany, who shall be deemed parties to this
instrument, in the manner herein provided
parties Of the third part, witnesseth:
Whereas, The embarrassed situation Of
the Kansas Insurance Company and it,
present inability to meet its liabilities,
place. it out of the power Of said company
70 paw its debts and carry on its business
without Causing q reat sacrifice OF its pro-
perry, and withou. being destructive also to
aforesaid, a. we'll As of the interest Of its
creditors, eli of which cau-es render it
necess ,ry that an assignment Of the prop
erly, debts and effects OF the corporation
should nj once be made for the benefit of
the creditors, a. will most efectually pro-
mote the best interests If The creditors Of
| the institution, and prevent them from sus-
tanning loss and u sacrifice.
h..
,hi- indenture witnes-eth that the said
Kansas Insurance Company, in considera-
zion of the premises, and Of the sum of
one dollar t. the said Insurance Com
pany paid by the party Of the second part,
the receipt Of which is hereby acknowl-
edged, and further, in consideration Vi the
covenants, siipuiatIons aud require" ents
herein contained, have given, granted, bar
gained, sold, assigned, transferred and set
over, AID by there presents do give, grant,
bargain, sell, assign, transfer aud Set over 10
the said Ciaudiu. b. Pierce, all The property,
real, IN rsonal and mixed, which either in
law or eq lily belongs 10 the said party OF
he fir.t part. full description whereof so
far a. tne same Is known or remembered,
j. in the schedule hereto annexed. marked
Exhibit A." which il intended TO include
eacn aud every kind OF property Of any
and every nature whatsoever now belong
ing to tine party OF the first part.
Ard in the event that any other prop
erty shall hereafter be discovered,
not in said Schedule A." il
is covenanted thereby that his conveyance
shall include, and shall transfer to the
parry Of the second par; all right, title and
interest which the said party Of the int
L.. har WI al nj
the profits o. interests which may grow out
of the same or any part thereof.
To have and to hold to the said Claudius
B Pierce and his successors IN trust, how
ever, for the following uses and purposes,
to-wit: That the said Clsudius =. Pierce
shall proceed in the manner that he may
deem ms to the interest of all concerned,
(suhiect, however, to the order aud direc-
tions of the District Court Of Leavenworth
county, in the state of Kansas, made in &C.
cordance with the law Of such Stste) to cell
and dispose of, either at private sale or At
auction, and to execute good and sufficient
deeds, bills of sale, releases and all other
instruments Of conveyan to effect sale
or transfer of the real and personal estate
goods and stocks of said parry of the first
part herein conveyed to such person or per-
sons, and for such prices as in his judgment
may appear best for the interest OF ali con-
cerned, and 10 collect and hold the proceeds
Of such sales, and, also TO Collect and real
ize in money the most that may be prac-
ticable from the bonds, bills o exchange,
bills receivable, notes, claims, accounts,
judgments, DENT nds, chooses in action, and
profits belonging to the party OF the first
part hereby transferred and assigned to
HIM.
And from the proceeds Of such sales and
collections the said party of the first part
shall pay all Just and reasonable expenses
and charges OF making and carrying into
full effect this assignment and the objects
thereof, together with such allowance rs
the said District Court shall make to him
| in consideration of his care and trouble in
the premises; secondly, he shall pay out OF
the proceeds in equal proportion, pro rata,
to the creditors OF the party vi the first part
the residue of said money. A full list OF
said creditors together with the amount,
due or claimed t. be due, is hereto attach
ed in schedule marked Exhibit y, }" which
is intended TO be full and complete list
Of all the liabilities Of said party OF the
first part, and ii any other person or persons
shall be discovered to have claim or
claims not therein, the same has been omit
ted by mistake. and they are to be consider
ed as though on such schedule; and thirdly,
the said party OF the second part is to have
possession and control of all the books,
bonds, notes, chooses in action, &c, from this
time forth, and rs soon as the purposes OF
| this trust shall be executed he shall make
report of his doings, 10 the istrict Court
of Leavenworth county, and shall pay over
any surplus If any, to the parties OF the
first part, and return al books and papers
in his control And the said party of the
second part does covenant, stipulate and
agree to, and with the party Of the first
part, with all and each Of the creditors OF
the said party of the fisst part, that he will
in all things faithfully perform the trust
herein repused ~ d a. speedily "a possible
complete the same fully and completely as
above specified.
IN TESTIMONY WHEREOF, Hensley,
Vice resident Of said Kansas Insurance
Company, BY virtue of the authority in
him vested by an order and resolution of
the "Board Of Directors" of said Kansas
insurance Company hereto sffixes the
common seal of said Kansas Insurance
Company to this deed, for and on behalf
of said Company, aud as the sct and deed
of said Company, and as evidence thereof
| alao subscribes his name thereto, and the
said party of the second part, has here
unto ret his hand and seal.
(C,RroRATEl E HENsLtY, Vice Pres't
SEAL CLAUDIUs b. PIERCE
EAL
STATE OF KANSAS, | :.
Leaven worth Co,
Be it remembered that on this
18th day of November, A. d. 1876,
before me, the undersigned, = notary
public in and for the county and
State aforesaid, came f. Hensley and
Claudius B. Fierce, who are personally
known to me to be the same persons who
executed the foregoing instrument of wri-
ting, and duly acknowledge the execution
Of the same for the uses and purposes
therein named.
In WINES WHERroF, have bereunto
set my hand and affixed my nota-
rial seal, the day and year last