Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1903-04-25


judicial District, County of Santa #,
; and Territory of New Mexico.
chambers.
No 4379.
Nathan Salmon, Plaintiff, versu
Nazario GonzalA, Defendant.
For specific performance of contract
In this case the plaintiff sues the de
fendant for the specific performance o
the following contract for the convey
ance of real estate:
This agreement, made and entered
into this Sth day of April, 1902, by anC
between Nazario Gonzales, a wdower
of the County of Santa Fe and Terri
tory of New Mexico, the party of Tho
) first part, and Nathan Salmon, of th'
same place, the party of the secont
part;
"Witnesseth, That in consideration o.
the covenants and agreements herein
after expressed the said party of the
first part has received in hand from
the said party of the second part the
sum of fifty dollars lawful money OF
the United States.
"That the said party of the first part
has agreed and does hereby agree to
grant, bargain, sell and convey to the
said party of the second part, his heirs,
| executors and assigns, and the said
party of the second part has agreed
and does hereby agree to buy from the
said party of the first part, all that
certain piece, parcel and tract of land,
situate, lying and being in the City and
| County of Santa Fe and Territory OF
New Mexico, described as follows, to
wit:
| Bounded on the south by San Fran
disco street, on the north by lands of
Feline Delgado and others; on the east
| by the lands of the First National
Bank of Santa Fe, and on the west by
lands of Bernard Hanley, together with
all and singular. the lands, tenements
hereditaments and appurtenances
thereunto belonging or in anywise APP
pertaining, and the reverson and re-
versions, remainder and remaindera,
rents, issues and profits thereof, and
all the estate, right, title, interest,
claim and demand whatsoever of the
said party Of the first part either in
law or in equity, of, in and to the said
premises, with the hereditaments and
appurtenances, unto the said party of
the second part, his heirs and assigns
forever with the ppurtenances: Pro-
vided, however, that the said party of
the first part hereby further covenants
and agrees, for himself, his heirs, eX-
ecutors and administrators, to and
his heirs and assigns, that he is now.
and at all times hereinafter stated viii.
continue to be we'll seized of the prem-
ises herein described as Of a good, sure,
perfect and indefeasibe estate of in
heritance, in law, in fee simple, and
has good right, full power and lawful
authority to grant, bargain, sell and
convey the same and to contract in re-
spect thereto as herein set forth in
manner and form; that the same are
free and clear from all former and 9TH
er grants, bargains, sales, and incum-
brances of what kind and nature soever
excepting taxes and mortgages on rec
ord, which the said party of the first
part is to pay off and satisfy; that he
will execute to the said party of the
second part, his heirs and assigns for
ever, a deed with the warranties and
covenants herein stated, at the time,
in the manner and for the considera"
ton hereinafter stipulated, with the
further covenant that the said prem
ises in the quiet and peaceable possess
sion of the said party of the second
part, his heirs and assigns, against all
and every person and persons lawful
ly claiming or to claim the whole or
any part thereof the said party of the
first part shall and will warrant and
forever defend.
"The said party of the second part
agrees to pay the said party of the first
part for the said premises the sum of
Nine Thousand Nine Hundred and Fif-
ty ($9,95O.OO) Dollars. in addition to the
sum of Fifty .($50.0O) Dollars paid to
him under this contract, in cash, as
purchase price in full of said premises,
making Ten Thousand ($10,OOO.00) Dol
lars, in all on or before thirty days af-
ter the tender, for inspection and in
vestigation, by the said party of the
first part to the said party of the sec
ond part of a general warranty deed
for the said premises conforming to the
provisions in respect thereto herein
contained.
"And it is further covenanted and
agreed that should the said party of
the second part, on or before thirty
days after the presentation aforesaid
of the deed aforesaid notify the said
party of the first part of any real or
claimed defect in said deed or in the
title to such premises, then the said
party of the first part shall promptly
correct or remove the same, and the
said party Of the second part shall
have thirty days additional after such
correction or removal in which to make
payment of the said sum of Nine Thou
sand Nine Hundred and Fifty ($9,95000)