Zelotus Tucker to Robert Palmer - Act of Sale

Rankin Family History Project


State of Louisiana
Parish of Livingston
Louisiana State Seal

Act of Sale
Zelotus Tucker to Robert Palmer
22 July 1845

Be it Known and Remembered, that on this Twenty Second day of July in the year of our Lord one thousand Eight hundred and forty five and in the year of the Independence of the United States of America, the Seventieth.

Before me Jacob J. Watts, Judge of said Parish and duly authorised by law to exercise the powers of Notary Public therein; personally came and appeared Mr. Zelotes Tucker a citizen of the aforesaid parish and State who did declare and say, that for the consideration herin after expressed he does by these presets, grant, bargain, sell, convey, transfer, assign, and set over, with a full guarantee against all troubles, debts, mortgages, claims, evictions, donation, alienations or other incumbrances [sic] whatsoever, unto Mr. Robert Palmer also a citizen of the Parish of Livingston in the state of Louisiana here present accepting and purchasing for himself his heirs and assigns, and acknowledging delivery and possession thereof a certain tract or parcel of land situate, lying and being in the Parish of Livingston and forming the South west corner of the tract of land formerly owned by Spencer Tucker, and bounded as follows,

Beginning at the South west corner of the aforesaid tract of land at a Red Oak tree, 8 In Diameter, Thence North Twenty two (four pole chains) to a pine tree 6 inches Diameter Holly 2 inches Diameter, Thence East 8 chains ... 6 Links to a white Oak tree 2 ... containing Sixty three 80/100 Acres together with all the buildings and Improvements & being the present place of Residence of the vend...

To have an to hold the said property ...said purchaser, his heirs and assigns, to their proper use and behoof, forever; and the said vendor for himself his heirs & assigns the said land to said purchaser, his heirs and assigns, shall and will warrant and forever defend against the lawful claims of all persons whomsoever by these presents: the said vendor moreover subregating [sic] the said purchaser to all the rights and actions of warranty which he has or may have against his own vendor or the vendors of his vendor - hereby authorising [sic] the said purchaser to exercise the said rights and actions in the same manner as he might or could have done.

This sale is made for and in consideration of the sum of One hundred and fifty Dollars cash in hand paid the receipt of which is fully acknowledged before signing the Instrument.

And thereupon, personally came and appeared and intervened to this act, Mistress Nancy Wells wife of the said Zelotes Tucker & of the full age of majority who being herin duly authorised [sic] and assisted by her said husband, took Cognizance [sic] of the foregoing act of conveyance, which I Judge carefully read and explained to her and having so done, she declared that it was her intention, not only to ratify said sale, but to make renunciation of all right she has by mortgage or otherwise, on the land and Improvements therein conveyed, upon which I Judge, declared to her separately and apart from said husband as it is duty, that by the laws of this State, she possessed a general Mortgage on all the property of her said husband and upon that of the community, in case she should renounce thereto:

First, for the restitution of her dower, and the re-investment of the dotal property brought by her in marriage.
Second - For the restitution of dotal property, by her acquired during marriage, by inheritance, donation or otherwise.
Third - For indemnity against all debts, contracted, or which she might hereafter contract, with her said husband.
Fourth - For such of her paraphernal [sic] property and funds as may been alienated by her said husband or of which he has had, or may have the administration or enjoyment, or of which he may otherwise have benefitted .
Fifth - For nuptial presents made to ...by her said husbnad or others. That in making her intended renunciation, she would depoise [sic] herself irrevocably and forever, of all rights of reclamation against said sale, whether under mortgage, privilege or otherwise.

Whereupon, the said wife declared hat she still persisted in the intention she had announced to ratify said sale, and to dispossess herself of all rights and liens which she has upon said property whether by marriage contrat, dower, donation or otherwise; and the said husband being now, again presnet before me, and authorising his said wife again declared, that she does herey Formally Renounce henceforth and forever all and singular her said rights, and transfer the same to the said purchaser his heirs & assigns to be had and held by him and them and by them enjoyed in law and thereout, and she hereby binds herself and her heirs to the said purchaser his heirs and assigns, that she and they shall and will, at all times, acknowledge the validity of the present sale, and of the renunciation she now makes of all rights which she has or may have, in and to the property so sold and that neither she nor they shall ever seek to oppose or impair the fore of this act, hereby renouncing the benefit of all laws, privileges and customs of which she might avail herself or which are in her favor in the premises.

The certificate of the Recorder of Mortgages is dispensed with by the purchaser, Nancy Wells, the wife of the vendor not knowing how to write makes her ordinary mark after the foregoing act of conveyance had been carefully and explained to her.

Thus done and passed at my office in the town of Springfield, the day month and year first above written in the presence of Spencer Tucker and William Wells witnesses of lawful age & domiciliated in this Parish, who have hereunto signed their names, together with said appearers and me, said Judge.

Zelotes Tucker
Nancy Tucker X[her mark]

Witnesses
Spencer Tucker
Wm. Wells

Jacob J. Watts, P. J.

Truly Recorded April 13th 1870
Geo. D. Wells, Recorder
Tangipahoa Parish, Louisiana

Source: Conveyance Records - 1835-1865, Livingston Parish, Louisiana (FHL Film 0355915)

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