No. 1715.

Examination of Title

to
The following lands in Lake County, Illinois, described as follows, to-wit: Commencing at theSouth East corner of the North East quarter of Section Twenty, Township Forty-threeNorth, Range Ten, East of the third Principal Meridian and running thence West Four-teen chains, thence North Thirty-three degrees, Thirty minutes West, Thirty-one chains,Thirty two links, thence North Fifty-one degrees, Fifteen minutes West Seventeen chains,Five links, thence North Sixty-seven degrees East Eight chains, Eighty-four links, thenceNorth Twenty-two degrees West Two chains Thirty-five links, thence North Forty-eightdegrees East Seven and one-half links, thence North Thirty-two degrees East Five chains,thence North Forty-three degrees East Five chains, Fifty links, thence North Seven degreesEast Seven chains, Fifty links, thence North Sixty-six degrees West, Six chains, Twenty-eight links, thence North Thirty degrees West Ten chains, thence South Sixty-two degreesWest Nineteen chains, Fifty-three links to the South line of the North East quarter of theSouth West quarter of Section Seventeen, Township and Range aforesaid, thence West Onechain, Seventy-five links to the South West corner of said quarter of quarter Section, thenceNorth to the North West corner of said quarter of quarter Section, thence East to the NorthEast corner of the South East quarter of said Section Seventeen, thence South to the placeof beginning. Excepting therefrom that part thereof conveyed by Isaac Willard Fox tothe Trustees of Schools of Township Forty-three, North, Range Ten East, by Deed record-ed in Vol. 38 of Deeds, page 305, and shown as No. 47 hereof.Also the South West quarter of the North West quarter of Section Seventeen, excepting a strip ofThree acres of equal width off the North side thereof.Also the South West quarter of the South West quarter of Section Seventeen. Also the NorthWest quarter of the South West quarter of Section Seventeen. The North East quarterof the South East quarter of Section Eighteen. Excepting a strip of Eight acres of equalwidth off the West side of said quarter of quarter Section.Also the East Three-fourths of the South East quarter of the North East quarter of SectionEighteen.Also the West half of the South West quarter of the North West quarter of Section Twenty; andthe West half of the South West quarter of section Twenty.All of above being in Township Forty-three, North of Range Ten, East of the Third PrincipalMeridian. Excepting therefrom conveyances by the Waukegan and South Western Rail-way Company or the Elgin, Joliet and Eastern Rail Road Company or their grantees.
Original Entry1by“Danl A. Baldwin.”
From the Auditor’s Official returns on file in the Office of the County Clerkof Lake County, Illinois, it appears that on February 9, 1841, said “Danl A.Baldwin” entered or purchased the South East quarter of Section 17, Town 43,N. Range 10 E., containing 160 acres.
Receipt2byEli S. Prescott,Receiver.
Receiver’s Receipt No. 7950. Dated Land Office at Chicago, Illinois,Febry. 9, 1841, Recorded Febry. 13, 1841, in Vol. A of Deeds, page 26. Ac-knowledges receipt from Seth Paine and Daniel A. Baldwin of $200.00, beingpayment in full for South East quarter of Section 17. Township 43, NorthRange 10, East of the 3rd P. M., containing 160 acres.
Original Entry3by“Danl A. Baldwin.”
From the Auditor’s Official returns on file in the Office of the County Clerkof Lake County, Illinois, it appears that on February 9, 1841, said “Danl A.Baldwin” entered or purchased the South West quarter of Section 17, Town 43,N. Range 10 E., containing 160 acres.
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Receipt4byEli S. Prescott,Receiver.
Receiver’s Receipt, No. 7951. Dated Land Office at Chicago, Illinois,Febry. 9, 1841. Recorded Feby. 13, 1841, in Vol. A of Deeds, page 27.Acknowledges receipt from Seth Paine and Daniel A. Baldwin of $200.00, beingin full payment for the South West quarter of Section 17, Township 43, NorthRange 10, East of the 3rd P. M., containing 160 acres.
Original Entry5by“Danl A. Baldwin.”
From the Auditor’s Official returns on file in the Office of the County Clerkof Lake County, Illinois, it appears that on October 9, 1841, said “Danl A.Baldwin” entered or purchased the West half of the North West quarter ofSection 17, Town 43, N. Range 10 E., containing 80 acres.
Receipt6byEli S. Prescott,Receiver.
Receiver’s Receipt No. 7949. Dated Land Office, Chicago, Illinois, Febry.9, 1841. Recorded Febry. 13, 1841, in Vol. A of Deeds, page 26. Acknow-ledges receipt from Seth Paine and Daniel A. Baldwin of $100.00, being fullpayment for the West half of the North West quarter of Section 17. Township43 North, Range 10, East of the 3rd P. M., containing 80 acres.
Original Entry7by“Danl A. Baldwin.”
From the Auditor’s Official returns on file in the Office of the County Clerkof Lake County, Illinois, it appears that on February 9, 1841, said “Danl A.Baldwin” entered or purchased the East half of the North East quarter of Sec-tion 18, Town 43, N. Range 10 E., containing 80 acres.
Receipt8byEli S. Prescott,Receiver.
Receiver’s Receipt No. 7947. Dated Land Office at Chicago, Illinois, Feby.9, 1841. Recorded Feby. 13, 1841, Vol. A of Deeds, page 26. Acknowledgesreceipt from Seth Paine and Daniel A. Baldwin of $100.00, being in full paymentfor the East half of the North East quarter of Section 18, Township 43, North,Range 10 East of the 3rd P. M., containing 80 acres.
Original Entry9by“S. Paine & D. A.Baldwin.”
From the Auditor’s Official returns on file in the Office of the County Clerkof Lake County, Illinois, it appears that on February 9, 1841, said “S. Paine &D. A. Baldwin” entered or purchased the North East quarter of Section 20,Town 43, N. Range 10 E., containing 160 acres.
Receipt10byEli S. Prescott,Receiver.
Receiver’s Receipt No. 7946. Dated Land Office at Chicago, Illinois, Feby.9, 1841. Recorded Feby. 13, 1841, Vol. A of Deeds, page 26. Acknowledgesreceipt from Seth Paine and Daniel A. Baldwin for $200.00, being in full pay-ment for the North East quarter of Section 20, Township 43, North Range 10,East of the 3rd P. M., containing 160 acres.
Original Entry11by“S. Paine & D. A.Baldwin.”
From the Auditor’s Official returns on file in the Office of the County Clerkof Lake County, Illinois, it appears that on February 9, 1841, said “S. Paine &D. A. Baldwin” entered or purchased the West half of the South West quarter ofSection 20, Town 43, N. Range 10 E., containing 80 acres.
Receipt12byEli S. Prescott,Receiver.
Receiver’s Receipt No. 7948. Dated Land Office at Chicago, Illinois, Febry.9, 1841, and Recorded Feby. 13, 1841, in Vol. A of Deeds, page 26. Acknow-ledges receipt from Seth Paine and Daniel A. Baldwin of $300.00, being in fullpayment for the South East quarter and the West half of the South West quar-ter of Section 20, Township 43, North of Range 10, East of the 3rd P. M., con-taining 240 acres.
Original Entry13bySeth Paine.
From the Auditor’s Official returns on file in the Office of the County Clerkof Lake County. Illinois, it appears that on February 22, 1841, said Seth Paineentered or purchased the South West quarter of the North West quarter of Sec-tion 20, Town 43, N. Range 10 E., containing 40 acres; and the N. E. ¼ of theS. E. ¼ of Sec. 18, T. 43, N. R. 10 E., containing 40 acres; and on February6, 1841, said Seth Paine entered or purchased the East half of the North Westquarter of Section 20 aforesaid, containing 80 acres.
Seth Paine and“Frances, his wife,”14toAbel Keyes.
Warranty Deed, dated Feby. 2, 1841, Recorded April 23, 1841, in Vol A ofDeeds, page 75.Consideration $500.00Convey all the undivided one-half part of the following described land, sit-uated in Lake County, Illinois, to-wit: The South East quarter and the South
West quarter and the West half of the North West quarter of Section 17. The East half of the NorthEast quarter and the North East quarter of the South West quarter of Section 18. The North East quar-ter and the West half of the South West quarter and the South West quarter of the North West quarter ofSection 20. All in Township 43, North of Range 16, East of the 3rd P. M.Acknowledged February 27, 1841.
Seth Paine and“Frances, his wife,”15toAbel Keyes.
Warranty Deed, dated Feby. 9, 1841. Recorded April 23, 1841, in Vol. Aof Deeds, page 77.Consideration $500.00Convey certain pieces of land lying in Lake County, Illinois, and knownand described as the undivided one-half part of the West half of the South
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West quarter and the South half of the West half of the North West quarter of Section 20, Township 43,North Range 10 East of the 3rd P. M., according to U. S. survey.Acknowledged February 10, 1841, before F. A. Howe, J. P. in and for Cook County, Illinois, no cer-tificate of Magistracy attached.
Fanny P. Keyes, widowof the late AbelKeyes,16toSeth Paine.
Quit claim Deed, dated June 20 “one thousand eight hundred and forty.—”Recorded Dec. 9, 1848, in Vol. K of Deeds, page 105.Consn. $300.00Quit claims all her right, title and interest in and to the one undivided halfpart of all the following described land, to-wit: The East half of the NorthWest quarter and the East half of the South West quarter and the West half
of the South West quarter and the South half of the West half of the North West quarter of Section 20,Tp. 43 N. R. 10 East of the 3rd P. M. Also the North East quarter and the South East quarter of Sec.20, “in the Township and Range aforesaid.” Also the South East quarter and the South West quarter andthe West half of the North West quarter of Sec. 17 “in the same Township and Range,” and also the Easthalf of the North East quarter and the North East quarter of the South West quarter of Sec. 18 “in thetownship & Range aforesaid.”Acknowledged June 20, 1848.
Ariel Edgerton “andmy wife Abigal” asheirs of Abel Keyes,late deceased at Jef-ferson County, Ter-ritory of Wisconsin,17toSeth Paine.
Quit Claim deed, dated April 13, 1844. Recorded Dec. 19, 1844, in Vol.C of Deeds, page 343.Consideration $200.00Quit claim all right, title, interest, claim and demand of and unto certaintracts of land lying in Lake County, Illinois, described as follows, to-wit: Theundivided half of the East half of the North West quarter and the East half ofthe South West quarter and the West half of the South West quarter and the Southhalf of the West half of the North West quarter of Sec. 20, and the South East quar-ter and the South West quarter and the West half of the North West quarter of Sec.
17, and the East half of the North East quarter and the North East quarter of the South West quarter of Sec.18, and also the North East quarter and the South East quarter and the West half of the South Westquarter and the South West quarter of the North West quarter of Sec. 20. All in Tp. 43, N. R. 10 Eastof the 3rd P. M.
(Signed)“Ariel Egerton,“Abigail P. Egerton.L. S.
L. S.
Acknowledged by “Arial Edgerton and Abigail Edgerton” April 13, 1844.
[Seal.]”
Joseph Keyes and“wife Olive” as heirsof Abel Keyes, latedeceased at LakeMills, JeffersonCounty, Territory ofWisconsin,18toSeth Paine.
Quit Claim Deed, dated Dec. 9, 1844. Recorded Dec. 19, 1844, in Vol. Cof Deeds, page 342.Consideration $200.00Quit claims all right, title, interest, claim and demand of and unto certainlands lying in Lake County, Illinois, described as follows, to-wit: The undi-vided half of the East half of the North West quarter and the East half of theSouth West quarter and the West half of the South West quarter and the Southhalf of the West half of the North West quarter of Sec. 20, and the South Eastquarter and the South West quarter and the West half of the North West quar-ter of Sec. 17, and the East half of the North East quarter and the North East
quarter of the South West quarter of Sec. 18, and the North East quarter and the South East quarter andthe West half of the South West quarter and the South West quarter of the North West quarter of Sec.20. All in Tp. 43 N. R. 10 East of the 3rd P. M. (also other property not in question.)Acknowledged December 9, 1844.
Seth Paine and“Frances, his wife,”19toMarvin McNulty.
Warranty Deed. Dated April 29, 1848. Recorded Dec. 9, 1848, in Vol.K of Deeds, page 109.Consideration, $1000.00Convey all the following described lots of land, to wit: All the right,title, interest, claim and demand to the undivided half of all that land in Lake
County, Illinois, described as follows: All that part of Sections 17, 18 and 20 in Tp. 43,—R. 10 East ofthe 3rd P. M., described as follows: Beginning at the quarter Section stake 159½ rods North of theSouth East corner of Sec. 20 and running West 56 rods, thence North 34 degrees West 95 rods to theNorth line of the South West quarter of the North East quarter of Sec. 20, which point would be 50¾ rodsfrom the North West corner of the South West quarter of the North East quarter of Sec. 20, thence North34 degrees West 30 rods, thence North 50½ degrees West 43½ rods to the West line of the North Westquarter of the North East quarter of Sec. 20, thence North 50½ degrees West 24½ rods to a ceder stake andthence North 69 degrees East to the North line of Sec. 20, thence East 4 rods, 18 links to the center ofSec. 20, thence North 48 degrees East 13½ rods, thence North 32 degrees East 20 rods, thence North 43degrees East 22 rods, thence North 7 degrees East 30 rods, thence North 66 degrees West 25 rods, thenceNorth 31 degrees West 40 rods, thence North 62 degrees West 78 rods to the North line of the South Eastquarter of the South West quarter of Sec. 17, thence West to the North West corner of South East quarterof the South West quarter of Sec. 17, thence South to the North line of Sec. 20, thence West to the SouthWest corner of Sec. 17, thence North to the North West corner of the North West quarter of the SouthWest quarter of Sec. 17, thence East to the East line of Sec. 17, thence South to the South East corner ofthe South East quarter of the North East quarter of Sec. 20 to the place of beginning. (“To more par-ticular described as follows”: The East half of the North East quarter of Sec. 20, except 2 acres, 71 rodsin the South West corner, together with 4 acres and 12 rods of the North East corner of the South Westquarter of the North East quarter of Sec. 20. Also the North West quarter of the North East quarter of
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Sec. 20, except 8 acres 97 rods off the South West corner. Also 2 acres and 96 rods (except 120 rods) inthe North East corner of the North East quarter of the North West quarter of Sec. 20. Also the East halfof the South East quarter of Sec. 17. Also the West half of the South East quarter of Sec. 17, except 16¼acres off the West side “as indicated by timber.” Also the North East quarter of the South West quarterof Sec. 17, except 7½ acres off the South side “as indicated by timber.” Also the West half of the SouthWest quarter Sec. 17.) Also 32 acres of land off the East side of the North East quarter of the South Eastquarter of Sec. 18. Also 30 acres off the East side of the South East quarter of the North East quarter ofSec. 18. Also the South West quarter of the North West quarter of Sec. 17, except 3 acres off the Northside “to be divided by and East & West line.” Also the West half of the South West quarter of Sec. 20.Also the West half of the land on the Lake Shore on the South West quarter of the North West quarter ofSec. 20 to be divided by a North and South line running to the Lake so as to give each an equal quantityof the land. The amount of land conveyed is the “undivided half of Five Hundred and Thirty-five acres“of land without the portion of such piece as run into the Lake. That portion not being recorded in.”Acknowledged April 29, 1848.On the margin of the record of above is written: “All the piece and parcel of land lying and being“in the County of Lake and State of Illinois described as follows all erased thence North thirty-four West“thirty rods. Erased of Section Twenty.”
Seth T. Paine and“Frances, his wife,”20toDaniel A. Baldwin.
Warranty Deed. Dated Feby. 8, 1841. Recorded Feby. 13, 1841, in Vol.A of Deeds, page 24.Consideration $100.00Convey all the one undivided one-half of the following described land sit-ated in Lake County, Illinois, viz: The East half of the North West quarter ofSec. 20, Tp. 43, N. R. 10 East of the 3rd P. M., containing 160 acres of land(with other property.)Signature of one Grantor is“Seth Paine [L. S.]”Acknowledged February 8, 1841, as signed.
Daniel A. Baldwin21toAbraham P. Holdridge
Mortgage. Dated Sept. 1, 1841. Recorded Oct. 28, 1841, in Vol. A ofDeeds, page 147.To secure the payment of a note signed by said Holdridge to one E. Reedfor about $686.00 with interest due on 19th day of September “next.”
Also a note to David Osborn for $1000.00 with interest from date which is past due. Also about fourhundred dollars to Justiner Mills and Nels Lawrence. Also all other liabilities secured by said Holdridgefor and on account of said Baldwin. Also for all monies paid and advanced by said Holdridge for and onaccount of said Baldwin which are to be paid on or before Sept. 1, 1842.Conveys the undivided one-half of all that land situated in Lake County, Illinois, known and desig-nated by U. S. survey as the West half of the North West quarter of Sec. 17. The South East quarterand the West half of the South West quarter of Sec. 20. The South West quarter of the North Westquarter of Sec. 20. The South East quarter of Sec. 17. The North East quarter of Sec. 20. The Easthalf of the North East quarter of Sec. 18. The North East quarter of the South East quarter of Sec. 18.The South West quarter of Sec. 17. The East half of the North West quarter and the East half of theSouth West quarter of Sec. 20. All in Tp. 43,—R. 10 East of the 3rd P. M.The said half being equal to 600 acres. It being the farm owned by said Baldwin and one Seth Painesituated on the banks of Lake Zurich.
Satisfaction22byA. P. Holdridge.
Dated July 24, 1847. Recorded Dec. 9, 1848, in Book C of Mortgages,page 256.Said A. P. Holdridge certifies that a certain mortgage dated Sept. 1, 1841,made and executed by Daniel A. Baldwin to said A. P. Holdridge and recorded
in the Recorder’s Office of Lake County, Illinois, in Book A of Mortgages, page 147, on Oct. 29, 1841, isfully paid, satisfied and discharged.Acknowledged July 21, 1847.
Daniel A. Baldwinand “Abby Ann, hiswife,”23toMarvin McNulty.
Warranty Deed, dated Oct. 14, 1846. Recorded Mch. 3, 1847, in Vol. Gof Deeds, page 230.Consideration $1,000.00Convey all the undivided half of land lying and being in Lake County, Illi-nois, known and designated by the U. S. survey as Section Number Twenty; theSouth half of Section 17 and the West half of the North West quarter of Sec.
17 and the East half of the North East quarter of Sec. 18 and the North half of the East half of the SouthEast quarter of Sec. 18. All in Tp. 43,—Range 10.—
(Signed)“D. A. Baldwin,“A. A. Baldwin,[seal.]”[seal.]”
Acknowledged Oct. 14, 1846.
Marvin McNulty,24toDaniel A. Baldwin.
Deed, dated March 23, 1848. Recorded Feby. 2, 1849, in Vol. K ofDeeds, page 251.Consideration $1,000.00Conveys the undivided half of land situated in Lake County, Illinois,
known and designated by the U. S. survey as Sec. 20. The South half of Secs. 17 and 18. The Westhalf of the North West quarter of Sec. 17, and the East half of the North East quarter of Sec. 18, and theNorth half of the East half of the South East quarter of Sec. 18. All in Township 43 and R. 10, it be-ing the same lands deeded by said Baldwin and wife to said McNulty, and he the said McNulty meaning
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and intending to reconvey his right, title and interest in and to the lands which he obtained by virtue ofsaid deed from said Baldwin and wife.Grantor covenants as to own acts only.
Witness,      Geo. W. Parsons.
Acknowledged March 24,1848, by “Geo. W. Parsons” under oath as subscribing witness of theexecution.
Seth Paine,—25toDaniel A. Baldwin.
Warranty Deed, dated Nov. 23, 1848. Recorded Dec. 9, 1848,in Vol. K ofDeeds, page 109.Consideration $100.00Grants, bargains, sells and confirms the following described real estate, to-wit:
The South West quarter of the North West quarter of Sec. 20, and the North East quarter of the SouthEast quarter of Sec. 18. All in Tp. 43, N. R. 10 East of the 3rd P. M., situated in Lake County, Ill.Acknowledged Nov. 23, 1848.
Daniel A. Baldwinand “Abby Ann, hiswife,”26toEugene Casserly.
Mortgage, dated Oct. 10, 1848. Recorded Dec. 11, 1848, in Book C ofMortgages, page 259.To secure payment of $750.00 on April 1, 1849.Convey all the undivided half part of land situated in Lake County, Illinois,known and designated on the U. S. survey as Section 20. The South half ofSec. 17. The West half of the North West quarter of Sec. 17 and the East half
of the North East quarter of Sec. 18 and the North half of the East half of the South East quarter of Sec-tion 18. All in Tp. 43 R. 10 East of the 3rd P. M., containing in all 1,200 acres of land more or less, andbeing the same premises heretofore patented by the U. S. in part to Daniel A. Baldwin and Seth Paineand in part to Seth Paine, and by said Paine subsequently conveyed “(half)” to said Daniel A. Baldwin.
Eugene Casserly,27toCharles P. Baldwin.
Assignment, (not dated.) Recorded July 21, 1855, in Book N of Mort-gages, page 593.Consideration $761.00Grants, bargains, sells, assigns, transfers and sets over a certain Mortgage
dated October 10, 1848, made by Daniel A. Baldwin and Abby Ann his wife, and recorded in the Recorder’sOffice of Lake County, Illinois, on Dec. 11, 1848, in Book C of Mortgages, page 259, together with the obli-gations therein described, and the money due and to grow due thereon.Acknowledged June 27, 1849.
Satisfaction28byCharles P. Baldwin,Assignee of EugeneCasserly.
On the margin of the record of Mortgage, recorded in Book C of Mortgagespage 259 and shown as No. 26 hereof, is written: “Satisfaction and discharge“hereof entered by me this 14th day of June, A. D. 1856.”“Charles P. Baldwin,“Assignee of Eugene Casserly.”
Satisfaction29byCharles P. Baldwin.
Dated July 16, 1855. Recorded July 21, 1855 in Book N of Mortgages,page 594.Said Charles P. Baldwin certifies that the Mortgage dated October 10, 1848,made and executed by Daniel A. Baldwin and Abby Ann, his wife, to Eugene
Casserly, to secure the payment of $750.00 on April 5, 1849, recorded in the Recorder’s Office of LakeCounty, Illinois, in Book C of Mortgages, page 259, on Dec. 11, 1848, and which mortgage was duly as-signed to said Charles P. Baldwin by said Casserly by Assignment dated Oct. 10, 1848, and recorded in theRecorder’s Office of said Lake County, and the bond accompanying said Mortgage are redeemed, paid off,satisfied and discharged.Acknowledged July 16, 1855.
Marvin McNulty30toWilliam A. Baldwin.
Power of Attorney, dated Sept. 24, “one thousand eight hundred seven.”Recorded Dec. 9, 1849, in Book C of Mortgages, page 256.Recites that first party is the owner of all the undivided half of land, sit-uated in Lake County, Illinois, known and designated by the U. S. survey, as
Sec. 20. The South half of Sec. 17 and the West half of the North West quarter of Sec. 17, and theEast half of the North East quarter of Sec. 18, and the North half of the East half of the South Eastquarter of Sec. 18. All in Tp. 43 —, R. 10 —. And, whereas, said McNulty desires to make division orpartition with the owners of the other undivided half of said land so that he may become the sole owner ofa part thereof in consideration of releasing his title and interest in the remainder thereof.Therefore constitutes and appoints second party his true and lawful attorney in his name, place andstead to negociate, agree and contract with the other owners of said premises for a division thereof afore-said, and upon such agreement being made by good and sufficient deed or deeds to convey all right, title,interest of first party in such portions of said premises as such other owners shall agree to accept in con-sideration of releasing and conveying to first party right, title and interest in the remaining portion ofsaid premises. Granting full power and authority to and ratifying all said Attorney may do about saidpremises.Acknowledged Sept. 27, 1847.
Marvin McNulty,(by William A.Baldwin, his attor-ney in fact),31toSeth Paine.
Warranty Deed. Dated Nov. 23, 1848. Recorded Dec. 9, 1848, in Vol.K of Deeds, page 106.Consideration $1,000.00Conveys all the following described land, to wit: All his right, title, inter-est, claim and demand in and to “his” undivided half of all that piece of landlying and being in Lake County, Illinois, described as follows: All that part ofSecs. 17, 18 and 20 in Tp. 43 —, R. 10 East of the 3rd P. M., described as fol-
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lows: Beginning at the South East corner of Sec. 20, and running North 159½ rods to center of the Sec-tion. Thence West to a stake 56 rods. Thence North 34 degrees, West 35 rods to the North line of theSouth West quarter of the North East quarter of Sec. 20, which point would be 50¾ rods from the NorthWest corner of the South West quarter of the North East quarter of Sec. 20. Thence North 34 degrees,West 30 rods. Thence North 50½ degrees, West 43½ rods to the West line of the North West quarter ofthe North East quarter of Sec. 23—North 50½ degrees West 24½ rods to a ceder stake, and thence North69 degrees, East to the North line of Sec. 23. Thence East 4 rods, 18 links to the center of Sec. 20.Thence North 48 degrees, East 13½ rods. Thence North 32 degrees, East 20 rods.North 43 degrees, East 22 rods. Thence North 7 degrees, East 30 rods. Thence North 66degrees, West 25 rods. Thence North 31 degrees, West 40 rods. Thence North 62 degrees, West 78rods to the North line of the South East quarter of the South West quarter of Sec. 17. Thence West tothe North West corner of the South East quarter of the South West quarter of Sec. 17. Thence South tothe South line of Sec. 20. Thence East to the South East corner of Sec. 20, to the place of beginning,(more particularly described as follows: The South East quarter and the East half of the South Westquarter of Sec. 20. Also the South West quarter of the South East quarter of Sec. 20, except 4 acresand 12 rods in the North East corner. Also the East half of the North West quarter of Sec. 20, except 2acres 96 rods in the North East corner together with 8 acres and 97 rods in the South West corner of theNorth West quarter of the North East quarter of Sec. 20. Also the South East quarter of the SouthWest quarter of Sec. 17, together with 14 acres of the West side of the South West quarter of the SouthEast quarter of Sec. 17 “as indicated by the timber.” Also two and qr. acres off the South West cornerof the North West quarter of the South East quarter of Sec. 17 as indicated by the timber. Also 7½ acresoff the South side of the North East quarter of the South West quarter of Sec. 17 “as indicated by thetimber.”) Also 5 acres of land to be taken off the West side of the North East quarter of the South Eastquarter of Sec. 18, to be divided by a North and South line running to the Lake. Also 10 acres off theWest side of the South East quarter of the North East quarter of Sec. 18. Also the North East quarter ofthe North East quarter of Sec. 18. Also the North West quarter of the North West quarter of Sec. 17,together with 3 acres of the North side of the South West quarter of the North West quarter of Sec. 17,“by an East & West line.’ Also the East half of all the land on the South West quarter of the NorthWest quarter of Sec. 20, to be divided by a North and South line running to the Lake so as to give eachan equal quantity of land. The amount of land conveyed is the undivided half of 535 acres of land with-out that portion of the pieces that run into the Lake “that portion not being recorded in.”
(Signed)“ Marvin McNulty,“By W. A. Baldwin, his attorney in fact.”[seal.]” 
Acknowledged (as signed) Nov. 23, 1848.On margin of record of above is written: “All that piece and parcel of land lying and being in the“County of Lake and State of Illinois, described as follows: all erased East to the South line of Section“Twenty-three East, erased of the North East quarter.”
Seth Paine andFrances, his wife,32toGeorge Coffingand John H. Cof-fing.
Mortgage. Dated Feby. 11, 1852. Recorded Mch. 29, 1852, in Book Iof Mortgages, page 64.Consideration $6,000.00To secure payment of the just and full sum of any bill of Exchange, Draftor note, made, drawn or accepted by the said Seth Paine for the purpose of bor-rowing money or for any pecuniary negotiations in behalf of said Seth Paine andwhich may be endorsed by said second parties or either of them for the accom-
modation of said Seth Paine, or which said second parties may otherwise become liable to pay for theaccommodation of said “Seth.” Designing hereby to include any and all negotiable paper heretofore orhereafter to be made of the above description until such time as second party shall release “this Mort-gage” and if said Seth Paine cause all such paper to be paid and save second party harmless, then thisDeed, as also such bills of exchange, drafts or notes shall be void. Otherwise to remain in full force.Conveys the following described land, situated in Lake County, Illinois, to wit: The North Eastquarter of the South East quarter of Sec. 21, Tp. 43 N., R. 10 East of the 3rd P. M. Also the farm ofsaid Seth Paine at Lake Zurich, situated in Sections 17, 18 and 20 of the “township aforesaid,” and beingthe same land deeded to said Seth Paine by Marvin McNulty (by William A. Baldwin, his Attorney infact) by deed dated Nov. 8, 1848, and recorded Dec. 9, 1848, in Lake County records of Deeds, Book K,page 106, reference being had to said Deed for a particular description of the premises, excepting, how-ever, from the land so deeded 112 acres heretofore conveyed by first party to other persons. There beingin said Lake Zurich farm (after deducting said 112 acres) 448 acres.Instrument contains full covenants of warranty.Acknowledged Febry. 12, 1852.
Seth Paine and“Frances, his wife,”33toWilliam Ainger.
Deed. Dated Sept. 20, 1851. Recorded July 2, 1852, in Vol. Q of Deeds,page 533.Consideration $125.00Grants and sells all right, title and interest in and to the following describedland lying in Tp. 43—R. 10 East—(with other property) 5 acres in the North
West quarter of the South West quarter of Sec. 17, bounded as follows, to-wit: Beginning South 40 rodsfrom the North East corner of said quarter quarter Section, thence South 20 rods, thence West 40 rods,thence North 20 rods, thence East to the place of starting.
Signature of one grantor is:“Frances Paine[seal.]”
Acknowledged Sept. 20, 1851.
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“Seth and FrancesPaine”34toRobert Miller.
Bond for Deed. Dated Sept. 20, 1851. Recorded July 2, 1852, in Book Iof Mortgages, page 254. Recites that Seth and Frances Paine have this daysold unto Robert Miller all their right, title and interest in and to the followingdescribed land lying in Lake County, Illinois, to-wit: (with other property)Also 5 acres in the North West corner of the South West quarter of Sec. 17,
bounded as follows: Commencing at the North East corner of said last mentioned tract, thence West 40rods, thence South 20 rods, thence East 40 rods, thence North to the place of beginning.The conditions of the sale are as follows, to-wit: Robert Miller agrees to pay said Paine $125.00within 3 years from this date according to the tenor of a note this day given by said Miller and also agreesto leave free and open forever, 2 rods in width off from and across the North end of the first above men-tioned tract of land as a public Highway and also agrees that he will retain the same tracts of land and useit as a Homestead and will not alienate the same during the 3 years aforesaid without consent of saidPaine. If said Miller complies with the above stipulations on his part the said Paines bind themselves togive said Miller a quit claim deed to the aforesaid lands.Signed by Seth Paine and Frances Paine.Acknowledged Sept. 20, 1851.
Seth Paine andFrances Paine35toRobert Miller.
Quit Claim Deed. (Not dated.) Recorded Oct. 7, 1854, in Vol. V ofDeeds, page 512.Recites that Seth Paine and Frances Paine did, Sept. 20, 1851, give aBond to Robert Miller conditioned that if said Miller would pay $125.00within three years from that date that they would quit claim to said Miller the
following land, to-wit: (with other property) 5 acres in the North West quarter of the South Westquarter of Section 17. All in Tp. 43—R. 10 East of the 3rd P. M., in Lake County, Illinois. Said lastmentioned tract being bounded as follows, to-wit: Commencing at the North East corner, thence West 40rods, thence South 20 rods, thence East 40 rods, thence North to the place of beginning. Also recitesthat said Miller has this day paid the said $125.00; therefore in consideration of said sum first parties here-by quit claim to said Miller all their right and title to said tracts of land.Acknowledged by Seth Paine and Frances Paine, his wife, Oct. 6, 1854.
“Seth and FrancesPaine”36toGeorge Young.
Agreement. Dated Sept. 20, 1851. Recorded Aug. 17, 1868, in Book 34of Mortgages, page 1. Recites that Seth and Frances Paine have this day soldGeorge Young all the right, title and interest in the following described landlying in Lake County, Illinois, described as follows, to-wit: In Tp. 43—R.10—the West half of the South East quarter of the South East quarter of Sec.
20 and 5 acres in the North West quarter of the South West quarter of Sec. 17, bounded as follows: Be-ginning on the East side 20 rods South of the North East corner, thence West 40 rods, thence South 20rods, thence East 40 rods, thence North to the place of beginning. The conditions of sale are as follows,to-wit: The said George Young agrees to pay said Paine $125.00 within three years from this date accord-ing to the tenor of a note this day given by said George Young. Also agrees to leave open as a PublicHighway forever 2 rods in width off from and across the North end of the first above mentioned tract ofland, and also that he will retain the same tracts of land and without alienation during the three years afore-said, unless by consent of said Paine. Now if said Young complies with the above stipulation on his partsaid Paines bind themselves to give to said Young a Quit Claim Deed to the aforesaid lands. Signed bySeth Paine and Frances Paine.Acknowledged by Seth Paine and Frances, his wife, Sept. 20, 1851.Appended is the following:“I hereby assign, transfer and set over to Seth Paine all my right, title and interest to the within“Bond. Given under my hand and seal this 2nd day of December, A. D. 1854.”
“George Young[seal.]”
“Seth and FrancesPaine”37toGeorge Young.
Bond for Deed. Dated Sept. 20, 1851. Recorded July 2, 1852, in Vol. Qof Deeds, page 534. Recites that Seth and Frances Paine have this day soldGeorge Young all the right, title and interest in the following described land,being in Lake County, Illinois, described as follows, to-wit: In Tp. 43—R. 10—the West half of the South East quarter of the South East quarter of Sec. 20
and 5 acres in the North West quarter of the South West quarter of Sec. 17, bounded as follows: Begin-ning on the East side 20 rods South of the North East corner, thence West 40 rods, thence South 20 rods,thence East 40 rods, thence North to the place of beginning.The conditions of sale are as follows, to-wit: The said George Young agrees to pay said Paine $125.within three years from this date according to the tenor of a note this day given by said George Young.Also agrees to leave free and open as a Public Highway 2 rods in width off from across the North end offirst above mentioned tract of land, and also that he will retain the same tracts of lands and without aliena-tion during the three years aforesaid, unless by consent of said Paine. Now if said Young complies withthe above stipulations on his part, said Paines bind themselves to give said Young a Quit Claim Deed tothe aforesaid lands. Signed by Seth Paine and Frances Paine.Acknowledged by Seth Paine and Frances, his wife, Sept. 20, 1851.
Seth Paine38toTimothy R. Young.
Deed in Trust. Dated July 25, 1853 Recorded July 28, 1853, in Vol. Rof Deeds, page 499.Consideration $10.00, &c.Conveys all the right, title, interest and estate in those several tracts of
land situated in Lake County, Illinois, of which said first party is in anywise seized in Secs. 17, 18, 19, 20and 21 in Tp. 43, N. R. 10 East, “&c,” and inasmuch as the more definite description by subdivisionsmetes and bounds cannot be certainly at this time ascertained, known and familiarly described as LakeZurich property of party of first part, being located on and contiguous to the body of water of that name in
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said County of Lake. In trust for the sole use and benefit of Frances Paine, wife of said Seth Paine, and thechildren of them born and surviving. Authorizing and confirming all things second party may do in thepremises for the benefit of said Frances Paine and her children by said Seth begotten.Acknowledged July 25, 1853.
Daniel A. Daldwinand “ Abby Ann, hiswife,”39toCharles J. Starr.
Deed. Dated June 21, 1849. Recorded July 23, 1849, Vol. L of Deeds,page 92.Consideration $4500.00Convey land situated in Lake County, Illinois, described as follows, to-wit:That part of Secs. 17, 18 and 20, Tp. 43—R. 10 East of the 3rd P. M., describedas follows: Beginning at the quarter Sec. stake 159½ rods North of the South
East corner of Sec. 20 and running West 56 rods, thence North 34 degrees West 95 rods to the North lineof the South West quarter of the North East quarter of Sec. 20, which point would be 50¾ rods from theNorth West corner of the South West quarter of the North East quarter of Sec. 20; thence North 34 de-grees West 30 rods; thence North 50½ degrees West 43½ rods to the West line of the North West quarterof the North East quarter of Sec. 20; thence North 50½ degrees West 24½ rods to a ceder stake and thenceNorth 69 degrees East to the North line of Sec. 20; thence East 4 rods 18 links to the center of Sec. 20;thence North 48 degrees East; 13½ rods thence North 32 degrees East 20 rods; thence North 43 degreesEast 22 rods; thence North 7 degrees East 30 rods; thence North 66 degrees West 25 rods; thence North31 degrees West 40 rods; thence North 62 degrees West 78 rods to the North line of the South Eastquarter of the South West quarter of Sec. 17; thence West to the North West corner of the South Eastquarter of the South West quarter of Sec. 17; thence South to the North line of Sec. 20; thence West tothe South West corner of Sec. 17; thence North to the North West corner of the North West quarter ofthe South West quarter of Sec. 17; thence East to the East line of Sec. 17; thence South to the South Eastcorner of the South East quarter of the North East quarter of Sec. 20 to the place of beginning (more par-ticularly described as follows: The East half of the North East quarter of Sec. 20 except 2 acres 71 rodsin the South West corner, together with 4 acres and 12 rods of the North East corner of the South Westquarter of the North East quarter of Sec. 20. Also the North West quarter of the North East quarter ofSec. 20, except 8 acres 97 rods off the South West corner. Also 2 acres and 96 rods (except 120 rods) inthe North East corner of the North East quarter of the North West quarter of Sec. 20. Also East half ofthe South East quarter of Sec. 17. Also West half of the South East quarter of Sec. 17 except 16¼ acresoff the West side “as indicated by timber.” Also the North East quarter of the South West quarter ofSec. 17, except 7½ acres off the South side “as indicated by timber.” Also the West half of the South Westquarter of Sec. 17.) Also 32 acres of land off the East side of the North East quarter of the South Eastquarter of Sec. 18. Also 30 acres off the East side of the South East quarter of the North East quarterof Sec. 18. Also the South West quarter of the North West quarter of Sec. 17, except 3 acres off theNorth side “to be divided by & East & West line.” Also the West half of the South West quarter ofSec. 20. Also the West half of the land on the Lake Shore on the South West quarter of the North Westquarter of Sec. 20, to be divided by a North and South line running to the Lake, so as to give each an equalquantity of the land.The amount of land conveyed is 535 acres of land without the portion of such pieces as run into theLake, that portion not being reckoned in.Subject to Mortgage for $750.00 executed by the said parties of the first part to Eugene Casserly,Oct. 10, 1848.Deed contains covenants of warranty as to acts of Daniel A. Baldwin.
(Signed)“D. A. Baldwin“A. A. Baldwin[seal.]”[seal.]”
Acknowledged by “ Daniel A. Baldwin and Abby Ann, his wife,” June 25, 1849.
Appended to record of above Deed is the following:
Marvin McNulty40toCharles J. Starr.
Deed. Dated June 6, 1849.Consideration $1.00Grant, bargain and sell, alien, remise, release and convey all right, title,interest, claim and demand in and to “the lands & property described in the
“foregoing Deed from Daniel A. Baldwin & wife to said Starr. It being the same property (undivided)“conveyed by said McNulty to said Baldwin by deed bearing date March 3d, 1848.”Signed, sealed and deliveredin presence of Charles Jones.Acknowledged by Charles Jones, subscribing witness, June 27, 1849, upon the oath of said witness.
Daniel A. Baldwinand “Abby Ann, hiswife,”41toCharles J. Starr.
Quit Claim Deed. Dated July 9, 1855. Recorded Aug. 4, 1855, in Vol.W. of Deeds, page 514.Consideration $1.00Remise, release and quit claim unto second party all the one undivided halfof certain land situated in Lake County, Illinois, known and designated by theU. S. survey as Sec. 20 and South half of Sec. 17 and West half of North West
quarter of Sec. 17, and the East half of the North East quarter of Sec. 18, and the North half of the Easthalf of the South East quarter of Sec. 18, Tp. 43 —, R. 10 —.
(Signed)“D. A. Baldwin,“A. A. Baldwin,[seal.]”[seal.]”
Acknowledged July 12, 1855.
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Charles J. Starrand “Sarah A., hiswife”42toI. Willard Fox.
Warranty Deed. Dated Apr. 13, 1857. Recorded Apr. 28, 1857, in Vol.27 of Deeds, page 228.Consideration $8,600.00Convey all those certain pieces of land situated in Lake County, Illinois,described as follows, to wit: That part of Secs. 17, 18 and 20 in Tp. 43 —,R. 10East of the 3rd P. M., described as follows, to wit: Beginning at the quarter
Sec. stake 159½ rods North of the South East corner of Sec. 20 and running West 56 rods; thence North34 degrees, West 95 rods to the North line of the South West quarter of the North East quarter of Sec.20, which point would be 50¾ rods from the North West corner of the South West quarter of the NorthEast quarter of Sec. 20; thence North 34 degrees, West 30 rods; thence North 50½ degrees, West 43½rods to the West line of the North West quarter of the North East quarter of Sec. 20; thence North 50½degrees, West 24½ rods to a ceder stake and thence North 69 degrees East to the North line of Sec. 20;thence East 4 rods, 18 links to the center of Sec. 20; thence North 48 degrees, East 13½ rods; thenceNorth 32 degrees, East 20 rods; thence North 43 degrees, East 22 rods; thence North 7 degrees, East30 rods; thence North 66 degrees, West 25 rods; thence North 31 degrees, West 40 rods; thence North62 degrees, West 78 rods to the North line of the South East quarter of the South West quarter of Sec. 17;thence West to the North West corner of the South East quarter of the South West quarter of Sec. 17;thence South to the North line of Sec. 20; thence West to the South West corner of Sec. 17; thence Northto the North West corner of the North West quarter of the South West quarter of Sec. 17; thence East tothe East line of Sec. 17; thence South to the South East corner of the South East quarter of the NorthEast quarter of Sec. 20 to the place of beginning, (more particularly described as follows: the East half ofthe North East quarter of Sec. 20, excepting 2 acres, 71 rods in the South West corner, together with 4acres and 12 rods off the North East corner of the South West quarter of the North East quarter of Sec. 20.Also the North West quarter of the North East quarter of Sec. 20, except 8 acres, 97 rods off the SouthWest corner. Also 2 acres and 96 rods (except 120 rods) in the North East corner of the North Eastquarter of the North West quarter of Sec. 20. Also the East half of the South East quarter of Sec. 17.Also the West half of the South East quarter of Sec. 17, except 16¼ acres off the West side “as indicatedby timber.” Also the North East quarter of the South West quarter of Sec. 17, except 7½ acres off theSouth side “as indicated by timber.” Also the West half of the South West quarter of Sec. 17.) Also 32acres of land off the East side of the North East quarter of the South East quarter of Sec. 18. Also 30acres off the East side of the South East quarter of the North East quarter of Sec. 18. Also the SouthWest quarter of the North West quarter of Sec. 17, except 3 acres off the North side to be divided by anEast & West line. Also the West half of the South West quarter of Sec. 20. Also the West half ofthe land on the Lake Shore on the South West quarter of the North West quarter of Sec. 20 to be equallydivided by a North and South line running to the Lake.The amount of land conveyed is supposed to be 535 acres of land, more or less. Intending to conveyto party of the second part the same premises conveyed to said Charles J. Starr by Daniel A. Baldwin andwife by deed dated June 21, 1849.Acknowledged April 16, 1857.
I. Willard Fox andEleanor, his wife,43toCharles J. Starr.
Mortgage. Dated April 13, 1857. Recorded May 4, 1857, in Book P ofMortgages, page 472.To secure the payment of $8,600.00, maturing Jany. 1, 1861, with interestat seven per cent.Convey land situated in Lake County, Illinois, described as follows, to wit: That
part of Secs. 17, 18 and 20 in Tp. 43 —, R. 10 East of the 3rd P. M. described as follows: Beginning at thequarter Sec. stake 159½ rods North of the South East corner of Sec. 20, and running West 56 rods; thenceNorth 34 degrees, West 95 rods to the North line of the South West quarter of the North East quarterof Sec. 20, which point would be 50¾ rods from the North West corner of the South Westquarter of the North East quarter of Sec. 20; thence North 34 degrees, West 30 rods; thence North50½ degrees, West 43½ rods to the West line of the North West quarter of the North Eastquarter of Sec. 20; thence North 50½ degrees, West 24½ rods to a ceder stake and thence North69 degrees, East to the North line of Sec. 20; thence East 4 rods, 18 links to the center ofSec. 20; thence North 48 degrees, East 13½ rods; thence North 32 degrees, East 20 rods; thenceNorth 43 degrees, East 22 rods; thence North 7 degrees, East 30 rods; thence North 66 degrees, West 25rods; thence North 31 degrees, West 40 rods; thence North 62 degrees, West 78 rods to the North line ofthe South East quarter of the South West quarter of Sec. 17; thence West to the North West corner ofthe South East quarter of the South West quarter of Sec. 17; thence South to the North line of Sec. 20;thence West to the South West corner of Sec. 17; thence North to the North West corner of the NorthWest quarter of the South West quarter of Sec. 17; thence East to the East line of Sec. 17; then South tothe South East corner of the South East quarter of the North East quarter of Sec. 20 to the place of be-ginning, (more particularly described as follows: The East half of the North East quarter of Sec. 20,except 2 acres, 71 rods in the South West corner, together with 4 acres and 12 rods off the North Eastcorner of the South West quarter of the North East quarter of Sec. 20. Also the North West quarter ofthe North East quarter of Sec. 20, excepting 8 acres, 97 rods off the South West corner. Also 2 acres and96 rods (except 120 rods) in the North East corner of the North East quarter of the North West quarterof Sec. 20. Also the East half of the South East quarter of Sec. 17. Also the West half of the SouthEast quarter of Sec. 17, except 16¼ acres off the West side “as indicated by timber.” Also the NorthEast quarter of the South West quarter of Sec. 17, except 7½ acres off the South side “as indicated bytimber.” Also the West half of the South West quarter of Sec. 17.) Also 32 acres of land off the Eastside of the North East quarter of the South East quarter of Sec. 18. Also 30 acres off the East side ofthe South East quarter of the North East quarter of Sec. 18. Also the South West quarter of the NorthWest quarter of Sec. 17, except 3 acres off the North side to be divided by an East & West line. Alsothe West half of the South West quarter of Sec. 20. Also the West half of the land on the Lake shore onthe South West quarter of the North West quarter of Sec. 20 to be equally divided by a North and South
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line, running to the Lake, and being the same premises conveyed to said I. Willard Fox, party of the firstpart, by deed of even date herewith, and this mortgage being given to secure the purchase money therefor.
Charles J. Starr44toI. Willard Fox.
Release Deed. Dated Dec. 28, 1869. Recorded Jany. 10, 1870, in Book34 of Mortgages, page 345.Consideration $1.00 &c.Charles J. Starr, complainant in cause in Circuit Court of the U. S., North-
ern District of Illinois, entitled Charles J. Starr vs. I. Willard Fox and Eleanor Fox, acknowledges pay-ment in full of the decree and costs in said cause and payment and satisfaction in full of the Mortgageforeclosed in said cause, to wit: A mortgage, dated April 13, 1857, executed by the above named defend-ants, and recorded in the Recorder’s Office of Lake County, Illinois, in Book P of Mortgages, page 472,and hereby releases to said I. Willard Fox, all right, title and interest acquired under and by virtue of saidMortgage or under and by virtue of the decree or other proceedings had in said cause.
(Signed)“ Chas. J. Starr,[seal.]”
Acknowledged Dec. 28, 1869.
Isaac Willard Foxand Eleanor, hiswife,45toSamuel H. Fox andHenry W. Fox.
Mortgage. Dated Jany. 1, 1863. Recorded June 24, 1863, Book S ofMortgages, page 441.To secure payment of $15000.00 according to the conditions of a certainBond of even date herewith in penal sum of $30000.00.Convey the following described land situated in Lake County, Illinois, to-wit: That part of Secs. 17 and 20, Tp. 43, N. R. 10 East of the 3rd P. M. Be-ginning at quarter Sec. stake 159½ rods North of the South East corner of Sec.
20 and running West 56 rods, thence North 34 degrees West 95 rods to the North line of the South Westquarter of the North East quarter of said Sec. 20, which point would be 50¾ rods from the North Westcorner of the South West quarter of the North East quarter of Sec. 20; thence North 34 degrees West 30rods, thence North 50½ degrees West 17 chains, 17½ links; thence North 69 degrees East 13 chains 34 links;thence North 22 degrees East 16 chains; thence North 66½ degrees West 4 chains 15 links; thence North66 degrees West 25 rods; thence North 31 degrees West 40 rods; thence South 62 degrees West 78 rods tothe North line of the South East quarter of the South West quarter of Sec. 17; thence West to the NorthWest corner of the South East quarter of the South West quarter of said Sec. 17; thence South to theNorth line of Sec. 20- thence West to the South West corner of Sec. 17; thence North to the North Westcorner of the North West quarter of the South West quarter of Sec. 17; thence East to the East line ofSec. 17; thence South to the South East corner of the South East quarter of the North East quarter of Sec.20 to the place of beginning.
Satisfaction46bySamuel H. Fox andHenry W. Fox.
Dated Oct. 4, 1869. Recorded Oct. 8, 1869, in Book 34 of Mortgagespage 262.Consn. $1.00 &c.Said Samuel H. Fox and Henry W. Fox certify that a Mortgage datedJany. 1, 1863, made by J. Willard Fox and wife, and recorded in the Recorder’sOffice of Lake County, Illinois, in Book S of Mortgages, page 441, on June 24,1863, is redeemed, paid off, satisfied and discharged.Acknowledged Oct. 4, 1868.
(For Reference only.)
Isaac Willard Foxand Eleanor, hiswife,47toTrustees of Schools ofT. 43, N. R. 10 E.
Warranty Deed. Dated Feby. 7, 1865. Recorded May 22, 1865, Vol. 38of Deeds, page 305.Consideration $5.00.Convey the following described land situated in Lake County, Illinois, to-wit: Commencing 4 chains 85 links East of the North West corner of theNorth East quarter of Sec. 20, Tp. 43, N. R. 10 East of the 3rd P. M., at a stakeand stones. Thence East 3 chains 16 links, thence South 3 chains 17 links,
thence West 3 chains 16 links, thence North 3 chains 17 links to the place of beginning.The above described premises are conveyed to second party herein for the use and benefit of SchoolDistrict No. 13 of said Tp. as a School House site and also for the use of the inhabitants of said Tp. atlarge for the use of a site for a Town House. Being expressly understood that second party is to buildand keep in repair a good and substantial fence around said premises. And it is expressly understood bythe parties hereto that in case said premises should at any future time cease to be used for the purposeaforesaid, then said premises to revert to party of first part herein.Acknowledged April 25, 1865.
In Circuit Court of Lake County, Illinois.
Isaac Willard Fox48vs.Seth Paine.
Trespass and ejectment. Feby. 14, 1866 (Circuit Court Record H,page 518.)Come said parties by their respective Attorneys and file an agreement here-in by which it is agreed that Judgment be entered in said cause for said
plaintiff that he have and recover possession of the premises described in his declaration herein.It is therefore ordered that said plaintiff have and recover of said defendant possession of the prem-ises mentioned in said plaintiff’s declaration herein and described as follows, to-wit: Commencing at thequarter Sec. stake 159½ rods North of the South East corner of Sec. 20, Tp. 43, N. R. 10 East of the 3rdP. M., running thence West 56 rods, thence North 34 degrees West 95 rods to the North line of the SouthWest quarter of the North East quarter of said Sec. 20, which point would be 50¾ rods from the NorthWest corner of the South West quarter of the North East quarter of said Sec. 20; thence North 34 degreesWest 30 rods; thence North 50½ degrees West 43½ rods to the West line of the North West quarter of theNorth East quarter of said Sec. 20; thence North 50½ degrees West 3080 rods to a cedar stake; thence North
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69 degrees East to the North line of Sec. 20; thence East 4 rods 18 links to the North East corner of theNorth West quarter of Sec. 20; thence North 48 degrees East 13½ rods; thence North 32 degrees East 20rods; thence North 43 degrees East 22 rods; thence North 7 degrees East 30 rods; thence North 66 de-grees West 25 rods; thence North 31 degrees West 40 rods; thence South 62 degrees West 78 rods to theNorth line of the South East quarter of the South West quarter of Sec. 17 in Tp. and Range “aforesaid.”Thence West to the North West corner of the South East quarter of the South West quarter of said Sec.17; thence South to the North line of the aforesaid Sec. 20; thence West to the South West corner ofsaid Sec. 17; thence North to the North West corner of the North West quarter of the South West quarterof said Sec. 17; thence East to the East line of said Sec. 17; thence South to the South East corner of the“south east east quarter” of the North East quarter of said Sec. 20 to the place of beginning. All in Tp.43, N. R. 10 East—in Lake County, Illinois.Further ordered that said “plaintiff’s writ directed to the Sheriff of this County” commanding him todeliver to said plaintiff possession of said premises according to the estate mentioned in saiddeclaration.And in terms of said agreement it is ordered that said plaintiff pay the costs of this suit.It is therefore ordered that said defendant have and recover of said plaintiff his costs and charges byhim in this behalf expended, and that he have execution therefor.
In Circuit Court of Lake County, Illinois.
Seth Paine, Jr., Wil-liam Paine49vs.Fanny Paine, Liz-zie Paine, Phime-lia Paine, MinniePaine, TimothyR. Young, SethPaine, Senior, JohnRobertson, DavidHarrower, JohnWilson, AndrewMcKenzie, JohnPowell, GeorgeYoung, RobertMiller, AlexanderB. Cummings, Alex-ander Drysdale,William Ainger,James Walker,John H. Coffing,George Coffing.
In Chancery.Bill filed March 27, 1868.Represents (inter alia) that on July 5, 1853, Seth Paine, the father of ora-tors, executed a conveyance and delivered to Timothy R. Young, recorded in theRecorder’s Office of Lake County, Illinois, in Book R of Deeds, page 499.(Copy attached to bill.) That orators are two of the children of said FrancesPaine and Seth Paine for whose use and benefit said deed of trust was executed,and that Fanny Paine, aged about 15 years, and Lizzie Paine, aged about 13years, and orators are the sole remaining children living of said Frances and SethPaine.That Charles Paine, late of Lake County, Illinois, now deceased, was a sonof said Frances and Seth Paine living at the time of the execution of said Deedof trust and died in Sept., 1865, leaving him surviving Phimelia Paine, hiswidow, and infant child named Minnie Paine “now” of tender years, his soleheirs at law and personal representatives. That said Frances Paine died aboutApril, 1858, intestate, leaving children her surviving issue of her marriage withsaid Seth Paine: Seth Paine, Jr., now aged about 23 years. William Paine,aged 22 years “(orators herein).” Fanny Paine, aged about 15 years, LizziePaine, aged about 13 years and Charles Paine, since deceased. That at the deathof said mother, Frances Paine, orators and said Fanny and Lizzie were of tenderyears, and unable to contribute to their support in any degree, and for the pur-pose of educating said children the family removed to Chicago.That the real estate mentioned in said Deed of Trust is farming land in
Lake County, Illinois, a large part of which is unimproved. That orators and the children of FrancesPaine are unable to carry on said farm and obtain a support therefrom. That they have not been able torent said premises for enough to pay taxes thereon. That said premises and buildings are going towaste and decay, &c., and said lands have been sold for taxes, &c. That Seth Paine, the father of saidchildren, has no means to support them.That Timothy R. Young has long since resigned his trust and neglects and refuses to perform theduties thereof in any way, and that he resigned said trust in writing to the Circuit Court of Lake County,Illinois, and in the lifetime of said Frances Paine and at her special request the Judge of said Court ac-cepted such resignation and appointed in place of said Young as such trustee, Seth Paine, the husband ofFrances Paine, who accepted said trust and entered upon the duties thereof and therefrom to the presenthas acted as such trustee under said deed, but that no record of the resignation of Timothy R. Young orthe appointment of Seth Paine as trustee appears in Lake County, Illinois.That after the resignation of said Timothy R. Young and the appointment of Seth Paine as trustee,and in the lifetime of Frances Paine and at her instance and request and with intent to carry out the objectsof said trust and support said Frances Paine and said children and pay taxes and repairs on said estate saidSeth Paine did from time to time sell and convey a part of said lands in said Deed of Trust mentioned toone John Robertson, &c., (describing land not now in question.) Also recites conveyances to various par-ties of lands not now in question.That on Sept. 20, 1851, said Seth Paine and Frances Paine, his wife, did by deed of that date conveyto William Ainger for the consideration of $125.00 (land not here in question) and five acres in theNorth West quarter of the South West quarter of Sec. 17, Tp. 43 N., R. 10 East of the 3rd P. M.,bounded and described as follows: Beginning 40 rods South from the North East corner of said quarterof quarter Sec., thence South 20 rods, thence West 40 rods, thence North 20 rods, thence East to begin-ning, which Deed was recorded in the Recorder’s Office of Lake County, Illinois. That after the makingof said conveyance to said Ainger, and within a few months thereafter, said Ainger resold said lands to saidSeth Paine and received his pay in full therefor, and executed, acknowledged and delivered to said SethPaine a Deed therefor and surrendered said premises to said Paine. That said deed is lost and not re-corded.That on Sept. 20, 1851, Seth Paine executed an agreement in writing to convey to George Young(property not in question) and five acres in the North West quarter of the South West quarter of Sec. 17,Tp. 43 N., R. 10 East of the 3d P. M., “particularly described in said Agreement;” said agreement wasrecorded in said Lake County, Illinois. That within one year thereafter said George Young resold saidland to Seth Paine and received his pay therefor in full and surrendered to said Paine said Agreement tobe canceled and destroyed, and same was destroyed with intent to place the legal and equitable title to saidlands in said Paine.
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That on Oct. 6, 1854, said Seth Paine and Frances Paine by deed of that date conveyed to RobertMiller (with other property not in question) the following: Commencing at the North East corner of theNorth West quarter of the South West quarter of Sec. 17, Tp. 43, N. R. 10, East of the 3d P. M., thenceWest 40 rods, thence South 20 rods, thence East 40 rods, thence North to the place of beginning. Thatsaid deed was recorded in the Recorder’s Office of Lake County, Illinois. That in the Spring or Summerof 1855, Robert Miller resold and reconveyed said lands back to said Seth Paine for a price in money thenagreed upon and paid by said Seth Paine to said Miller therefor, and said Miller did reconvey in due formof law said lands to said Seth Paine, that the deed of reconveyance is lost and not recorded, but the posses-sion of said premises was delivered to said Paine by said Miller.That on Nov. 3, 1863, said Seth Paine as trustee sold and conveyed a small tract of land to HarlowWhitney for $75.00 Deed recorded in Vol. 35 of Deeds, page 390, and also sold a small piece to I. WillardFox for $60.00 by Deed dated April 18, 1866, recorded in Vol. 39 of Deeds, page 360, which sales weremade for all the land was worth and the money was paid and expended for the use and benefit of the chil-dren of said Frances Paine and Seth Paine.That said Seth Paine entered into an arrangement with George Coffing and John H. Coffing wherebysaid Coffings agreed to endorse for said Paine certain Notes and bills of Exchange to a limited amountfrom time to time as requested by said Paine, and to secure said Coffings against loss thereby said SethPaine and Frances Paine, his wife, did Feby. 11, 1852, execute and deliver a Mortgage to said George andJohn H. Coffing for the consideration expressed in said Mortgage of $6,000.00 but in fact for no otherconsideration than to indemnify said Coffings from liabilities aforesaid, &c., which Mortgage is recorded inBook J of Mortgages, page 64. That said Paine settled all liabilities incurred and satisfied and dis-charged each and every liability had, caused or taken by said Coffings or either of them under said Mort-gage or contemplated therein, and all was paid more than fifteen years before the filing of “this” bill andsaid Coffings though requested, neglected to release said Mortgage of record, &c.Prays that the Court will appoint and declare Seth Paine trustee in place of said Timothy R. Young,who has resigned, or some other suitable person to act as such trustee, &c., and authorize such trustee toact in the premises and sell said lands in said Trust Deed mentioned and described.And that the said sale and conveyance of a portion of said lands heretofore made by said Seth Paineas trustee to John Robertson be declared effectual, &c., and that the said several conveyances and agree-ments to convey land from said Seth and Frances Paine, hereinbefore mentioned, to David Harrower, JohnWilson, George Young, Robert Miller, William Ainger et al. be set aside and declared inoperative andvoid and further held for naught. And that the Mortgage by said Seth Paine to said John H. Coffing andGeorge Coffing be declared fully paid, canceled and discharged and no longer a lien on said lands andthat the cloud upon the title to said lands created by said last two mentioned conveyances and agreementsto convey and Mortgage be removed. That the title to said lands and each parcel thereof be declared tobe in said persons and parties for whom said trust was created except as to the lands sold to said Robert-son. Also contains general prayer for relief and prays summons, &c.Summons to Lake County. Returned showing personal service on Seth Paine, March 27, 1868; JohnRobertson, April 25, 1868.Summons to Lake County. Returned showing personal service on Phemelia Paine and MinniePaine, May 21, 1868.Summons to Lake County. Returned showing personal service on Seth Paine, Lizzie Paine andFanny Paine, May 21, 1868.June 2, 1868. Certificate of James Y. Cory, editor and publisher of the “Waukegan Gazette,” a pub-lic newspaper printed and published at Waukegan, Lake County, Illinois, filed, that “annexed” notice tonon-residents was published four weeks successively in said paper: The first publication being on March28, 1868, and the fourth on April 18th.—June 2, 1868. Timothy R. Young, one of above named defendants, waives service of process and entershis appearance in “this” cause and says: That he admits the matters and things therein alleged and believesthe same to be true.June 2, 1868, (Circuit Court Record I, page 183.) Come Complainants and on their motion it appear-ing that above named defendants, Fannie Paine, Lizzie Paine and Minnie Paine are infants, it is orderedthat Francis E. Clarke be and he is hereby appointed Guardian ad litem for said infant defendants. Andit also appearing that due publication of notice of pendency of suit has been made to Defendants TimothyR. Young, David Harrower, John Wilson, Andrew McKenzie, John Powell, George Young, Robert Miller,Alexander B. Cummings, Alexander Drysdale, William Ainger, James Walker, George Coffing, and John H.Coffing, and that the other above named defendants have been personally served with process herein, it isordered that said adult defendants plead herein. And being each three times called come not nor any onefor them, but herein fail and make default and not having plead, answered or demurred to said bill of Com-plaint it is ordered that the said bill of Complaint be and the same is hereby taken for confessed by saidadult defendants, and the answers of said infant defendants by their Guardian ad litem having been filedherein it is ordered that it be referred to Francis E. Clarke, Master in Chancery, to take proofs of all thematerial facts and allegations in said bill of Complaint, and that he report the same to “ this ” Court. Re-port of Master filed June 8, 1868.Decree. (Circuit Court Record I, page 230.) June 13, 1868. Cause coming on to be heard on billof Complaint herein, and the answer of Timothy R. Young and Francis E. Clarke, Guardian ad litem forFanny Paine, Lizzie Paine and Minnie Paine, infant defendants herein, and replication thereto and takenas confessed by all the other defendants and upon testimony taken by the Master and filed herein and uponexhibits filed and upon testimony in open Court.And the Court does therefore find that all the defendants have had due and legal notice of this proceed-ing by personal service of process in this cause and by publication of notice of the pendency hereof accord-ing to the Statute.Also finds the execution of the Deed in Trust by Seth Paine to Timothy R. Young as Trustee, &c., asin bill alleged. And that Fanny Paine and Lizzie Paine are the sole surviving children of said SethPaine and Frances Paine. That Charles Paine, now deceased, was a son of said Seth and Frances Paineand that he died in 1865 leaving him surviving Phimelia Paine, his widow and an infant child named Min-
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nie Paine, his sole heir at law. That Frances Paine died in April, 1858, intestate leaving issue of her mar-riage with Seth Paine, Charles Paine, (now dead,) Seth Paine, Jr., William Paine, Fanny Paine and LizziePaine.That the monies derived from said lands have not been sufficient to pay taxes, and repairs and affordany assistance in the support of the children for whose benefit said Deed in Trust was made. That thechildren of said Seth and Frances Paine have no means aside from said lands in said Deed and are in needof money to support and educate themselves, and said real estate affords no income and is a burden and tax,and have been sold for taxes.That said Timothy R. Young renounced his trust in 1856, and the Judge of the Lake County CircuitCourt appointed Seth Paine trustee in his place, and from then to the preset time said Seth Paine has beenand now is the legal trustee of said estate. That no power of sale was contained in said Deed in Trust.That said Seth Paine did from time to time during his said Trusteeship, sell and convey portions of saidtrust estate and received the money arising from said sale; that said sales were made in good faith and forfull value of the land sold and the monies arising therefrom was used by said trustee in the support of saidchildren of said Frances and Seth Paine and were properly and judicially expended. That said lands so soldwere designated and described as follows: To John Robertson by Deed dated October 4, 1856. Also re-cites other deeds of land not in question. To Harlow Whitney by deed dated Nov. 3, 1863, recorded inVol. 35 of Deeds, pages 390 and 391. To John Meyer “one-half of an acre of land” situated in the NorthEast quarter of the North West quarter of Sec. 20, Tp. 43, N. R. 10 East of the 3d P. M., “being thesame premises upon which his said Meyers house and shop are situated.”That the title to said land is clouded of record by incumbrances, deeds and mortgages, which in factare no liens thereon and which ought to be discharged of record.That about Sept. 20, 1851, said Seth Paine and Frances Paine by deed conveyed to one William Ain-ger the following: (with other property) describing same land as in said deed to Ainger, for considerationof $125.00, and that said Ainger not having the money at the time paid nothing therefor, but obtainedsaid deed and placed the same on record and never paid said consideration, and that said conveyance isvoid, that within a few months therefrom said Ainger executed and delivered to said Seth Paine a QuitClaim Deed of said lands as in the bill set forth.That on Sept. 20, 1851, Seth Paine made and executed an agreement in writing to convey to GeorgeYoung the following: (describes land as in said agreement,) which agreement was recorded. That onDec. 2, 1854, under his hand and seal, said Young, for a full consideration, did in writing on the back ofsaid contract, sell, assign, transfer and set over to Seth Paine all of said Young’s title and interest to saidbond and lands therein and did in fact reinvest the title thereto in said Seth Paine as fully as if said bondhad never been made, and said bond ought to be held as void and of no further effect.That about Oct. 6, 1854, said Seth Paine and wife by deed conveyed to Robert Miller the following:(same as in said deed) which deed was recorded. That nothing was ever paid or given therefor as con-sideration, and in the spring of 1853 said Robert Miller by Quit Claim Deed made and executed, did con-vey said lands back to said Seth Paine, and said lands have been in the possession of said Paine ever sincein his own right and as trustee, and as such owner said Seth Paine ought to be held and treated as in saidbill alleged.That about Febry. 11, 1852, said Seth Paine and wife did convey in Mortgage to George Coffing andJohn H. Coffing the following lands with other property, (describing same) which Mortgage was recordedin Lake County, Illinois. That in Oct., 1852, the liabilities in and by said Mortgage secured were eachand all fully paid, satisfied and discharged, and said Mortgage ought to be canceled and discharged ofrecord.Therefore ordered, adjudged and decreed that the surviving children of Frances and Seth Paine, at thetime of the death of said Frances Paine, were Charles Paine, Seth Paine, Jr., William Paine, Fanny Paineand Lizzie Paine. That Charles Paine died in 1865, leaving as his heirs and representatives his widow,Phimelia Paine, and an infant daughter, Minnie Paine, and that said widow and Minnie Paine as one party,and Seth Paine, Jr., William Paine, Fanny Paine and Lizzie Paine are the children and survivors of thechildren of Frances and Seth Paine, and each are entitled to one-fifth part of the lands described in saidDeed in Trust. That said Seth Paine was legally appointed trustee of said property and effects in place ofTimothy R. Young.That there is due Seth Paine $4,000.00 out of said estate above all sums received by him from saidtrust estate (for money used to support said children) and upon sale of said trust property, said sum bepaid to said Paine.That each and every of the several tracts of land hereinbefore mentioned which has been sold by SethPaine or Seth Paine and wife to Harlow Whitney, Isaac Willard Fox, John Meyer and Robertson arehereby declared good, valid and effectual, &c.That the several Deeds of Conveyance by said Seth Paine and wife and recorded in Vol K. of Deeds,page 375, is, and has been since the making thereof, void and of no force.That the Deeds of Conveyance to William Ainger, recorded in Vol. I of Deeds, page 533, is, and hasbeen since the making thereof, void and of no force or effect, and the title in said lands is hereby declaredand decreed to be in said Seth Paine, with like force as if said Deed had never been made.That the contract of conveyance to George Young, recorded in Vol. I of Deeds, page 534, is, and hasbeen since the making thereof, void, &c., and the title to the lands therein described is decreed to be insaid Seth Paine.That the land described in Deed to Robert Miller, recorded in Vol. V of Deeds, page 512, was recon-veyed to said Paine by said Miller by Deed in the spring of 1855, and that the title to the lands therein isdecreed to be in said Paine as fully as if said Deed to said Miller had not been made.That the Deed of Mortgage by said Paine and wife to George Coffing and John H. Coffing, recordedin Book I of Mortgages, page 64, and the several sums of money and indebtedness thereby secured wasin Oct., 1852, fully paid and satisfied and ought to be discharged of record, and the same is hereby de-clared satisfied and of no further effect. That the legal and equitable title of all of the lands in the bill ofcomplaint described are hereby declared to be in said Seth Paine as trustee for the use and benefit of theseveral parties in interest herein “(except the lands conveyed to John Robertson and others as hereinbefore
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set forth)” free from incumbrance, clouds and defects caused by anything in said bill of complaint setforth as completely as if herein specifically set forth.Also decrees the sale of lands not now in question.
I. Willard Fox and“Eleanor, his wife,”50toSamuel H. Fox.
Deed. Dated Feby. 20, 1869. Recorded Feby. 25, 1869, in Vol. 43 ofDeeds, page 200.Consideration $50,000.00.Conveys the following described land situate in Lake County, Illinois,to wit: That part of Sections 17, 18 & 20, T. 43 N., R. 10 E. of 3rd P. M.,
described as follows: Beginning at the quarter section stake 159½ rods North of South East corner ofSection 20, and running West 56 rods. Thence North 34°, West 95 rods to North line of S. W. ¼, N. E.¼ Sec. 20, which point would be 50¾ rods from North West corner of S. W. ¼ of N. W. ¼ Sec. 20. ThenceNorth 34°, West 30 rods. Thence North 50½°, West 43½ rods to West line N. W. ¼, N. E. ¼ Sec. 20.Thence North 50½°, West 24½ rods to a ceder stake. Thence North 69°, East to North line of Sec. 20.Thence East 4 rods, 18 links to center of Sec. 20. Thence North 48°, East 13½ rods. Thence North 32°,East 20 rods. Thence North 43°, East 22 rods. Thence North 7°, East 30 rods. Thence North 66°,West 25 rods. Thence North 31°, West 40 rods. Thence North 62°, West 78 rods to North line of S. E.¼, S. W. ¼ Sec. 17. Thence West to North West corner of S. E. ¼, S. W. ¼ Sec. 17. Thence South toNorth line of Sec. 20. Thence West to South West corner Sec. 17. Thence North to North West cornerN. W. ¼, S. W. ¼, Sec. 17. Thence East to East line Sec. 17. Thence South to South East corner, S. E.¼, N. E. ¼ Sec. 20 to the place of beginning. More particularly described as follows: The E. ½, N. E. ¼Sec. 20, except two acres, 71 rods in South West corner, together with four acres & 12 rods of the NorthEast corner of S. W. ¼, N. E. ¼ Sec. 20. Also the N. W. ¼, N. E. ¼ Sec. 20, except 8 acres, 97 rods, offthe South West corner. Also two acres & 96 rods, (except 120 rods) in North East corner, N. E. ¼. N.W. ¼ Sec. 20. Also E. ½, S. E. ¼ Sec. 17. Also W. ½, S. E ¼ Sec. 17 (except 16¼ acres off West side“as indicated by timber.” Also the N. E. ¼, S. W. ¼ Sec. 17, (except 7½ acres off the South side “asindicated by timber.”) Also the W. ½, S. W. ¼ of Sec. 17. Also 32 acres of land off East side, N. E. ¼,S. E. ¼ Sec. 18. Also 30 acres off East side S. E. ¼, N. E. ¼ Sec. 18. Also the S. W. ¼, N. W. ¼ Sec. 17,except 3 acres off North side to be divided by an East & West line. Also the W. ½, S. W. ¼ Sec. 20.Also the W. ½ of the land on the Lake Shore on the S. W. ¼, N. W. ¼ Sec. 20, to be equally divided by aNorth & South line running to the Lake. The amount of land conveyed is supposed to be 535 acres ofland, more or less. Intending to convey the same premises conveyed to one Charles J. Starr, by DanielA. Baldwin & wife by deed dated June 21, 1849. Excepting & reserving from above granted premisessuch portions thereof as said party of first part may have previously sold or agreed to sell to Allen Jones,John Myers, John Guirich and Fick, Martin & Myers, and one acre sold for town & School purposes.Homestead rights waived. Acknowledged Feby. 20, 1869.
Samuel H. Fox andEmma B., his wife,51toHoratio G. Spafford.
Trust Deed. Dated March 26, 1870. Recorded April 7, 1870, in Book 34of Mortgages, on page 414.To secure payment of his note of even date herewith, payable to the CentralCity Savings Institution or order on Jany. 1, 1872, for $12,000.00.Conveys land situate in Lake County, Ills., and described as follows, to wit:
That part of Sections 17, 18 & 20, T. 43 N., R. 10 East of 3rd P. M., described as follows: Beginning atthe quarter section stake 159½ rods North of South East corner of Sec. 20, & running West 56 rods.Thence North 34°, West 95 rods to North line S. W. ¼, N. E. ¼ Sec. 20, which point would be 50¾ rodsfrom North West corner S. W. ¼, N. E. ¼ Sec. 20. Thence North 34°, West 30 rods. Thence North50½°, West 43½ rods to West line, N. W. ¼, N. E. ¼ Sec. 20. Thence North 50½°, W. 24½ rods to a cederstake. Thence North 69°, East to North line of Sec. 20. Thence East 4 rods, 18 links to center of Sec.20. Thence North 48°, East 13½ rods. Thence North 32°, East 20 rods. Thence North 43°, East 22rods. Thence North 7°, East 30 rods. Thence North 66°, West 25 rods. Thence North 31°, West 40rods. Thence North 62°, West 78 rods to North line S. E. ¼, S. W. ¼ Sec. 17. Thence West to NorthWest corner S. E. ¼, S. W. ¼ Sec. 17. Thence South to North line Sec. 20. Thence West to South Westcorner Sec. 17. Thence North to North West corner N. W. ¼, S. W. ¼ Sec. 17. Thence East to Eastline Sec. 17. Thence South to South East corner S. E. ¼, N. E. ¼, Sec. 20 to the place of beginning,more particularly described as follows: The E. ½, N. E. ¼ Sec. 20, except two acres, 71 rods in SouthWest corner, together with 4 acres & 12 rods of the North East corner S. W. ¼, N. E. ¼ Sec. 20. Alsothe N. W. ¼, N. E. ¼ Sec. 20, except 8 acres, 97 rods off the South West corner. Also 2 acres & 96 rods,(except 120 rods) in North East corner N. E. ¼, N. W. ¼ Sec. 20. Also E. ½, S. E. ¼ Sec. 17. Also W. ½,S. E. ¼ Sec. 17, (except 16¼ acres off West side) “as indicated by timber.” Also the N. E. ¼, S. W. ¼Sec. 17, (except 7½ acres off the South side “as indicated by timber.”) Also the W. ½, S. W. ¼ Sec. 17.Also 32 acres of land off the East side N. E. ¼, S. E. ¼ Sec. 18. Also 30 acres off the East side S. E. ¼,N. E. ¼ Sec. 18. Also the S. W. ¼, N. W. ¼ Sec. 17, except 3 acres off North side, to be divided by an East& West line. Also the W. ½, S. W. ¼ Sec. 20. Also the W. ½ of the land on the Lake Shore on the S.W. ¼, N. W. ¼ Sec. 20, to be equally divided by a North & South line running to the Lake. The amountof land conveyed is supposed to be 535 acres of land, more or less. Intending to convey the same premisesconveyed to one Charles J. Starr by Daniel A. Baldwin & wife by deed dated June 21, 1849. Excepting& reserving from above granted premises such portions thereof as I. Willard Fox & wife may have previousto Feby. 20, 1869, sold or agreed to sell to Allen Jones, John Myers, John Guinen, and Fick, Martin &Myers, & one acre sold for Town & School purposes.
Horatio G. Spafford52toSamuel H. Fox.
Release Deed. Dated April 17, 1875. Recorded April 19, 1875, in Book49 of Mortgages, page 498.Consideration $1.00, &c.Conveys and quit claims all right, title, interest, claim or demand acquired
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in, through or by a certain Trust Deed, dated March 26, 1870, and recorded in the recorder’s office ofLake County, Illinois, in Book 34 of Mortgages, page 414, to the premises therein described, (describingthem as in said Trust Deed.)
Signed“ H. G. Spafford,“ Trustee.”[seal.]” 
Acknowledged April 17, 1875.
Samuel H. Fox and Em-ma B., his wife,53toHenry W. Fox
Warranty Deed. Dated Sept. 25, 1875.Recorded Oct. 5, 1875, in Vol. 64 of Deeds, page 7.Consideration $50,000.00.Conveys land situated in Lake County, Illinois, & described as follows.That part of Sections 17, 18 & 20, T. 43 N. R. 10 E. 3d P. M. descd.
as: Beginning at the quarter section stake 159½ rods North of South East corner of Section 20, & runningWest 56 rods. Thence North 34° West 95 rods to North line of S. W ¼ N. E. ¼ Sec. 20,which point would be 50¾ rods from North West corner of S. W. ¼ N. E. ¼ Sec. 20. Thence North34° W. 30 rods. Thence North 50½ West 43½ rods to West line of N. W. ¼ N. E. ¼ of Sec. 20. ThenceNorth 50½° West 24½ rods to a ceder stake. Thence North 69° East to North line of Sec. 20. Thence East4 rods 18 links to center of Sec. 20. Thence North 48° East 13½ rods. Thence North 32° East 20 rods.Thence North 43° East 22 rods. Thence North 7° East 30 rods. Thence North 66° West 25 rods. ThenceN. 31° West 40 rods. Thence North 62° West 78 rods to North line of S. E. ¼ S. W. ¼ of Sec. 17. ThenceWest to North West corner of S. E. ¼ S. W. ¼ Sec. 17. Thence South to North line Sec. 20. ThenceWest to South West corner of Section 17. Thence North to North West corner of N. W. ¼ S. W. ¼ Sec.17. Thence East to East line Sec. 17. Thence South to S. E. corner of S. E. ¼ N. E. ¼ of Sec. 20, tothe place of beginning, more particularly described as follows: The E. ½ N. E. ¼ Sec. 20, except two acres71 rods in South West corner, together with 4 acres & 12 rods of the North East corner of S. W. ¼ N. E. ¼Sec. 20. Also the N. W. ¼ N. E. ¼ Sec. 20, except 8 acres 97 rods off South West corner. Also two acres& 96 rods (except 120 rods) in North East corner of N. E. ¼ N. W. ¼ Sec. 20. Also E ½ S. E. ¼ Sec.17. Also W. ½ S. E. ¼ Sec. 17 (except 16¼ acres off West side “as indicated by timber.”) Also the N.E. ¼ S. W. ¼ Sec. 17 (except 7½ acres off South side “as indicated by timber.”) Also the West half of S.W. ¼ of Sec. 17. Also 32 acres of land off the East side of N. E. ¼ S. E. ¼ Sec. 18. Also 30 acres off theEast side of the S. E. ¼ N. E. ¼ Sec. 18. Also the S. W. ¼ of N. W. ¼ Sec. 17, except 3 acres off North sideto be divided by an East & West line. Also the W. ½ S. W. ¼ Sec. 20. Also the West half of the land onthe Lake shore on the S. W. ¼ N. W. ¼ Sec. 20, to be equally divided by a North & South line runningto the Lake. The amount of land conveyed is supposed to be 535 acres of land more or less. Intending toconvey the same premises conveyed to one Charles J. Starr by Daniel A. Baldwin & wife by deed datedJune 21, 1849, and by Charles J. Starr & wife to I. Willard Fox by deed dated April — 1857 and by I.Willard Fox to party of first part by deed dated Feby. 20, 1869. Except and reserving from above prem-ises such portions as said I. Willard Fox & wife may have previous to Feby. 20, 1869, sold or agreed tosell to Allen Jones, John Myers, John Grinnen and Fick, Martin—Myers and one acre for Town & Schoolpurposes.Acknowledged Sept. 25, 1875.NOTE.—The lands conveyed by the deeds from I. Willard Fox to Allen Jones, John Myers, John Grin-nen, and Fick (referred to in above exceptions) are situate outside of the lines described in the caption ofthis examination. And the deeds above referred to by I. Willard Fox to Martin and Myers, do not appearof record in the Recorder’s office of Lake County, Illinois.
Henry W. Fox and “KateW., his wife,”54toLoring Munroe.
Mortgage. Dated Nov. 5, 1875.Recorded Nov. 11, 1875, in Book 61 of Mortgages, on page 151.To secure payment of $12,000.00, due six years from date hereof, withinterest semi annually.Conveys all that tract of land situated in Lake County, Illinois, “it be-
ing several parcels or lots of land taken from sections 17, 18 & 20 in Township 43” containing 532 acresmore or less. “A full description of the premises is given in a deed made & executed by Samuel H. Fox“& wife to said Henry W. Fox dated Sept. 25th, 1875, and recorded in the County Clerk’s office of Lake“County aforesaid on the 5th day of October, 1875, in Liber 64 of Deeds, at pages 677 688 & 699.” In case ofdefault in payment of any part of said principal or interest it shall be lawful for 2nd party at any timethereafter to sell said premises in a manner prescribed by law.Acknowledged Nov. 5, 1875.
Exemplification of theLast Will and Test-ament55ofHenry W. Fox, decd.,with Probate thereof.
Recorded Oct. 26, 1876, in Vol. 64 of Deeds, page 41.Recites that Kate W. Fox, Executrix named in Last Will & Testa-ment of Henry W. Fox, decd., on June 3, 1876, appeared in openCourt before the Surrogate of County of Madison and made application to havesaid last Will & Testament which relates to both real & personal estate,proved. And on such application the said Surrogate did ascertain by satisfac-tory evidence who were the widow, heirs at law & next of kin of said Testator
& their respective residences, viz: Said Kate W. Fox, the widow, Frank A. Fox, Albert M. Fox, HattieC. Fox, Mary Kate Fox and Floyd Fox, heirs & next of kin of said deceased, all minors, except said widowKate W. Fox. And said Surrogate issued citation in due form directed to the widow & heirs abovenamed requiring them to appear on June 19, 1876, to attend the probate of said Will. That on said dayevidence by affidavit, of service of said citation was produced, and no one opposing the probate of said Will& James Stewart having been appointed special guardian of said minors, & having appeared for them,said Surrogate took the proofs of said Will (hereinafter set forth) upon June 19, 1876, and adjudged saidWill valid & the proofs thereof sufficient, which said last Will & Testament are as follows:(Here follows Copy of Will, in part as follows:)
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First: Gives & bequeaths to wife Kate W. Fox, all of his Estate, both real & personal, to usefor her own comfort, and maintenance of their children, as she may deem best, with power to devise by Willor otherwise for the benefit of their children after her decease.Second: Appoints his wife Kate W. Fox, sole Executrix of “this” his last Will & Testament, andGuardian of “my” infant children, or power to nominate their Guardian. Also full power to take chargeof and to sell any & all of his real estate that he “now” possesses or may hereafter own & to conveysame by deed & to re-invest the same or the proceeds thereof.Dated Sept. 29, 1875. Two witnesses.Oath of subscribing witnesses (sworn & subscribed to June 19, 1876,) that they witnessed the sign-ing of said Will, which is dated Sept. 29, 1875. That said Deceased declared the same to be his last Will& Testament. That he was upwards of 21 years of age. That he appeared to be of sound mind, memory& understanding, & not under any restraint. That he departed this life on May 28, 1876.Appended is the following: It appearing upon the proofs taken in respect to the last Will and Testa-ment of Henry W. Fox, deceased, that said Will was duly executed & that he was at time he executed thesame in all respects competent to devise Real Estate & not under restraint, the said last Will & Testa-ment and the proofs are “hereby” recorded, signed and certified by “me” pursuant to the provisions of therevised statutes, June 19, 1876.
(Signed)By “Chas. L. Kennedy,Co. Judge & Surrogate.”
Appended is certificate of J. S. Stewart, Clerk to the Surrogate’s Court of Madison County, N. Y., datedAug. 9, 1876, & under seal of Court, that he has compared the “preceding” copy of the last Will &Testament of Henry W. Fox, deceased, together with the Probate thereof, with the original record thereof,and that the same is a correct transcript thereof and of the whole of the original record.Appended is certificate of “Chas. L. Kennedy, Co. Judge & Surrogate,” dated Aug. 9, 1876, & un-der seal of Court, that the “foregoing” exemplification of the last Will & Testament of Henry W. Fox,decd., together with the Probate thereof, is authenticated in due form and by the proper officer.
I. Willard Fox andEleanor, his wife,56toTreat Campbell.
Trust Deed. Dated Feby. 26, 1883.Recorded Nov. 19, 1883. in Book 82 of Mortgages, page101.Conveys & Warrants the following real estate, situate in Lake County,Illinois, to-wit: The N. W. ¼ S. W. ¼ of Sec. 20, T. 43, N. R. 10 E. of
3rd. P. M. Also the West half of that portion of the S. W. ¼ N. W. ¼ Sec. 20, fronting on the Lakeand divided by a North & South line running to the Lake shore and being a parcel of land containing1550100 acres of land more or less, with the buildings and improvements thereon.Homestead rights waived.In trust for the following purposes: Whereas the said Grantor herein has entered into an agreementof even date herewith with William C. Goudy and Henry O. McDaid in regard to legal service rendered& to be rendered, and to be rendered by them in a suit pending in the Circuit Court of the United Statesfor the Northern District of Illinois, wherein Kate W. Goodwin is Complainant and the Grantors are De-fendants, and wherein a cross bill hasb een filed whereby the said I. Willard Fox has agreed to pay $9,000.00for said services according to the terms and under the provisions therein mentioned.If default is made in the payment of any part of said principal or interest according to the terms ofsaid agreement, then this conveyance is to – absolute & the equity of redemption may be foreclosed. Butif no such default be made, and said agreement shall be performed by said I. Willard Fox, or if Title toBlock 2, Lot 20, Bushnell’s Addition to Chicago, (conveyed this day by Grantors to William C. Goudy andLouie P. McDaid) shall by decree in above named suit be adjudged to belong to I. Willard Fox, then saidTrustee or Successor shall release premises first herein described.In case of death, resignation, removal from Cook County, or other inability to act, then Louis L. Woodis appointed successor in Trust with like power & authority.Acknowledged Feby. 26, 1883.
Henry W. Bishop, asMaster in Chancery,57toEleanor Fox.
Deed. Dated Jany. 20, 1885. Recorded April 1, 1885, in Vol. 82 ofDeeds, page 237.Recites that whereas a decree was entered by the Circuit Court of theNorthern District of Illinois. in a case wherein Kate W. Goodwin was complain-ant and I. Willard Fox & Eleanor Fox were Defendants to an Original Bill,
and I. Willard Fox & Eleanor Fox were complainants, & Kate W. Goodwin, Charles S. Goodwin, Sarah E.R. Smith, Charles M. Smith & Samuel H. Fox were defendants to a cross bill on July 29, 1884, which de-cree “reads as follows.” (and said case is numbered 14395).This cause coming on for final hearing upon the original bill, the amended bill, answers and repli-cation, the cross bill, answers and replication, the reports of the Master, the exceptions thereto and theevidence. And the Court having heard the argument of counsel & being fully advised finds: ThatI. Willard Fox, the deft., in original bill & the Complt. in cross bill, is indebted to Kate W. Goodwin, asthe legatee and devisee of Henry W. Fox, deceased, in the sum of $15,971.30, and that on Feby. 20, 1869,I. Willard Fox & Eleanor, his wife, executed a deed of that date conveying to Samuel H. Fox, the follow-ing described land, to-wit: That part of Sections 17, 18 & 20, T 43 N. R.10 East of 3rd P. M., describedas follows: Beginning at the quarter section stake 159½ rods North of South East corner Sec. 20, & runningWest 56 rods. Thence North 34° W. 95 rods to North line of S. W. ¼ N. E. ¼ Sec. 20, which point wouldbe 50¾ rods from North West corner of S. W. ¼ N. W. ¼ Sec. 20. Thence North 34° West 30 rods.Thence North 50½° West 43½ rods to West line of N. W. ¼ N. E. ¼ Sec. 20. Thence North 50½°West 24½ rods toa ceder stake. Thence North 69° East to North line of Sec. 20. Thence East 4 rods, 18 links, to center ofSec. 20. Thence North 48° East 13½ rods. Thence North 32° East 20 rods. Thence North 43° East 22rods. Thence North 7° East 30 rods. Thence North 66° West 25 rods. Thence North 31° West 40 rods.Thence North 62° West 78 rods to North line of S. E. ¼ S. W. ¼ Sec. 17. Thence West to N. W. cornerS. E. ¼ S. W. ¼ Sec. 17. Thence South to North line Sec. 20. Thence West to South West corner ofSec. 17. Thence North to North West corner of N. W. ¼ S. W. ¼ Sec. 17. Thence East to East line Sec.
16
17. Thence South to the place of beginning. More particularly described as follows: The E. ½ N. E. ¼Sec. 20, except two acres, 71 rods, in South West corner, together with four acres & 12 rods of the NorthEast corner of S. W. ¼ N. E. ¼ Sec. 20. Also the North West ¼ N. E. ¼ Sec. 20, except 8 acres, 97rods off South West corner. Also two acres & 96 rods (except 120 rods) in North East corner N. E. ¼ N.W. ¼ Sec. 20. Also E. ½ S. E. ¼ Sec. 17. Also W. ½ S. E. ¼ Sec. 17, (except 16¼ acres off West side“as indicated by timber.”) Also the N. E. ¼ S. W. ¼ Sec. 17 (except 7½ acres off the South side “as indi-cated by timber).” Also the W. ½ S. W. ¼ Sec. 17. Also 32 acres of land off the East side N. E. ¼ S. E.¼ Sec. 18. Also 30 acres off the East side of S. E. ¼ N. E. ¼ Sec. 18. Also the S. W. ¼ of N. W. ¼ Sec.17, except 3 acres off North side, to be divided by an East & West line. Also the W. ½ S. W. ¼ Sec. 20.Also the W ½ of the land on the Lake Shore on the S. W. ¼ N. W. ¼ Sec. 20, to be equally divided by aNorth & South line running to the Lake, excepting and reserving from said premises such portions as I.Willard Fox may have sold or agreed to sell to Allen Jones, John Myers, John Guinch and Fick, Martinand Myer, and one acre sold for School purposes prior to Feby. 20, 1869. Said property being furtherknown as the Lake Zurich farm, being situate in Lake County, Ills. (Also refers to another deed of samedate conveying Lot 2, Blk. 20, in Bushnell’s Add. to Chicago, Cook Co., Ills.) Recites that both saiddeeds were made to secure said indebtedness and are in the nature of a Mortgage. That on Sept. 25, 1875,said Samuel H. Fox conveyed all above said lands to said Henry W, Fox, and said Henry W. took thesame with full knowledge of all the rights and equities of said Isaac Willard Fox in the premises to whom thedebt was at the same time transferred. That on November 5, 1875, said Henry W. Fox executed a deed oftrust or mortgage to secure the payment of $12,000, which had been borrowed by said Henry W. Foxfrom Loring Monroe, conveying said land known as the Lake Zurich farm, and that there is now due onsaid loan $15,059.00. That on June 1, 1876, said Henry W. Fox died testate & by his Will bequeathed &devised the indebtedness and said lands to his wife, Kate W. Fox, who since commencement of this suitmarried Charles S. Goodwin. That since the commencement of this suit on April 7, 1881, said Kate W.Goodwin and Charles S. Goodwin conveyed said property mentioned, in City of Chicago, to Sarah E. R.Smith, wife of Charles M. Smith, (who acquired no better title or right than the said Kate W. Goodwinas against the said I. Willard Fox).And it further appearing that $565.33 taxes has been paid on said Chicago property, therefore it isordered and decreed by the Court that said I. Willard Fox shall pay into the registry of the Court for saidKate W. Goodwin, $16,536.63 with interest at six per cent., by Sept. 1st “next,” provided said Kate W.Goodwin or some one for her shall procure the release of premises described in the deed of Trust orMortgage to secure the debt to Loring Monroe from all incumbrance created thereby; and in default ofsuch payment by said I. Willard Fox; or some one for him, all equity of redemption of saidI. Willard Fox and Eleanor Fox shall be barred and foreclosed. And Henry W.Bishop, one of the Masters in Chancery, shall sell the same according to the practice and rules of “this”Court, and report his proceedings therein. Further ordered and decreed that in case a release of landsdescribed in said Trust Deed or Mortgage shall not be procured by Sept. 1st “next” aforesaid, then saidI. Willard Fox may pay into the registry of the Court for said Kate W. Goodwin $1,477.63 by Nov. 1st“next” with interest at six per cent. per annum; and in default of such payments by said I. Willard Fox,then Henry W. Bishop, one of the Masters in Chancery, shall proceed to sell said lands according to thepractice & rules of “this Court” and report his proceedings herein, and the said I, Willard Fox &Eleanor Fox shall be barred & foreclosed of all equity of redemption in said lands. And in case ssid I.Williard Fox shall pay said $1,477.63, he shall also save & keep harmless the estate of Henry W. Foxfrom all liabilities on the debt to Loring Monroe, and shall assume payment of all indebtedness securedby said Monroe mortgage. Further ordered & decreed that if said I. Willard Fox pay or cause to bepaid either the sum of $16,536.63 or the sum of $1,477.63 as hereinbefore provided, that said Kate W.Goodwin & Charles S. Goodwin shall convey, on or before Nov. 1st “next” to said I. Willard Fox thelands first above described subject to said Loring—incumbrance (and said Smith shall convey to I. Wil-lard Fox said Chicago property.) And in case of failure to make such conveyance or either of them, thenthe said Henry W. Bishop, Master in Chancery, shall execute and deliver conveyance for and on behalf ofthe said Kate W. Goodwin & Charles S. Goodwin, and the said Smiths, respectively.Further ordered & decreed that costs in “this” case to be taxed, be paid by said defendant, IsaacWillard Fox.Also recites that said Kate W. Goodwin has failed to procure the release of premises described inTrust Deed or Mortgage to secure the debt of Loring Monroe and the said Isaac Willard Fox has failed topay into the registry of the Court the sum of $16,536.63 or any part therof, and whereas the sum of $1,-477.63 with interest, amounting to $1,50000 was paid into the registry of the Court by said Isaac WillardFox for said Kate W. Goodwin by Nov. 1st “last,” and all costs in “this” suit.And whereas said Kate W. Goodwin & Charles S. Goodwin have failed to convey as directed bysaid decree the land first therein described, and whereas said Isaac Willard Fox died testate on or aboutAug. 29, 1884, leaving Eleanor Fox, his widow, & Isaac B. Fox, Flora F. Clark, Truman G. Fox, EmilyF. Beckley, Eleanor J. Fox and Gertrude R. Fox as his only children & heirs at law, and by his will de-vised to said Eleanor Fox during the term of her natural life for her own use and benefit & to said IsaacB. Fox, Flora F. Clark, Truman G. Fox, Emily F. Beckley, Eleanor J. Fox & Gertrude R. Fox in re-mainder so much thereof as remains undisposed of at the death of said Eleanor Fox, theirheirs orassigns.And whereas the Circuit Court of the U. S. for the Northern District of Illinois, on Jany. 13, 1885,entered an order directing a deed to be made conveying to said Eleanor Fox for and during her naturallife, for her own use and benefit, and to the said Isaac B. Fox, Flora F. Clark, Truman G. Fox, Emily F.Beckley, Eleanor J. Fox & Gertrude R. Fox in remainder so much thereof as remains undisposed of atthe death of said Eleanor Fox, the property hereinafter described. Therefore Henry W. Bishop, Masterin Chancery, in consideration of the premises and $1,500.00 paid as aforesaid & by virtue & authorityof the decree hereinbefore set forth, conveys to said Eleanor Fox to possess, enjoy and dispose of as sheshall see fit, for and during the term of her natural life for her own use & benefit and to the said IsaacB. Fox, Flora F. Clark, Truman G. Fox, Emily F. Beckley, Eleanor J. Fox and Gertrude R. Fox, in re-
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mainder so much thereof remaining undisposed of at the death of said Eleanor Fox, the following landsto wit: (Describing the lands first above described in this conveyance.)Acknowledged Jany. 20, 1885.
58
Loring Monroe
vs.
Kate W. Goodwin, Frank A. Fox, Albert M. Fox,Hattie C. Fox, Mary Kate Fox, Floyd Fox, EleanorC. Fox, Flora Fox Clark, Frank P. Clark, TrumanG. Fox, Emily M. Beckley, Eleanor Justin Fox, Jes-sie Fox, Gertrude R. Day, John H. Gregory, Timo-thy R. Young, Frances Paine, alias Frances Payne,Seth Paine, alias Seth Payne, George Coffing, Fan-nie P. Keyes, Joseph Keyes, Ariel Egerton, Theunknown heirs and devisees of Abel Keyes, deceased,Robert Miller, Treat Campbell, William C. Goudy,Allan Jones, John Meyers, John Guirich, JohnReder, Jr., Louis Ficke, Louie P. McDaid, CharlesS. McDaid, Rymer Snyder, Joseph Deering, FredDeering, and the unknown owners & persons interestedin the Real Estate herein described.
In the Circuit Court, Lake County, Ills.In Chancery.Bill to foreclose Mortgage made byHenry W. Fox & Kate A. Fox, his wife, onNov. 5, 1875, to Loring Munroe & ac-knowledged Nov. 5, 1875, and recordedNov. 11, 1875, in the Recorder’s office ofLake Co., Ills.Personal service, Oct. 24, 1888, onEleanor C. Fox, Truman G. Fox, JessieFox, Ryman Snyder, Joseph Deering &Fred Deering.Personal service Oct. 26, 1888, onTreat Campbell and William C. Goudy.Cause still pending.
59
At a sale of Lands held in Waukegan, Lake County, Illinois, on July 11, 1853, for delinquent taxesof the year 1852, the S. pt. S. W. ¼, S. W. ¼ Sec. 17, Town 43 N., Range 10 East of 3rd P. M.,containing 31 Acres, assessed D. A. Baldwin, was sold to “B. W. Porter” for $2.72.
Reuben W. Botsford,Sheriff of LakeCounty, Ills.,60toBenjamin W. Porter.
Tax Deed. Dated July 15, 1867. Recorded July 17, 1867, in Vol. 44 ofDeeds, page 27.Conveys the following described land, to wit: (with other property), S. 31acres of S. W. ¼, S. W. ¼ of Sec. 17, Town 43 N., R. 10 East of 3rd P. M.Reciting sale of same July 11, 1853.Acknowledged July 15, 1867.
George H. Bartlett,Sheriff of LakeCounty, Ills.,61to“L. Hinkston.”
Tax Deed. Dated Nov. 20, 1870. Recorded Jany. 24, 1871, in Vol. 45 ofDeeds, page 100.Grant, bargain & sell the premises situated in Lake County, Illinois, to wit:The S. ½, N. W. ¼, S. W. ¼ Sec. 20, Town 43 N., R. 10 East— (with otherproperty). Reciting sale of same May 25, 1868, to C. E. Simmons & the assign-ment by said Simmons to L. Hinkston of the certificate of purchase. Acknowl-edged Nov. 20, 1870.
NOTE.—The Tax sale record for 1868, does not show that the above lands were sold that year. The col-lector’s book for the year 1867, shows that the tax for the year 1867, on the W. ½, S. W. ¼ Sec.20, Town 43 N., R. 10 East, were paid.
62
At a sale of Lands held in Waukegan, Lake County, Illinois, on June 13, 1877, for delinquent taxes ofthe year 1876, the following described lands, all assessed to I. Willard Fox, were sold to F. E.Clarke, for the following amounts respectively:
The S. W. ¼, N. W. ¼ Sec. 17 for $5.84. The N. 4⁄5, N. E. ¼, S. W. ¼ Sec. 17, containing 32 Acres, for$5.18. The W. ½, S. W. ¼ Sec. 17, containing 80 acres, for $9.25. The E. ½, S. E. ¼ Sec. 17, containing 80acres, for $11.94. The E. 4⁄5, W. ½. S. E. ¼ Sec. 17. Containing 65.38 acres, for $12.81. The E. ¾, S. E. ¼,N. E. ¼ Sec. 18. Containing 30 acres, for $4.90. The E. 7⁄8, N. E. ¼, S. E. ¼ Sec. 18. Containing 35 acres,for $5.60. The E. ½, N. E. ¼ Sec. 20. Containing 80 acres. for $11.95. All E. of Rd. W. ½, N. E. ¼ Sec.20. Containing 36 acres, for $5.75. Pt. N. E. cor. E. ½, N. W. ¼ Sec. 20. Containing 1 acre, for $82100. W.½, S. W. ¼, N. W. ¼ Sec. 20. Containing 20 acres, for $24.13. All in Town 43 —, Range 10 —.On margin of record of each of above Tax sales is written, Deed John Johnston, Jr., June 16/79.
63
At a sale of Lands held in Waukegan, Lake County, Illinois, on June 13, 1877, for delinquent taxes of theyear 1876, the W. ½, S. W. ¼ Sec. 20, Town 43 —, Range 10 —. Containing 80 acres, assessed,I. Willard Fox, sold F. E. Clarke for $9.05.
On margin of Tax sale record is written “S. ½, N. W. ¼ S. W. ¼. Paid before sale by L. Hinkston.“(June 16th, 1879, Deed John Johnston, Jr.)”
Lewis C. Dorsett,County Clerk, LakeCo., Ills.,64toJohn Johnston, Jr.
Tax Deed. Dated June 16, 1879. Recorded Dec. 17, 1883, in Book 62 ofDeeds, page 145.Grants & conveys the following real estate, to wit: “E. 4⁄5, W. ½,“ S. E. ¼ Section 17, Town 43, Range 10. E. ½, S. E. ¼ Section 17, Town 43,“ Range 10. W. ½, S. W. ¼ (Lake) Section 17, Town 43, Range 10. N. 4⁄5 N.“E. ¼, S. W. ¼ Section 17, Town 43, Range 10. S. W. ¼, N. W. ¼ Section 17,
“Town 43, Range 10. E. 7⁄8, N. E. ¼, S. E. ¼ Section 18, Town 43, Range 10. E. ¾, S. E. ¼, N. E. ¼“Section 18, Town 43, Range 10. W. ½, S. W. ¼, N. W. ¼ Section 20, Town 43, Range 10. Pt. N.“E. cor. E. ½, N. W. ¼, Section 20, Town 43, Range 10. All E. of Rd. W. ½, N. E. ¼ Section 20,“Town 43, Range 10. E. ½, N. E. ¼ Section 20, Town 43, Range 10. (Ex. S. ½, N. W. ¼, S. W. ¼),“W. ½, S. W. ¼ Section 20, Town 43, Range 10.” All situate in Lake County, Illinois. Reciting sale ofsame June 13, 1877.
18
John Johnston, Jr., &Elizabeth C., hiswife,65toEleanor C. Fox.
Quit Claim Deed. Dated June 17, 1879. Recorded Dec. 17, 1883, in Vol81 of Deeds, page 38.Consideration $1.00.Conveys and quit claims all interest in the following described real estate,to-wit: The E. 4⁄5 of W. ½ S. E. ¼ Sec. 17. The E. ½ S. E. ¼ Sec. 17. The W.½ S. W. ¼ Sec. 17. The N. 4⁄5 of N. E. ¼ S. W. ¼ Sec. 17. The S. W. ¼ N. W.
¼ Sec. 17. The E. 7⁄8 of N. E. ¼ S. E. ¼ Sec. 18. The E. ¾ of S. E. ¼ N. E. ¼ Sec. 18. The East part ofS. E. ¼ N. E. ¼ of Sec. 19. The W. ½ S. W. ¼ N. W. ¼ Sec. 20. Part of North East corner of E. ½ N.W. ¼ Sec. 20. All East of road in W. ½ N. E. ¼ Sec. 20. The E. ½ N. E. ¼ Sec. 20. (Ex. S. ½ N. W. ¼S. W. ¼) the W. ½ S. W. ¼ Sec. 20. All in Town 43—Range 10—situate in Lake County, Illinois.
Homestead rights waived.Acknowledged June 19, 1879.
66
At a sale of lands held in Waukegan, Lake County, Illinois, on June 6, 1882, for delinquent taxes of theyear 1881, the following described lands, all assessed I. Willard Fox, were sold to the followingnamed persons, for the following amounts respectively:
The N. 4⁄5 of N. E. ¼ S. W. ¼ Sec. 17, T. 43, N. R. 10 E. of 3d P. M. to A. V. Smith for $6.46. Pt.Lake W. ½ S. W. ¼ Sec. 17, T. 43, N. R. 10 E. 3d P. M., containing 80 acres, to E. A. Mears for $12.38.The E. ½ S. E. ¼ Sec. 17, T. 43, N. R. 10 E. of 3rd P. M., containing 80 acres, to W. F. Hogan for $14.96.The E. 4⁄5 W. ½ S. E. ¼ Sec. 17, T. 43, N. R. 10 E. 3rd P. M., containing 65 acres, to Chas. Phillips for $15.86.The E. ¾ of S. E. ¼ N. E. ¼ Sec. 18, T. 43, N. R. 10 E. 3d P. M. containing 30 acres to C. T. Heydeckerfor $6.05. The W. ½ of S. W. ¼ N. W. ¼ Sec. 20, T. 43, N. R. 10 E. 3rd P. M., containing 20 acres, to A.V. Smith for $29.97. About 30 acres Lake (Ex. 5 A. off W. side N. E. ¼ S. E. ¼) S. E. ¼ S. E. ¼ Sec. 18,T. 43, N. R. 10 E. 3d P. M., containing 75 acres, to N. Sherman for $8.71. The W. ½ S. W. ¼ Sec. 20, T.43, N. R. 10 E. 3d P. M., containing 80 acres to E. A. Mears for $14.97. All N. E. of Road N. E. ¼ Sec.20, T. 43, N. R. 10 E. 3d P. M., containing 116 acres, to D. Granger for $21.39.On margin of record of each of above Tax Sales is written, Deed issued A. V. Smith, June 10, 1884.
Lewis C. Dorsett,County Clerk of LakeCounty, Ills.,67toA. V. Smith.
Tax Deed. Dated June 10, 1884. Recorded June 10, 1884, in Vol. 62 ofDeeds, page 152.Conveys the following described real estate, to-wit: The N. 4⁄5 N. E. ¼ S.W. ¼ Sec. 17. The W. ½ S. W. ¼ N. W. ¼ Sec. 20. The W. ½ S. W. ¼ Section20. Part Lake W. ½ S. W. ¼ Sec 17, all in T. 43, N. R. 10 East—. Also theE. 4⁄5 W. ½ S. E. ¼ Sec. 17, T. 43—Range 10 East—. Also the E. ½ S. E. ¼ Sec.
17. The E. ¾ S. E. ¼ N. E. ¼ Sec. 18. About all Lake (Ex. 5 acres off W. side N. E. ¼ S. E. ¼) S. E. ¼S. E. ¼ of Section 18, Township 43, N. R 10 East.Reciting sale of same June 6, 1882.
68
At a sale of lands held in Waukegan, Lake County, Illinois, on June 6, 1882, for delinquent taxes of theyear 1881, the S. W. ¼ N. W. ¼ of Sec 17, T. 43, N. R. 10 E. of 3rd P. M., containing 40 acres,assessed I. Willard Fox, sold to O. H. Heath for $7.82.
On margin of Tax Sale record is written, Deed issued to Joseph Deitmeyer June 11, 1884.
Lewis C. Dorsett,County Clerk of LakeCounty, Illinois,69toJoseph Dietmeyer.
Tax Deed. Dated June 11, 1884. Recorded June 11, 1884, in Vol. 62 ofDeeds, page 153.Conveys the following described real estate, to-wit (with other property):The S. W. ¼ N. W. ¼ Sec. 17, T. 43, N. R. 10 East—. Also about all LakeN. W. ¼ N. W. ¼ Sec. 20, T. 43, N. R. 10 East—. Reciting sale of same June6, 1882.
Joseph Dietmeyer &Elizabeth Diet-meyer,70toAshbel V. Smith.
Quit Claim Deed. Dated Nov. 11, 1886. Recorded Dec. 11, 1886, in Vol.83 of Deeds, page 255.Consideration $100.00.Conveys and quit claims all interest in the following described real estate,to-wit: The S. W. ¼ N. W. ¼ Sec. 17, T. 43, N. R. 10 East—. Also about allLake N. W. ¼ N. W. ¼ Sec. 20, T. 43, N. R. 10 East—. Situate in LakeCounty, Illinois.
Homestead rights waived.Acknowledged Dec. 11, 1886.
71
At a sale of lands held in Waukegan, Lake County, Illinois, on June 6, 1882, for delinquent taxes ofthe year 1881, all N. E. of road, N. E. ¼ Sec. 20, T. 43 —, R. 10, E. of 3rd P. M., assessed I.Willard Fox, sold to D. Granger for $21.39.
On margin of Tax Sale record is written Deed issued Oct. 20, 1884.
Lewis C. Dorsett,County Clerk of LakeCounty, Illinois,72toA. V. Smith.
Tax Deed. Dated Oct. 20, 1884. Recorded Oct. 21, 1884, in Vol. 62 ofDeeds, page 155.Conveys the following described real estate, to wit: All N. E. of road, N.E. ¼ of Sec. 20, T. 43 N., R. 10, East —, containing 116 acres. Reciting saleof same June 6, 1882.
19
Ashbel V. Smith &Elizabeth A., hiswife,73toFrank P. Clark.
Quit Claim Deed. Dated Nov. 7, 1887. Recorded Feby. 13, 1888, in Vol83 of Deeds, page 359.Consideration $243.00.Conveys and quit claims all interest in the following described real estate,(with other property): The S. W. ¼ of N. W. ¼ of Sec. 17. Also all N. E.of road, N. E. ¼ of Sec. 20, T. 43 N., R. 10 —, containing 116 acres, more orless. Situate in Lake County, Illinois.
Homestead rights waived.Acknowledged Nov. 7, 1887.
Ashbel V. Smith &Elizabeth A., hiswife,74toFrank P. Clark.
Quit Claim Deed. Dated Dec. 23, 1887. Recorded Feby. 8, 1888, in Vol83 of Deeds, page 356.Consideration $361.00.Conveys & quit claims all interest in the following described real estate,to wit: The N. 4⁄5 of N. E. ¼ S. W. ¼ of Sec. 17, and W. ½ S. W. ¼ (partLake) of Sec. 17, the E. ½ S. E. ¼ of Sec. 17, and E. 4⁄5 of W. ½ S. E. ¼ of Sec.
17, & E. ¾ of S. E. ¼ N. E. ¼ of Sec. 18, and N. E. ¼ S. E. ¼ (Ex. 5 a. off W. side) of Sec. 18, & S. E. ¼of Sec. 18 & W. ½ of S. W. ¼ N. W. ¼ of Sec. 20, & W. ½ S. W. ¼ of Sec. 20, N. E. ¼ of N. E. ¼ of Sec.19; all in Town 43 N., R. 10, E. of 3rd P. M. “Situated in County of —, State of Illinois.”
Homestead rights waived.Acknowledged Dec. 23, 1887.
Frank P. Clark &Flora F., his wife,75toKate W. Goodwin.
Quit Claim Deed. Dated May 27, 1891. Recorded June 1, 1891, in Vol.81 of Deeds, page 399.Consideration $1,000.00.Conveys & quit claims all interest in the following described real estate,to wit: The S. W. ¼ N. W. ¼, the N. 4⁄5 N. E. ¼ S. W. ¼, and the W. ½ S. W.
¼; also the S. E. ¼ Sec. 17. Also E. ¾ S. E. ¼ N. E. ¼ and N. E. ¼ of S. E. ¼, in Sec. 18. Also all ofN. E. ¼ of Sec. 20, lying N. E. of the Highway, running through said quarter Section. Also W. ½ S. W.¼ N. W. ¼ of said Sec. 20. Also W. ½ S. W. ¼ of said Sec. 20, T. 43 N., R. 10 East —. Meaning andintending to convey only such part of said premises as is included in the decree rendered in the case ofGoodwin vs. Fox, rendered in the U. S. Circuit Court for the Northern District of Illinois, on May 15,1890. Situate in Lake County, Illinois.
Homestead rights waived.Acknowledged May 29, 1891.
In the Circuit Court of the United States, for the Northern District of Illinois.In Chancery. Case No. 14395.
Kate W. Fox76vs.I. Willard Fox andEleanor Fox.
Bill to foreclose Mortgage.Original Bill filed February 17, 1877. Summons issued to defendants byWm. H. Bradley, Clerk, Feb. 17, 1877, and returned, defendants not found, &c.Appearance of defendants by H. O. McDaid, their solicitor, filed March 1, 1877,and asks the usual time to plead, answer or demur. Answer of defendants deny-
ing allegations of bill filed April 21, 1877. Replication filed April 21, 1877. Amended Bill filed October26, 1877, represents (inter alia) that on February 20, 1869, said I. Willard Fox became indebted to SamuelH. Fox and Henry W. Fox, doing business as Fox & Co., in the sum of $70,000.00, and it was then andthere agreed between said I. Willard Fox and Fox & Co. that said Fox & Co. had paid and taken up orshould pay and take up and discharge other indebtedness of said I. Willard Fox then due and owing fromhim to other persons, then estimated to be about $16,000.00, paying thereon dollar for dollar, and also payand discharge other indebtedness of said I. Willard Fox then due or to become due, estimated at about$30,000.00, paying therefor 50 cents on the dollar.That said I. Willard Fox was the owner in fee of lands known as the Lake Zurich farm in Lake County,Illinois, and hereinafter mentioned and described (also land in Cook County, Illinois.) That it was agreedby said I. Willard Fox and Fox & Co. that for the purpose of securing the payment of said sums of moneythat said I. Willard Fox should make, execute and deliver to said Samuel H. Fox a deed or deeds convey-ing to said Samuel H. Fox the said Lake Zurich Farm (and said lands in Cook County, Illinois,) and alsosell and assign personal property. And if said I. Willard Fox should pay within six months to said Fox &Co. the full amount of the indebtedness then due and to become due as aforesaid, then said Samuel H. Foxshould reconvey to said I. Willard Fox the said Lake Zurich Farm, but in case of default in such paymentor any part thereof, then said Samuel H. Fox might foreclose, &c.It being agreed that said Samuel H. Fox should release of record a Mortgage held by him on a por-tion of said Lake Zurich Farm, said Mortgage being embraced in said sum of $70,000.00. That in pursuancethereof said I. Willard Fox and Eleanor Fox, his wife, made, executed and delivered to said Samuel H.Fox deeds of conveyance to him in fee simple of the said Lake Zurich Farm (with other property.) Thatsaid Samuel H. Fox did Oct. 5, 1869, release of record the said Mortgage so held by him on a portion ofsaid Lake Zurich Farm.That said Henry W. Fox died May 7, 1876, leaving a last Will and Testament which was duly provedbefore the Surrogate of Madison County, New York, and orator appointed Executrix, in and by which tes-tator bequeathed and devised to orator all his estate both real and personal. That the property known asthe Lake Zurich Farm is more fully described as follows, to-wit: All that parcel of land situated in LakeCounty, Illinois, and described as follows, to-wit: All that part of Sections 17, 18 and 20 in Township 43,North Range 10 East of the 3rd P. M., bounded as follows: Beginning at quarter Section stake 159½ rodsNorth of the South East corner of said Section 20, and running thence West 56 rods, thence North 34°West 95 rods to the North line of the South West quarter of the North East quarter of Section 20, whichpoint would be 50¾ rods from the North West corner of the South West quarter of the North East quarterof Sec. 20; thence North 34° West 30 rods; thence North 50½° West 43½ rods to the West line of the NorthWest quarter of the North East quarter of Sec. 20; thence North 50½° West 24½ rods to a cedar stake; andthence North 69° East to the North line of Sec. 20; thence East 4 rods and 18 links to the center of Sec.20; thence North 48° East 13½ rods; thence North 32° East 20 rods; thence North 43° East 22 rods; thence
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North 7° East 30 rods; thence North 66° West 25 rods; thence North 31° West 40 rods; thence North 62°West 78 rods to the North line of South East quarter of the South West quarter of Sec. 17; thence Westto the North West corner of the South East quarter of the South West quarter of Sec. 17; thence Southto the North line of Sec. 20; thence West to the South West corner of Sec. 17; thence North to the NorthWest corner of the North West quarter of the South West quarter of Sec. 17; thence East to the East lineof Sec. 17; thence South to the South East corner of the South East quarter of the North East quarter ofSec. 20 to the place of beginning; the above named premises being further described as follows: TheEast half of the North East quarter of Sec. 20, except 2 acres and 71 rods in the South West corner, to-gether with 4 acres and 12 rods of the North East corner of the South West quarter of the North Eastquarter of Sec. 20. Also the North West quarter of the North East quarter of Sec. 20, except 8 acres and97 rods off the South West corner thereof. Also 2 acres and 96 rods (except 120 rods) in the NorthEast corner of the North East quarter of the North West quarter of Sec. 20. Also the East half of theSouth East quarter of Sec. 17. Also the West half of the South East quarter of Section 17 (except 16¼acres off the West side thereof, as indicated by timber. Also the North East quarter of the South Westquarter of Sec. 17 (except 7½ acres off the South side thereof, as indicated by timber.) The West half ofthe South West quarter of Sec. 17. Also 32 acres of land off from the East side of the North East quarterof the South East quarter of Sec. 18. Also 30 acres off the East side of the South East quarter of theNorth East quarter of Sec. 18. Also the South West quarter of the North West quarter of Sec. 17, ex-cept 3 acres off from the North side thereof, to be divided by the East and West line. Also the West halfof the South West quarter of Sec. 20. Also the West half of the land on the Lake Shore of the SouthWest quarter of the North West quarter of Sec. 20, to be equally divided by a North and South linerunning to the lake, excepting and reserving from the above granted premises such portions thereof asI. Willard Fox may have sold or agreed to sell to Allen Jones, John Meyers, John Gimmick and Fick,Martin and Meyers, and one acre sold for school purposes prior to the 20th of February, 1869.That there is now legally and equitably due to orator as such Executrix and devisee from I. Wil-lard Fox the sum of $100,000, principal and interest, which I. Willard Fox has refused to pay onrequest.That said Mortgaged premises are scant security for the indebtedness aforesaid. That the prem-ises known as the Lake Zurich Farm, and hereinbefore described, are now worth only about $30,000.00.Makes I. Willard Fox and Eleanor Fox defendants and prays that an account may be taken, &c., ofwhat is due to oratrix for principal and interest on the security of said Mortgaged premises and that de-fendants may be decreed to pay what shall appear due to her on taking said account and costs by a shortday to be named by the Court, and in default of such payment that defendants be barred and foreclosed,&c., and prays general relief. Prays summons.Answer to Amended Bill denying allegations thereof filed November 20, 1880. Replication filed De-cember 23, 1880. Cross Bill of I. Willard Fox and Eleanor Fox vs. Kate W. Goodwin, Charles S. Good-win, Samuel H. Fox, Sarah E. R. Smith and Charles M. Smith filed December 8, 1880. Represents (interalia) that on February 17, 1877, Kate W. Fox (who since the filing of the original bill has intermarriedwith Charles S. Goodwin) filed her bill of complaint, &c., to foreclose a Mortgage on premises thereindescribed, &c.That on February 20, 1869, I. Willard Fox was owner of (land in Cook County, Illinois,) and certainlands known as the Lake Zurich Farm and described as follows:(Here follows same description as in bill.)That there was not then due from I. Willard Fox to Fox & Co. the sum of $70,000 nor any othersum, but that said conveyance was made under certain circumstances (setting forth the same.) Prays foran accounting between Fox & Co. and I. Willard Fox or Samuel Fox as surviving partner of Fox & Co.,and if there is an amount found due from Samuel H. Fox to I. Willard Fox, that a decree be enteredagainst him for said amount and against said Kate W. Goodwin requiring her and her husband toreconvey the lands situated at Lake Zurich hereinbefore described and prays for general relief.Answer of Kate W. Goodwin, Charles S. Goodwin filed Dec. 20, 1880, denies the allegations ofsaid Cross Bill. Replication thereto filed January 5, 1881.Answer of Sarah E. R. Smith and Charles M. Smith to Cross Bill filed January 3, 1881.Replication thereto filed January 5, 1881.June 9, 1884, Order entered that this cause be referred to Henry W. Bishop, Master in Chancery,to take evidence as to the amount now due upon the mortgage for $12,000.00, executed by Henry W. Foxto Loring Monroe and report.Master’s Report filed July 11, 1884, finding due on the Monroe Mortgage, $15,059.Decree entered July 29, 1884, Chancery Record 30, page 129.Cause coming on for final hearing on original Bill, Amended Bill, answers and replications, the CrossBill. answer and replication, the reports of the Master and exceptions thereto and the evidence, and theCourt being fully advised, &c., find that I. Willard Fox is indebted to Kate W. Goodwin as legateeand devisee of Henry W. Fox, deceased, $15,971.30. That on February 20, 1869, I. Willard Fox andEleanor, his wife, executed a Deed of that date conveying to Samuel H. Fox the following lands: Allthat part of Sections 17, 18 & 20, Township 43, North Range 10 East of the 3rd P. M., described asfollows: (describing same as in Bill) said property being further known as the Lake Zurich Farm andbeing situated in Lake County, Illinois. (Also another Deed conveying other property.) That saidDeeds were made to secure said ineebtedness and are in the nature of a Mortgage. That September25, 1875, said Samuel H. Fox conveyed said lands to Henry W. Fox, who took the same with fullknowledge of the equities of said Isaac Willard Fox, to whom the debt was at the same time transferred.That on November 5, 1875, said Henry W. Fox executed a Trust Deed or Mortgage to secure paymentof $12,000.00, to Loring Monroe conveying said lands known as the Lake Zurich Farm, and that there isnow due on said loan $15,059.Ordered, adjudged and decreed that said I. Willard Fox pay into the Registry of the Court for KateW. Goodwin $16,536.63, with interest at 6 per cent. per annum, by the first day of September next, pro-vided said Kate W. Goodwin, or some one for her, shall procure the release of the premises described inthe deed of Trust or Mortgage to secure the debt to Loring Monroe, from all encumbrances created
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thereby; and in default, that Henry W. Bishop, one of the Masters in Chancery, should sell the same,according to the practice and rules of this court, and report, &c., and in case a release of said lands shallnot be secured by the — day of September next, as aforesaid, then the said I. Willard Fox may pay intothe Registry of the court for said Kate W. Goodwin $1,477.63 by the first day of November next, withinterest; and, in default thereof, Henry W. Bishop, Master in Chancery, shall sell said lands, according tothe practice and rules of Court, and report; and if said I. Willard Fox shall pay said sum of $1,477.63 heshall save and keep harmless the estate of Henry W. Fox from all liability on the debt of Loring Monroe,and shall assume the payment thereof.Petition of Eleanor Fox, filed January 13, 1885. Represents that Isaac Willard Fox died August 29,1884, testate at Lake County, Illinois, leaving petitioner as his widow, and Isaac B. Fox, Flora F. Clark,Truman G. Fox, Emily F. Beckley, Eleanor J. Fox, and Gertrude R. Fox as his children and only heirsat law.Prays that said (naming same as above) may be substituted as parties herein in place of said IsaacWillard Fox, deceased, and that an order be entered directing Henry W. Bishop, Master in Chancery,to execute deeds as directed by the decree of July 29, 1884.Order entered January 13, 1885, Chancery Record 30, page 410, that said Master in Chancery exe-cute a deed on behalf of Kate W. Goodwin and Charles S. Goodwin to the property described in said decreeand known as the Lake Zurich Farm. Order entered January 26, 1885. Comes Henry W. Bishop,Master in Chancery, and presents to the Court a deed of said Master, conveying to Eleanor Fox to possess,enjoy and dispose of as she shall see fit during her natural life, for her own use and benefit, and to Isaac B.Fox, Flora F. Clark, Truman G. Fox, Emily F. Beckley, Eleanor J. Fox and Gertrude R. Fox, in remainder,so much thereof remaining undisposed of at the death of said Eleanor Fox, certain lands described in theBill of Complaint herein known as the Lake Zurich Farm, in Lake County, Illinois. And it appearing tothe Court that Eleanor Fox is entitled to said deed:Ordered that said Master’s deed be approved and confirmed, and the Master directed to deliversaid deed to said Eleanor Fox.Chancery Record 30, page 158, Tuesday, August 5, 1884. Comes complainant and prays an appealfrom the decree entered herein July 29 “last,” which is allowed on her filing a bond in sum of $1,000.00within 60 days from this date, with surety to be approved by the court, the court reserving the right torequire a further or larger bond either by this court or the supreme court, if necessary, and time to filecertificate of evidence herein extended to October first next.Mandate of the Supreme Court of the United States reversing and remanding the decree of the Cir-cuit Court of the United States for the Northern District of Illinois in this cause, rendered July 29, 1884,filed May 27, 1889, and cause redocketed.
NOTE: For opinions of the Supreme Court of the United States in this case—Goodwin vs. Fox—see 120U. S., page 775, and 129 U. S., page 601.
Order entered June 18, 1889, Chancery Record 34, page 400: That cause be and is hereby referredto Henry W. Bishop, Mastery in Chancery, to restate the account in accordance with the opinion of theSupreme Court of the United States herein, and find the amount due the complainant, Kate W. Goodwin,herein, and complainants are hereby allowed to offer additional proof upon their right to a strict foreclos-ure, &c., and said Master is directed to take such testimony and report. Master’s Report filed March 3,1890. Said Master reports that there is due by I. Willard Fox to Fox & Co. the sum of $58,627.92, prin-cipal as of February 20, 1869, and interest upon the same at 6 per cent. per annum to this date, of $74,-066.57; total due, $132,694.49; that the value of said premises is $80 per acre for 560 acres comprised insaid Mortgage, being $44,800.00, and that tax deeds have been issued thereon.Decree. Chancery Record 35, page 211. Thursday, May 15, 1890. This cause came on to be heard this15th day of May, 1890, before the Honorable Henry W. Blodgett, one of the Judges of this Court‘ upon theMandate of the Supreme Court of the United States, heretofore filed in this cause, the report of Henry W.Bishop, one of the Masters in Chancery of this court, filed in this cause on the third day of March, 1890,and the exceptions to said report filed by the defendants in the original bill and complainants in said CrossBill, on the third day of March, A. D. 1890, and thereupon the complainants, in said original bill, by theircounsel, remit from the amount due, and reported by the Master in this cause, from the defendants in saidoriginal bill, to the complainants, the sum of $15,000.00 and upon the entry of such remititur, it is ordered,adjudged and decreed that the first and second exceptions to said Master’s report and each of them be, andthe same are hereby overruled.As to the third of said exceptions to said Master’s report, the Court doth further order that there be de-ducted from the amount so found to be due to the complainants, in the original bill, as herein and abovemodified, the further sum of $19,571.66, being the amount of principal and interest now due and owing onthe notes secured by the Mortgage on premises described in the pleadings in this cause to Loring Monroe,and a remititur for said amount being now entered of record, the third exception to said Master’s Report isalso overruled.The Court doth further order that all other exceptions to said Master’s report be, and the same arehereby overruled, and that said Master’s report as hereinbefore modified be in all things ratified, approvedand confirmed.And thereupon this cause came on for final hearing before the court aforesaid, upon the pleadings,evidence, depositions and exceptions, the Master’s report herein and exceptions thereto, the mandate of theSupreme Court aforesaid, and all former orders and decrees herein made, and after argument of counsel thecourt being fully advised in the premises, doth find and order, adjudge and decree, that the allegations ofthe original and amended bill are substantially true, that there is due at the date of this decree to the com-plainant, Kate W. Goodwin, as the devisee and legatee of Henry W. Fox, deceased, from the estate of I.Willard Fox, deceased, after the allowance of all proper credits and the remititurs aforesaid, with respect tothe matters and things set up and alleged in the original and amended bills herein, the full sum of$98,709.00. That on the 20th day of February, 1869, the said I. Willard Fox and Eleanor Fox, his wife,executed a deed of that date, conveying to Samuel H. Fox, the following described lands, situate in theCounty of Lake, and State of Illinois, in these proceedings sometimes designated as the Lake Zurich Farm,
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to wit: All that part of Sec. 17, 18 and 20 in Township 43 North, Range 10 East of the 3rd P. M.;(describing same property as in amended bill;) that said I. Willard Fox and his said wife at the samedate also made another deed to said Samuel H. Fox, conveying with full right and power of sale and dis-position, the following described lot or parcel of land, to wit: (land not in question) that said deeds weremade for the purpose of providing for and securing the payment of said indebtedness hereinbefore, and inthe original and amended bills mentioned and described.That on the 25th day of September, 1875, the said Samuel H. Fox conveyed the said lands and lot tothe said Henry W. Fox to whom the said indebtedness was at the same time transferred.That on the 5th day of November, 1875, the said Henry W. Fox, executed a deed of trust or Mort-gage to secure the payment of $12,000.00, which had been borrowed by the said Henry W. Fox from Lor-ing Monroe, conveying the said portion of said lands above described, and known as the “Lake ZurichFarm,” that there is now due on said loan to the said Loring Monroe, the sum of $19,571.66, that on thefirst day of June, 1876, the said Henry W. Fox died testate, and by his Will bequeathed and devised saidindebtedness, and the said lands and lot to his wife, Kate W. Fox, who since the commencement of thissuit, married said Charles S. Goodwin, and that on the 7th day of April, 1881, the said Kate W. Goodwin,and Charles S. Goodwin, her husband, conveyed (land not in question.)The court further finds that the value of said Mortgaged premises (outside of said lot 2 in Block 20,in Bushnell’s Addition to Chicago aforesaid, sold as aforesaid, and the proceeds of which have been creditedto defendants) is very much less than the amount of said indebtedness so due and owing to the said com-plainant, Kate W. Goodwin, after allowing all credits thereon, as hereinbefore fixed and adjudged, and thatthe estate of said I. Willard Fox, deceased, is insolvent and wholly insufficient to pay the same, or any con-siderable part thereof.And it is further ordered, adjudged and decreed by the court that if said defendants, Eleanor Fox,Isaac B. Fox, Flora F. Clark, Truman G. Fox, Emily F. Beckley, Eleanor J. Fox and Gertrude R. Fox,heirs and representatives of I. Willard Fox, deceased, or any one of them, or any one claiming by, throughor under them subsequent to the commencement of this suit shall pay into the registry of this Court forthe use of said complainant, Kate W. Goodwin, the said sum which is so found to be due to her as afore-said, being $98,709.00, with Interest from date hereof at the rate of 6 per cent. per annum, and the costs inthis cause to be taxed, within 12 months from and after the entry of this decree, that then the said com-plainants Kate W. Goodwin and Charles S. Goodwin, do convey to them the said Mortgaged premiseshereinbefore particularly mentioned and described and known as the “Lake Zurich Farm,” and being allthe said lands so conveyed by said I. Willard Fox to Samuel H. Fox, except said lot 2, Block 20 in Bush-nell’s Addition to Chicago, sold to and now owned by the said Sarah E. R. Smith by suitable and properdeed of conveyance to be approved by this court, subject, however, to the lien of said Mortgage or TrustDeed on said premises to the said Loring Monroe, the amount of which with the interest thereon has beenallowed and credited to the said defendants in the computation of the amount found due the complainant,Kate W. Goodwin and which amount of said mortgage deed, to said Loring Monroe is hereby charged uponthe said lands and premises known as the said “Lake Zurich Farm,” and which shall be paid by the saiddefendants upon the redemption of said premises under this decree in case said redemption shall be made.But in case of default of the said defendants or any of them or any one claiming by, through or under themsubsequent to the commencement of this suit, in payment of the said amount due the said Kate W. Good-win with interest and costs as aforesaid, within the said 12 months from the entry of this decree, then it isfurther ordered, adjudged and decreed by the court that the said defendants, and all persons claiming by,through or under them from and after the commencement of this suit do stand & be forever barred andforeclosed of and from all right, title, claim, interest and equity of redemption in and to the said Mortgagedpremises hereinbefore described, and including the whole of the said “ Lake Zurich Farm,” and every partand portion thereof.And it is further ordered that the said complainant, Kate W. Goodwin, be let into the possession ofthe said lands and premises hereinbefore described as the “Lake Zurich Farm” after the expiration of thesaid 12 months upon the production to and service upon said defendants occupying the same or those claim-ing under them of the certified copy of the final order of strict foreclosure thereof and making the same ab-solute. This decree to take effect and be operative as of and from the tenth day of May, instant, to whichdate all computations are made.Affidavit of Charles B. Wood, filed May 16, 1891. That none of the defendants have paid into theregistry of this court the amount found due by the decree of May 15, 1890, to Kate W. Goodwin, and thatmore than 12 months have elapsed since the entry of said decree.Final Decree. Chancery Record 35, page 520, May 16, 1891. This cause came on to be further heardon this 16th day of May, 1891, upon the decree heretofore entered in this cause, on the 15th day of May,1890, and upon the affidavit of Charles B. Wood, one of the Solicitors of the Complainants, showing thatnone of the said defendants, nor any one for them, paid into the registry of this court the amount found dueby said decree to the said Complainant Kate W. Goodwin, with the interest and costs, or any part thereof,although more than 12 months have expired since the entry of said decree, and the court finds that thewhole amount of said decree still remains unpaid, and after due notice of this motion, upon the Solicitorsof the defendants, in the original bill, it is ordered, adjudged and decreed that the said defendants, Elea-nor Fox, Isaac B. Fox, Flora F. Clark, Truman G. Fox, Emily F. Beckley, Eleanor J. Fox and Gertrude R.Fox, and all persons claiming, by, through or under them, from and after the commencement of this suit, dostand and be forever barred and foreclosed of and from all right, title, interest and equity of redemption inthe Mortgaged premises described in said decree, and in each and every part thereof. And that the saiddecree of strict foreclosure heretofore entered in this cause, as aforesaid be, and the same is hereby madeabsolute.
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We have examined the Indexes in our possession to the records in Lake County, Illlinois, of Deeds, Mort- gages, Judgments and Tax Sales, and find: No Conveyances of the premises described in the Caption of this Examination, by any of the parties named herein as Grantor or Grantee, shown thereby to have been recorded in the Recorder’s Office of said County, prior to the dates of record of the instruments by them respectively, as shown on the one hundred eight (108) preceding sheets. No Judgments appear thereby to have been rendered in any of the Courts having their records in said County, which we consider liens on said premises, except as shown. No Notices or other proceedings in the Circuit Court to enforce mechanics’ lien against said premises. No uncanceled Tax Sales of record, except as shown. Waukegan, Illinois, September 16, 1891.
WAUKEGAN ABSTRACT CO.
By D. L. Jones, Manager.
A true copy of original Abstract.
WAUKEGAN  ABSTRACT  CO.,
Manager.