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1870 - Deed between James Patrick Hughes and Phillip J. Bonney

Phillip J. Bonney

to

James Hughes, Atty in fact

Town Lot

Parish of Calcasieu Nov. 29th 1869.

Know all men by these presents that I, Mrs. Nancy Hughes do hereby authorize and empower my son James Hughes to sell and receive the price for the same a certain house & lot belonging to me and situated in the Town of Franklin in the Parish of St. Mary, State of Louisiana, to sign my name to any sale of the same he may make and do all else for me that I might do if personally present, given and signed at the residence of Mrs. George Elinder in the aforesaid Parish in presence of the witnesses whose names are hereonto signed. Nancy [my x mark] Hughes, G. W. Elinder, J. B. [my x mark] Bertrand.

State of Louisiana
Parish of St. Mary

Before me, James G. Parkerson, Recorder and Ex-Officio Notary Public, duly commissioned and sworn in and for the Parish of St. Mary, in presence of the witnesses hereinafter named and undersigned.
Personally came and appeared James Hughes herein acting as the Attorney in fact of his Mother Nancy McGarey widow of Terrance Hughes dec'd by virtue of a special power of attorney under private signature dated November 29th 1869, hereonto attached for reference, a resident of the Parish of Calcasieu, State of Louisiana, who declared that for and in consideration of the sum and price of Eight hundred 00/100 Dollars, cash in hand paid, (receipt whereof is hereby given therefor,) he did and does by these presents bargain, sell, assign, convey, set over and deliver unto Phillip J. Bonny a resident of this Parish of St. Mary, here present and accepting the following property to wit:
That certain Town Lot lying and being situate in the Town of Franklin, Parish of St. Mary, having a front of One hundred & Fifty feet more or less on the West side of First street of said Town by the depth that belongs to the same supposed to be One hundred & Fifty feet together with the buildings and improvements thereon, bounded, North, by lot of C. Kurtz, East by said First street, South by lot of A. C. Dumartrait, and West by lot of said James Hughes. Said lot being the same as acquired by the husband of said vendor from George Allen, by act of sale executed before Joshua Baker Parish Judge on the 21st of April 1830, therein described as lots 30 & 31 of the Town of Franklin, See Book "C" page 113 No. 1112.
By agreement of said parties the cash payment above stated is made by said vendee Three hundred Dollars in cash paid over to said attorney who acknowledges due possession & delivery of the same, and the remaining Five hundred Dollars is deposited by said vendee in the hands of James G. Parkerson as the Recorder aforesaid, and only to be withdrawn from his hands when this sale shall be confirmed by said Mrs. Nancy Hughes or by mutual agreement of said appearers, the certificate or receipt for said deposit has been handed over to said James Hughes who acknowledges possession thereof.
To have and to hold the said conveyed property unto the said purchaser his heirs and assigns, in full property forever, with full and general warranty of title, free from all liens, mortgages and incumbrances whatever, and with full subrogation to all the rights of warranty and all other rights held into the said property by the present vendor.
The parties agree to dispense with the Certificate required by Article 3328 of the Civil Code of this State, and exonerate me, said Recorder, from all liability on account of the nonproduction of the same.
The United States Revenue Tax of One Dollar upon this act has been paid as required by the United States Internal Revenue Law.
Thus done and passed at my office, at Franklin in the Parish of St. Mary, on this Seventeenth day of January Eighteen hundred and Seventy in presence of Auguste Trastour & Samuel F. Marks both competent witnesses, who have signed these presents with the said appearers and me, said Recorder, after due reading. James Hughes, Philip J. Bonney, A. Trastour, S. F. Marks, J. G. Parkerson, Recorder.

Recorded, January 17th 1870