Forbes vs. Apalachicola Land Company

Forbes vs. Apalachicola Land Company

Lower Court

  • Franklin County

Date

  • 1853

Box

  • 440

Folder

  • 773

Transcript

This Indenture, made this Twenty first day of February in the year of our Lord one thousand eight hundred and fifty three between Joseph Delafield and Lewis Curtis, Trustees of THE APALACHICOLA LAND COMPANY, of the first part, and George S. King of the State of Florida-

Of the second part: Whereas, by Indenture, dated the twenty-eighth day of November, one thousand eight hundred and thirty-five, made by and between the proprietors and owners of the tract of land, situate, lying and being in the late Territory, now State of Florida, known as FORBES & CO.'S PURCHASE, of the first part, and Louis McLane, Charles Augusts Davis and Joseph M. White, of the second, they , the said owners and proprietors of the said tract of land, did bargain, sell, alien and convey unto the said McLane, Davis and White, the said tract of land, and all their right, title and interest therein; Upon the Trusts, and to and for the uses and purposes specified and expressed in certain articles of agreement, bearing even date with the said Indenture, duly made and executed by the said several owners and proprietors; which said Indenture and articles of agreement are recorded in the offices of the clerks of the several counties in Florida, in which the said lands are situate; And Whereas, in and by the said articles of agreement, it was amongst other things declared and agreed, that the said lands should constitute a common fund, and that sales and conveyances thereof should be made for the benefit of the aid owners and proprietors, who thereby associated themselves together as a company, to be known by the name of the APALACHICOLA LAND COMPANY; And it was also Provided and Agreed, in the said articles of agreement, that the Trustees should hold their offices for the term of three years, at the expiration of which the trusts should close, unless renewed as therein provided: And further, that the stockholders of the said Company, or two-thirds of them in interest concurring, might, after the period of three years, alter or modify the provisions of the said agreement in such manner as they might think most conducive to the interests of the concern: And Whereas, under and in virtue of the said provisions, certain indentures of agreement have been duly made and executed under the hands and seals of certain of the stockholders of the said Company, owning or representing more than two-thirds in interest therein, whereby and by means whereof, the said articles of agreement have been altered and modified, and the said trusts renewed and continued, and whereby the said parties of the first part were made and appointed the Trustees of the said Company, and it was declared and agreed that the said lands and trust premises should be granted and conveyed to them upon the trusts, and to and for the uses and purposes mentioned in the original articles of agreement, and in the said several agreements aforesaid: And Whereas, in pursuance of the directions, provisions and agreements contained in the said original articles, and in the said several agreements modifying, renewing and continuing the same, the said trust premises, or so much and such parts thereof as remained unsold, have by divers indentures of conveyance, duly made and executed under the hands and seals of the former Trustees, and duly recorded in the county clerks' office in Florida aforesaid, been granted and conveyed to the said parties hereto of the first part, To be had and holden, to them, their heirs and assigns, as joint tenants, and not as tenants in common, Upon the Trusts, and to and for the uses and purposes aforesaid; And Whereas, the land hereinafter described, is part and parcel of the lands so as aforesaid granted and conveyed to the said parties of the first part, and they, the said parties of the first part, have full power and lawful authority to grant, sell and convey the same as hereinafter mentioned: Now this Indenture Witnesseth, that the said parties of the first part, for and in consideration of the sum of Two hundred and fifty dollars to them in hand paid by the said party of the second part, at or before the ensealing and delivery-