From Lake Co, IL Circuit Court, 12/12/1881, Case# A1390, George H Wisner vs
Sarah A Canfield etal, (the etal being all the heirs of his grandfather William
George H Wisner is asking for the deed to his grandfather’s property. Nowhere is George H Wisner’s relationship to William Wisner stated. The first several pages of the file are summons documents. The following is the basis for George's case. I would be happy to share the entire file with any other interested descendants.
This indenture made and entered into this twenty fifth day of November in the year one thousand eight-hundred and seventy one between William Wisner of the town of Avon, County of Lake, in the state of Illinois party of the first part and George H Wisner of the town of Avon, County of Lake, state of Illinois party of the second part Witnesseth
That the said party of the first part for and in consideration of the sum of one dollar in hand paid by said party of the second part and in consideration of the covenants and ???? -hereinafter contained to be kept done and performed by said second party and in consideration of the agreements contained in one certain promissory note ????? even dates herewith made executed and delivered by said party of the second part to the said party of the first part payable as follows, together with other covenants herein mentioned. Said note payable ten (10) years from date for three thousand dollars without interest and the party of the second part agrees to keep and provide for the said party of the first part and his wife Elizabeth Wisner during their natural lives in sickness and in health in a suitable manner and give them a decent burial and put to their graves suitable grave stones after their deaths as part of the consideration these covenants and the party of the second part agrees ??? he will not sell or convey the herein after described premises during the lifetime of the parties mentioned above. The party of the first part agrees to sell to said party of the second part all that certain piece or parcel of land lying and being in the County of Lake and the state of Illinois."
A legal description of the property follows excluding parcel previously deeded to William H Hall and a cart path deeded to Samuel Edwards and William Moore. Then continues:
",said party of the first part further covenants and agrees for himself his heirs executors and administrators that upon full and complete payment of the same money and covenants in said promissory note specified for the payment of the same, and upon full and complete performance of all the covenants and agreements hereinafter contained on the part of the party of the second part to be kept and performed in all things and at the time thenin stipulated that he will convey to the said party of the second part his heirs and assigns by good and sufficient warranty deed free from all incumbrance the premises above described.
And the said party of the second part for himself his heirs executors administrators and assigns covenants and ??? that he will well ?????? pay before sale all taxes and assements which shall or may be made levied or assessed upon said premises, or any part thereof during the continuance of this agreement, and one dollar for the expenses of making a deed. And it is further hereby agreed and covenanted by and between the parties hereto, that time is and shall be deemed and taken to be of the essence of this agreement: and in case default shall be made in the payment of said before described promissory note or any or either of these or any
???? ???? of ??? ??? the same shall become due and payable by the terms ??? or no case the said party of the second part shall fail to observe perform and keep any and all the covenants herein before mentioned and set forth on the part of said second party to be kept done and performed therein, ????, and in this case this agreement shall be absolutely null and void and of no force and effect whatsoever, and all payments of due sum or sums of money which may or shall have been paid heron by the said second party or his assigns, said party of the first part and his legal representatives may have and retain as damages force breech of this contract and said party of the first part may take full and immediate possession of the said above described premises as his first and former estate, using all the force which may be necessary to obtain the actual possession of said premises or any portion of and such entry by force (if necessary) shall not be held or ???? as a trespass nor shall forces such nor in any wise unlawful."
It was signed by both parties and witnessed by William H Hall.
The agreement was recorded in Lake County book 37 of Mortgages on pages 305-306.
The record goes on to state the following:
On June 27, 1881 William H Hall was appointed administrator of the Estate of William Wisner.
On November 25, 1881 George H Wisner paid his note in full to William H Hall.
On December 12, 1881 George H Wisner sued William H Hall and the descendants of William Wisner to have the deed for the property made out to him.