By Amorin Mello

 

Madeline Island Museum

Julius Austrian Papers

Folder 6: James Hughes Affair (1853-1866)

 


 

J. Austrian

Power of Attorney to

J. Hughes

“State of Wisconsin”
“La Pointe County”
“Office of Register of Deeds”

Received for Record on this 10th day of December 1853 at 7 O Clock P.M. and Recorded on Pages 20 and 21 in Book A of Records of Deeds.

Robt. D. Boyd

Register of Deeds

 

– – – – – – – – – –

 

James Bibb Hughes of St. Paul, MN, and Hudson, WI.
Newsman; Politician; Abolitionist.
~ Wikipedia.org

Know all men

Moses S. Gibson was a prominent banker and politician in Hudson, WI.

by these presents that I Julius Austrian of La Pointe, Lapointe County and state of Wisconsin, have made, constituted, and appointed and do by these presents, make, constitute and appoint James Hughes now of La Pointe my lawful Attorney for me and in my name, place and stead to, to sell, alien, and convey, any and all rights, title claim and interest that I have or may have unto any lands or lands purchased by me as the public land sales at Willow River or the second day of May A. D. 1853 for which I hold a Duplicate No 242 signed by Moses S. Gibson received Dated May 2, 1853.

Giving and granting unto my said Attorney full power and Authority to do and perform all and every act or thing whatsoever, requisite and necessary to be done and performed in and about the Premises, as fully & completely, to all intents and purposes as I myself might or could do if I were personally present with full authority to make deeds or deeds for lands sold & to receive money & receipt for same here by ratifying and confirming all the acts or acts of my said Attorney (as fully as I myself could do & [cause?] to be [owner?]) by virtue thereof.

In testimony whereof I have hereunto set my hands & seal this 30th day of May AD 1853

Julius Austrian

 

Signed Sealed & delivered
in Presence of

Henry Smitz
S Goff

 


 

State of Wisconsin
County of La Pointe

Schuyler Goff later became a La Pointe County Judge and involved with Penokee mixed-blood lands.

S. Goff came personally before me and being duly sworn according to laws, Says, That, he signed the annexed foregoing power of Attorney from Julius Austrian to James Hughes bearing date on the 30 day of May AD 1853, as one of the subscribing witnesses thereto, and that his Deponents signature thereon and thereto, is genuine, that Deponents was then and still is acquainted with and personally knew the said Julius Austrian who signed the said Power of Attorney, and that he signed the same in the presence of this Deponent at the time the same bears date. To wit: on the 30th day of May AD 1853, and the said Julius Austrian’s signature thereto and thereon is genuine.

S. Goff

Subscribed and Sworn
to before me the 10th day
of december AD 1853

John W. Bell
Justice of the peace

 


 

This Agreement

made and entered into between Charles H Oakes, Michael E Ames and Isaac Van Etten of St Paul, Minnesota Territory of the first part and James Hughes of Hudson Wisconsin, of the second part witnesseth:

Julius Austrian purchased the American Fur Company’s La Pointe Lands from the Bealieu/Borup/Oakes family of white and mixed-blood fur traders.
Michael E. Ames and Isaac Van Etten were lawyers and politicians in Minnesota Territory during the 1850’s.
Austrian and Oakes both signed the 1847 Treaty at Fond Du Lac.
Austrian and Van Etten were both involved with Chippewa Mixed Blood Land Fraud.

That the said parties of the first part do hereby agree to pay or cause to be paid, the sum of Three Hundred and fifty Dollars, to be paid unto the said James Hughes, party of the second part, as soon as two certain Warranty Deeds made and executed by Julius Austrian through and by the said James Hughes, his Attorney in fact, to the parties of the first part of even date herewith, shall by duly Recorded in the office of the Register of La Pointe county, Wisconsin, upon the express condition however, that no deed or other instrument of conveyance of the lands described in the said Deed, or any part of them, has been executed or Recorded in said County or State from Julius Austrian, or from his Attorney in fact previous to the Record of the above deeds, to the parties of the first part.

And upon the further condition that the entry or purchase from the United States Government, of the said Austrian of said lands mentioned and described in said Deeds to the parties of the first part, shall be held good and valid by the Government and not vacated or cancelled, and that a patent issue from the United States Government therefore and perfecting the title thereof in the parties of the first part.

And the parties of the first part further agree to pay unto the said James Hughes the further sum of Six Hundred Dollars after and out of the proceeds of the sale of a portion of the property ( Real Estate described in the said two Deeds of Julius Austrian, executed and delivered to the parties of the first, by said James Hughes, as Attorney in fact, for said Austrian above named, after the same shall have been sold and proceeds therefrom realized and not before.

Charles Henry Oakes
La Pointe fur trader; Chippewa treaties signatory; father of a mixed-bloods family; St. Paul banker and Free Mason.
~ Findagrave.com

It is further understood and agreed by and between the parties of the first part, and the party of the second part hereto that the payments of the above sums or either of them, is dependent and upon the express condition, that the said Warranty Deed, bearing even date herewith, to the parties of the first part above herewith, to the parties of the first part above described, does and shall convey and vest a good perfect and legal title of the lands describe therein, in and to the parties of the first part, their heirs and assigns in fee simple, free of all adverse title or titles, and free from all incumbrance (Excepting a certain Mortgage upon a part of the premises to secure the payments of about fifteen Hundred Dollars, from the said Austrian to Charles H Oakes of the parties of the first part).

Otherwise it is understood and agreed that the party of the second part, has not and shall not have any claim whatever when the parties of the first part for the payment of the above mentioned sums, or any part thereof.

In witness whereof, we have hereto set our hands the 1st day of December AD 1853

in duplicate form

Signed Chas H Oakes

[Other signatories cut off in scan]

Isaac Van Duzer Heard was also a Minnesota Territory lawyer and politician during the 1850’s.

In presence of

I V D Heard

 


 

Julius Austrian

To.

Charles H Oakes
Michael E Ames
Isaac Van Etten

Warranty Deed

“State of Wisconsin”
“County of La Pointe”
“Office of Register of Deeds”

Received for Record on the 10th day of December 1853 at 7 O Clock P.M. and Recorded on Pages 22, 23, and 24 in Book A of Records of Deeds.

Robt. D. Boyd
Register of Deeds

 

– – – – – – – – – –

 

THIS INDENTURE,

made this first (1st) day of December is the year of our Lord one thousand eight hundred and fifty three.

BETWEEN

Julius Austrian (by James Hughes his attorney in fact)

of the county of La Pointe and State of Wisconsin of the first part, and

Charles H Oakes Michael E Ames and Isaac Van Etten

of the second part,

WITNESSETH, that the said party of the first part, for and is in consideration of the sum of

One Thousand ($1000)

Dollars, in hand paid by the said parties of the second part – the receipt whereof is hereby acknowledged – has given, granted, bargained, sold, conveyed, and confirmed, and by these presents, does give, grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns, forever, all the following described pieces or parcels of land, situate, lying and being in the County of La Pointe ^and State of Wisconsin^ and known and designated as follows, vis:

The lots of this deed are outlined in red, describing La Pointe (New Port and Middleport) for a total of 306.28 acres.  This is roughly 80 acres short of “Containing 382 23/100 Acres of land”.
~ General Land Office

Lots numbered three (3) four (4) and five (5) in Section No thirty (30) in Township No. fifty (50) North of Range NO. three (3) west, and Lots Numbered One (1) two (2) three (3) and four (4) in Section Number thirty one (31) in said Township No fifty (50), Range No three (3) aforesaid, according to the Survey of the United States government and Platts thereof, [ben?] and hereby intending, to convey the same, and all of the pieces, [pared?] or lots of land heretofore entered, bids of or purchases by the said party of the first part from the United States Government, on or about the second day of May AD 1853, or at any other time.  Containing 382 23/100 Acres of land.

TO HAVE AND TO HOLD THE SAME,

This deed is not recognized at the General Land Office or the Ashland County Register of Deeds.  Nor do they have any original land patent for these lands at all for that matter.

together with all and singular the appurtenances and privileges thereunto belonging, or in any wise appertaining, and all the Estate, Right, Title, Interest and Claim whatsoever, of the said partof the first part, either in Law or Equity, in and to the above described premises, to the only proper use, benefit, and behoof of the said parties of the second part, their heirs, and assigns forever.  And the said party of the first part, for himself his heirs, executors, and administrators, does COVENANT AND AGREE to and with the said parties of the second part, their heirs and assigns, that he is well seized in fee of the aforesaid premises, and has good right to SELL and CONVEY the same in manner and form as above written, and that the same are free of all incumbrances whatever ; and that the aforesaid premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against every person lawfully claiming or to claim the whole or any part thereof, he will forever WARRANT AND DEFEND.

 

IN TESTIMONY WHEREOF, the said party of the first part, has hereunto set his hand and seal the day and year first above written.

Julius Austrian

By James Hughes

his Attorney in fact

Sealed and Delivered in Presence of

The words “and State of Wisconsin” first [intertriced?] before signing.

I V D Heard

Truman M Smith

 

Truman Mott Smith was also a banker.
~ Minnesota Historical Society via Minnesota Public Radio

Territory of Minnesota,
COUNTY OF Ramsey

BE IT KNOWN, that on the first (1st) day of December A. D., before the undersigned, personally came James Hughes (the attorney in fact of the said Julius Austrian) the grantor to the foregoing and within DEED, from him as such grantor to Charles H Oakes Michael E Ames and Isaac Van Etten grantors, and to me personally known to be the identical person described in, and who by James Hughes his said attorney in fact executed the said deed, and the said James Hughes his attorney in fact acknowledged that he executed the said deed, freely and voluntarily, for the uses and purposes therein expressed, for in behalf and on the part of the said Julius Austrian [grantors?], aforesaid, 

Truman M Smith

Justice of the Peace

 

– – – – – – – – – –

 

Territory of Minnesota
County of Ramsey

I do hereby certify that Truman M Smith, Esq before whom this within acknowledged [guest?] was taken was at the time the same bears date, a Justice of the Peace in and for said County, duly Elected & qualified to act as such, & to take Acknowledgement of Deeds,
that I am well acquainted with his hand writing & believe the within signature purporting to be his, to be his genuine signature. And that the within Deed is Executed & Acknowledged according to the laws of said Territory.

In testimony whereof I have hereunto set my hand & affirm the seal of the District Court of said County, at St. Paul, this 3rd day of December A. D. 1853. [A. J. Mutney?] Clerk.

by Sherwood Hough

Dept. Clerk of said Court

 


 

Julius Austrian

To

Charles H. Oakes
M E Ames
Isaac Van Etten

Warranty Deed

“State of Wisconsin”
“Lapointe County”
“Office of Register of Deeds”

Received for Record on this 10th day of December, 1853 at 7 O Clock P.M. and Recorded on pages 24, 25, and 26 in Book A of Records of Deeds.

Robert Dundas Boyd was a La Pointe County Judge, married to Julia Cadotte of the La Pointe Band, and a nephew of President John Quincy Adams.  Boyd was shot to death in an Ashland bar fight.

Robt. D. Boyd
Register of Deeds

 

– – – – – – – – – –

 

THIS INDENTURE,

made this first (1st) day of December is the year of our Lord one thousand eight hundred and fifty three.

BETWEEN

Julius Austrian (by James Hughes his attorney in fact)

of the county of Lapointe and State of Wisconsin of the first part, and

Charles H Oakes Michael E Ames and I Van Etten

of the second part,

WITNESSETH, that the said party of the first part, for and is in consideration of the sum of

One hundred and fifty ($150~)

Dollars, in hand paid by the said parties of the second part – the receipt whereof is hereby acknowledged – has given, granted, bargained, sold, conveyed, and confirmed, and by these presents, does give, grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns, forever, all the following described pieces or parcels of land, situate, lying and being in the County of La Pointe ^and State of Wisconsin^ and known and designated as follows, vis:

Roughly 80 acres are highlighted in blue, labeled as Austrian’s Sawmill on the 1852 PLSS survey map. This is located along what is now Pike’s Creek south of the Bayfield Road on the mainland.
~ General Land Office

The South West quarter of the North West quarter of Section No twenty one (21) and the North west quarter of the south west quarter of said section No. twenty one (21) in Township No fifty (50) North, of Range No. four (4) containing Eighty Acres more or less.

Borup and Oakes built La Pointe (New Fort) and the Sawmill for the American Fur Company.
“In 1845, the American Fur Company built a small sawmill near the mouth of what came to be known as Pike’s Creek (S21 T50N R4W). A dam provided waterpower for the mill’s operation. It was operated by the company for only a brief period of time before being sold to Julius Austrian, who in turn sold it to Elisha Pike in 1855.”
~ The Sawmill Community At Roy’s Point by Mary E. Carlson, 2009, page 14.
According to the General Land Office, these 80 acres were entered by Joseph Austrian (via Power of Attorney to his brother Julius Austrian); the north 40 acres on July 5th, 1854, and the south 40 acres on June 6th, 1855.  Both dates occurred after James Hugh’s sale.
Joseph Austrian had an interesting adventure at Austrian’s Sawmill, during the winter of 1851/1852.

TO HAVE AND TO HOLD THE SAME,

together with all and singular the appurtenances and privileges thereunto belonging, or in any wise appertaining, and all the Estate, Right, Title, Interest and Claim whatsoever, of the said partof the first part, either in Law or Equity, in and to the above described premises, to the only proper use, benefit, and behoof of the said parties of the second part, their heirs, and assigns forever.  And the said party of the first part, for himself his heirs, executors, and administrators, does COVENANT AND AGREE to and with the said parties of the second part, their heirs and assigns, that he is well seized in fee of the aforesaid premises, and has good right to SELL and CONVEY the same in manner and form as above written, and that the same are free of all incumbrances whatever ; and that the aforesaid premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against every person lawfully claiming or to claim the whole or any part thereof, he will forever WARRANT AND DEFEND.

IN TESTIMONY WHEREOF, the said party of the first part, has hereunto set his hand and seal the day and year first above written.

Julius Austrian

By James Hughes

his Attorney in fact

Sealed and Delivered in Presence of

The words “and State of Wisconsin” first [introduced?] before signing.

I V D Heard

Truman M Smith

 

Territory of Minnesota,
COUNTY OF Ramsey

BE IT KNOWN, that on the first (1st) day of December A. D., before the undersigned, personally came James Hughes the attorney in fact of the said Julius Austrian the grantor to the foregoing and within DEED, from him as such grantor to Charles H Oakes Michael E Ames and I Van Etten grantors, and to me personally known to be the identical person described in, and who by James Huges his said attorney in fact executed the said deed, and by James Hughes his attorney in fact and who acknowledged that he executed the said deed, freely and voluntarily, for the uses and purposes therein expressed, for in behalf and on the part of the said Julius Austrian [grantors?], aforesaid, 

Truman M Smith

Justice of the Peace

 

– – – – – – – – – –

 

Territory of Minnesota
County of Ramsey

I do hereby certify that Truman M. Smith Esq. before whom the within Acknowledgment was taken, was at the date thereof, a Justice of the Peace in and for said County, duly Elected & qualified to act as such, & to take the Acknowledgement of Deeds, that I am well acquainted with his hand writing and believe the signature to the within certificate purporting to be his, to be his genuine signature. And that the within Deed is Executed & Acknowledged according to the laws of this Territory.

In Testimony whereof I have hereunto set my hand & affix the Seal of the District Court of said County at St. Paul this 2nd day of December A.D. 1853. Clerk.

by Sherwood Hough

Dept. [Crt?] Clerk
of the Dist Court
of said County

 


 

Hudson, Wisconsin
Dec. 4th 1853

Julius Austrian Esq.

Doctor Charles William Wulff Borup was Charles Henry Oakes’s brother-in-law; and business partner at the American Fur Company in La Pointe, and as bankers and Free Masons in St. Paul.

Dear Sir,

WILLIAM H. SEMMES was born in Alexandria, Virginia. He came to Hudson in 1851, and practiced law, as a partner of Judge McMillan, in Stillwater. He was a young man of great promise, but died early and much lamented, Sept. 13, 1854.”
~  
Fifty Years in the Northwest, by W. H. C. Folsom, 1888, page 169.

I have first learnt, by report, that Col. Hughes by virtue of a power of att’y given him by you, has sold to Borup and Oaks the whole La Pointe property, for the sum of four thousand dollars. You had better at once draw, execute and have placed on record a written revocation of the Power of Attorney. The revocation should be acknowledged before a justice of the peace as same as a deed.

If this report be true you had better come down at once.

Yours truly

W. H. Semmes

 


 

Notice to the Public

Julius Austrian
~ Madeline Island Museum

Whereas James Hughes of Hudson in the County of St Croix and State of Wisconsin, on the first day of December AD 1853, did execute to Charles H Oakes, Michael E Ames and Isaac Van Etten, under a pretended power of attorney from Julius Austrian and without any authority from him, or either of the under signed, two several deeds, one of which deeds had described therein, the following described lands, lying in the County of La Pointe and State of Wisconsin, to wit:

the south west quarter of the north west quarter of Section No twenty one (21), and the north west quarter of the south west quarter of Section No Twenty one (21) in Township No fifty (50) North of Range No four (4) containing eighty acres more or less,

and the other of said deeds had described therein the following described lands to wit:

Lots numbered Three (3) four (4) and five (5) in Section No Thirty (30) in Township No fifty (50) north of Range No Three (3) west and Lots numbered one (1) two (2) three (3) and four (4) in Section No Thirty one (31) in said Township No fifty (50) Range No Three (3) aforesaid.

Henry Smitz lived with the Austrian Family and was a trusted employee.

And whereas the said lands were entered and purchased by Julius Austrian from the Government of the United States on the 2nd day of May 1853. And whereas the said Julius Austrian, did, on the 23rd day of May AD 1853, execute and deliver to one Henry Smitz of La Pointe County, a deed of conveyance in fee simple of the undivided one sixth part of the following described lands, to wit:

Lots Nos three (3) four (4) and five (5) in Section No thirty (30), and Lots Nos one (1) two (2), three (3) and four (4) of Section No Thirty one (31) in Township No fifty (50) North of Range No three (3) in the said County of La Pointe.

And whereas neither the said Julius Austrian, nor the said Henry Smitz, has conveyed any part or portion of the rel estate above described & any person. And whereas further the said James Hughes had no legal or equitable power or authority from the said Julius Austrian and Henry Smitz or either of them, to sell or convey the said above described lands, on the said first day of December AD 1853 or at any time previous or subsequent of that day.

Now therefore notice in hereby given to all persons, that the said Julius Austrian and Henry Smitz, nor either of them do not, and never have recognized the authority of the said James Hughes to make the deeds aforesaid of the said laws, and do not recognize the acts of the said James Hughes in the premises. And that the said Julius Austrian and Henry Smitz, do now claim and have ever since the said 23rd day of May 1853, claimed the legal title to and ownership of, and the sole right to sell and convey the following described lands; to wit;

Lots Nos three (3), four (4) and five (5) in Section No Thirty (30) and lots Nos one (1) two (2), three (3) and four (4) of Section No Thirty one (31) in Township No fifty (50) North of Range No three (3) West.

And that the said Julius Austrian does now claim and has ever since the 2nd day of May 1853, claimed the legal title to and the ownership of and the sole right to sell and convey the following described lands, to wit;

the South West quarter of the North West quarter of Section No Twenty one (21) and the North West quarter of the South West quarter of Section No Twenty one (21) in Township No fifty (50) North of Range No four (4) West, containing eighty acres more or less.

And all persons are therefore hereby warned, notified and forbidden from purchasing of, or receiving any manner of conveyance or conveyances from the said Charles H Oakes, Michael E Ames and Isaac Van Etten, or either of them, of any part or portion of the above described lands.

Hudson, St Croix County, Wisconsin
December 23 1853

Julius Austrian
Henry Smitz

 


 

To Messrs Charles H. Oakes, Michael E. Ames and Isaac Van Etten and to each and everyone of you

You are hereby notified that the conveyances made to you by James Hughes on the first day of December A.D. 1853 under a pretended power of attorney from Julius Austrian, of the following described lands to wit:

the South West quarter of the North West quarter of Section No. twenty one (21), and the North West quarter of the South West quarter of Section No. twenty one (21) in Township No. fifty (50) North of Range No. four (4) containing eighty acres more or less; and also Lots numbered three (3) four (4) and five (5) in Section No thirty (30) in Township No. fifty (50) North of Range No. three (3) West, and Lots numbered one (1) two (2) three (3) and four (4) in Section No. thirty one (31) in said Township No. fifty (50) Range No. three (3) aforesaid in the County of La Pointe and state of Wisconsin,

were made in fraud of the rights of the said undersigned, the said Julius Austrian and Henry Smitz to the said lands and without any authority from the said Julius Austrian and Henry Smitz or either of them, either by power of attorney or otherwise, to the said James Hughes.

And you are therefore hereby notified that we the said Julius Austrian and Henry Smitz claim the legal title to and the ownership of the following described lands to wit:

lots numbered three (3) four (4) and five (5) in Section No. thirty (30) in Township No. fifty (50) North of Range No. three (3) west and Lots numbered one (1) two (2) three (3) and four in section No. thirty one (31) in said Township No. fifty (50) Range No. three (3) aforesaid being in the County of La Pointe and state of Wisconsin.

And you are further notified hereby that the said Julius Austrian claims the legal title to and ownership of the following described lands to wit:

the South West quarter of the North West quarter of Section No. twenty one (21) and the North West quarter of the South West quarter of Section No. twenty one (21) in Township No. fifty (50) North of Range No. for (4) containing eighty acres more or less.

And that we the said Julius Austrian and Henry Smitz do not and neither of us does, recognize the acts of the said James Hughes concerning the said above described lands and hereby forbid you and each of you from executing any conveyance or in any manner encumbering the title to the lands above described or any part thereof.

Dated at Hudson December 23d 1853

Julius Austrian
Henry Smitz

 


 

Mr. [McCloud?]

You will please deliver to Julius Austrian the enclosed papers upon my sending you a quit claim deed signed by Chas. H. Oakes & wife, Michael E. Ames & wife & I. Van Etten & wife for the lands embraced in two certain Deeds executed by said Austrian by James Hughes his atty-in- fact to said Oakes, Ames & Van Etten which deeds will accompany said Quit Claim Deeds.  The [?????ed ??? you?].

I Van Etten

[????] discharge of [??????]

I Van Etten

 

 

– – – – – – – – – –

 

Quit Claim Deed

Chas. H. Oakes
and others

to

Julius Austrian

Office of Register of Deeds
La Pointe County Wis

I hereby Certify that the within Deed was filed in this Office for Record October 10th 1859 a [M?] and was duly Recorded in Book A of Deed Vol 3 on pages 333 & 334.

John W Bell

Register of Deeds

Fee 10$

 

– – – – – – – – – –

 

Know all men by these present.

That we Charles H Oakes and Julia B., his wife, Issac Van Etten & Jan I., his wife & Michael E. Ames & Josephine, his wife, of the County of Ramsey in the State of Minnesota. & the first part in consideration of the sum of three Hundred Dollars were?] in [hand?] [paid?] by Julius Austrian of La Pointe County in the State of Wisconsin, the receipt whereof is hereby a acknowledged, have bargained, sold, and quit claimed, deed of these presents do bargain, sell and quit claim unto the said Julius Austrian, his heirs and assigns forever, all [our?] rights, title, intersets, claim and severance in and [wled?] following described pieces or parcels of land situate and being in the County of La Pointe and State of Wisconsin [as is?] described as follows, to wit:

Lots Number three four & five (3, 4 & 5) in Section Number thirty (30) in Township No fifty (50) North of Range No Three (3) West, and lots one (1) two (2) three (3) and four (4) in Section number thirty-one (31) in said Township No fifty (50) Range No Three (3), and the South West quarter of the North West quarter of Section Number twenty one (21), and the North West quarter of the South West quarter of said Section number twenty one (21) in Township Number fifty (50) North of Range No four (4), being the same lands conveyed by said Julius Austrian by James Hughes his Attorney in fact to said Oakse & Van Etten & Michael E. Ames, by Deeds dated Dec [1?] 1853.

To Have and to Hold the above Quit claimed Premises with all the privileges and appurtenances thereto belonging to the said Julius Austrian, his heirs and assigns forever, so [cleat?] neither [we do?] said parties of [wofeist?] part, [??] in heirs or assigns shall have any claims, rights, or title in [?] to the aforesaid premises.

In Witness [????] We have hereunto set our [hand?] and seal, the thirtieth day of September, AD; 1859.

Isaac Van Etten
Jane I. Van Etten
M. E. Ames
Josephine Ames
Chas. H. Oakes
Julia B. Oakes

Signed, Sealed & Delivered
in presence of

[Harvey Affrcer?]
Thomas Van Etten

 

– – – – – – – – – –

 

State of Minnesota
County of Ramsey

Be it Remembered that in this 18th day of September AD. 1859, at St Paul in said County & State formerly same before nee, [Iwrue denjued?]. Charles H Oakes and Julia B. his wife, Isaac Van Etten and Jane I. his wife and Michael E Ames and Josephine his wife [fernaly? Rumb? me? who? elusegues?] & [seates?] of [deepering?] deed and acknowledge that they embrace the same for [lew? o? wiwre?] therein expressed, and the said Julia B. Jane I. and Josephine afersaid being by nee examined separate and apart from their said husbands acknowledge that they executed said deed freely.

 


 

United States of America

State of Minnesota,
Secretary’s Office.

Francis Baasen
“He was born in Luxembourg, Germany and came to America when he was 19 years of age. […] He was Minnesota’s first Secretary of State, assuming office on May 4, 1858.”
~ Findagrave.com

The Secretary of State of the State of Minnesota, does hereby certify, that Thomas Van Ettan whose name appears subscribed to the annexed instrument, was, at the date thereof, a NOTARY PUBLIC, in and for the State of Minnesota, residing in the County of Ramsey duly appointed and qualified, and empowered by the laws of this State, to administer Oaths, take Depositions, Acknowledgements of Deeds, and other written instruments, and exercise all such powers and duties, as by the law of Nations and according to commercial usages, may be exercised and performed by Notaries Public, and that full faith and credit are due and should be given to his official acts as such Notary.

In Testimony Whereof, I have hereunto set my hand and affixed the Great Seal of the State, at the Capitol, in Saint Paul, this Fifteenth day of September A. D. 1859

Francis Baasen

Secretary of State,

 


 

Rec’d August 11, 1866,

of Julius Austrian $766.50 (by draft for 450$ & 210 94/100 acres of land valued at $1.50 per acre) in full satisfaction of a certain deed presents rendered & [d???etece] in the District Court of the United States for the District of Wisconsin in July 3, 1861 for $1127.94 damages & $74.70 cents in my favor & against said Austrian.

C. H. Oakes

by I. Van Etten
his Atty.

 


 

Bayfield Aug 11, 1866

Mr Julius Austrian

Dr Sir

Finding this Judgement dated July 3, 1861, may reveal more details about the James Hughes Affair of 1853 and other scandals at La Pointe.

In consideration of my settlements this day made I agree to obtain & file a [satisfactuis?] of the Judgement I obtained against you July 3, 1861, in the District Court of the United States for the District of Wisconsin, as soon as I leave [reach?] Madison.

[Y?? ? ?]

I. Van Etten

for C. H. Oakes

By Amorin Mello

 

Madeline Island Museum

Julius Austrian Papers

Folder 3: La Pointe Lands

Scans #1-25 transcribed  (#26-55 not transcribed)

 


 

Mortgage Deed
Julius Austrian to Charles Oakes

Office of Register of Deeds
La Pointe County Wis.

I hereby certify that the within is a true copy from the Records in my office of an instrument recorded June 9th 1853 at 10 O’clock AM in Book A of Deeds Vol 1 pages 18 & 19.

John William Bell Sr. was the white father of a La Pointe Band mixed blood family; an employee of the American Fur Company, La Pointe County politician.

John W Bell

Register of Deeds

Fees 7-

 

– – – – –

 

Charles henry oakes

Charles Henry Oakes built New Fort for the American Fur Company, was the white father of a La Ponte Band mixed-blood family, and signed several Treaties.
~ Findagrave.com

This Indenture

made the Second day of May in the year of Our Lord One thousand Eight-hundred and fifty three, Between Julius Austrian of the County of La Pointe and State of Wisconsin of the first part, and Charles H Oakes of Minnesota of the second part; Witnessed, that the said party of the first part, for and in consideration of the sum of Sixteen (16) Hundred Dollars in hand paid by the said party of the Second part, the receipt whereof is hereby acknowledged, has given, granted, bargained, sold, conveyed and confirmed, and by those present does give, grant, bargain, sell, convey and confirm unto the said party of the Second part, his heirs and assigns forever all the following described piece or parcel of land situated, lying and being in the County of La Pointe, and State of Wisconsin, known and designated as follows, to wit;

“10 acres or there abouts of Lots 3, 4 & 5 Section 30 to be selected and resumed for Light House purposes of order of the President bearing date the 4 [Apl.?] 1853 see letter of Secr Interior [apl?] 4 /53.
The above lots 3, 4 & 5 with drawn from market util the selection is made see Comt. Instructions to [R.y R. Apl.?] 28 /53 and June 18 /53.
Reservation rescinded by order of the President March 3 /54 see Instructions to [R.g R.y?] March 7 /54.”
~ General Land Office

Lot number four (4)  is New Fort (downtown) La Pointe.
~ General Land Office

Lot number four (4) Township fifty (50) Section No. thirty (30) and Range No. three west containing sixty seven & 82/100 acres of land according to the Government Survey.

To have and to hold the same, together with all and singular the appurtenances and privileges thereunto belonging or in any wise appertaining and all the Estate Right, Title, Interest and Claim whatsoever, of the said party of the first part, either in Law or Equity, in and to the above described premises, to the only proper use, benefit and behoof of the said party of the second part, his heir and assigns forever, and the said Julius Austrian party of the first part for himself his heirs Executors and administrators do covenant and agree to and with the said party of the second part, his heirs and assigns that he is well seized in Fee of the aforesaid premises, and has good right to sell and convey the same, in manner and form as above written, and that the same are free of all incumbrances whatever, and that the aforesaid premises, in the quiet and peaceable possession of the said party of the second part, his heirs and assigns, against all and every person lawfully claiming or to claim the whole or any part thereof, he will forever warrant and defend.

83-238-347b-julius-austrian

Julius Austrian
~ Madeline Island Museum

Provided nevertheless that if the said Julius Austrian of the first part, his heirs, administrators, executors or assigns shall well and truly pay or cause to be paid to the said Charles H Oakes party of the second part, his heirs, executors, administrators or assigns the sum of Sixteen (16) Hundred Dollars, lawful money, in six equal annual payments, according to the condition of six certain notes bearing even date with, then this deed to be null and void, otherwise to be and remain in full force and effect, but if Default shall be made in the payment of the said sum of money, or the interest, or of any part thereof, at the time herein before specified for the payment thereof, the said party of the first part, in such case, does hereby authorize and fully empower the said party of the second part his executors, administrators or assigns, to sell the said hereby granted premises, at Public Auction, and convey the same the same to the purchase in Fee Simple, agreeably to the statute in such case made and provided, and out of the moneys arising from such sale, to retain the Principal and interest, which shall then be due on the said notes, together with all costs and charges, and pay the overplus (if any) to the said Julius Austrian, party of the first part his heirs, executors administrators or assigns.

In testimony whereof the said party of the first part has hereunto set his hand and seal the day and year first above written.

Julius Austrian

Sealed and delivered in presence of

Isaac Van Duzer Heard was a St. Paul lawyer and worked for many years as the Ramsey County prosecuting attorney.”
~ Findagrave.com

Isaac V D Heard
I Van Etten

 

Territory of Minnesota
County of Ramsay

Be it known that on the second day of May AD 1853, before the undersigned, personally came Julius Austrian the Grantor to the foregoing and within Deed from him as such Grantor to Charles H Oakes, to me personally known to be the identical person described in and who executed the said deed, and who acknowledged that he executed the said deed freely and voluntarily for the uses and purposes therein expressed.

Isaac Van Etten was a Minnesota Territory Senator.

I Van Etten

Notary Public
Minnesota Territory

 


 

Charles W. W. Borup and Charles H. Oakes: married into the La Pointe mixed blood Beaulieu family; built the American Fur Company outift at New Fort, La Pointe; and started Minnesota’s first bank.
HeritageAuctions.com

St. Paul, May 2nd 1853

$200

On or before the fifteenth day of June A.D. 1854 I promise to pay Charles H. Oakes, on order, at the office of Borup and Oakes at St. Paul, Min. Ter. The sum of Two Hundred dollars, value received, and in case of default in the above payment then I agree to pay interest on the same at the rate of ten percent per annum until paid.

Julius Austrian

 

– – – – –

 

St. Paul, May 2nd 1853

$300

On or before the first day of November A.D. 1854, I promise to pay Charles H. Oakes, on order, at the office of Mesfrs. Borup and Oakes, St. Paul, Min. Ter., the sum of Three Hundred dollars, value received—and in case of default in the payment of the above sum of money, then I agree to pay interest on said principal sum at the rate of ten percent per annum until paid.

Julius Austrian

 

– – – – –

 

St. Paul, May 2nd 1853

$200

On or before the fifteenth day of June AD 1856, I promise to pay Charles H. Oakes on order at the office of Borup & Oakes, in St. Paul, Min. Ter. the sum of two hundred dollars, value received, and in case of default in the payment of the above sum, then I promise to pay interest on the same as at the rate of ten percent per annum until paid.

Julius Austrian

 

– – – – –

 

St. Paul, May 2nd 1853

$400

On or before the first day of November AD, 1856, I promise to pay Charles H. Oakes on order at the office of Borup and Oakes, St. Paul, Min. Ter. the sum of four hundred dollars, value received and in case of default of the payment of the above sum, then I promise to pay interest on the same at the rate of ten percent per annum until paid.

Julius Austrian

 


 

[Filed 11/30/89]

Power of Att’y

from Jos Austrian
to Jul. A.

Registers certificate inside.
Recorded.

– – – – –

State of Michigan
County of Houghton

Joseph Austrian lived at La Pointe with his brother Julius during 1851 and 1852.
~ Austrian Papers

Know all men by these presents that I Joseph Austrian of Eagle River county of Houghton and State of Michigan have made, authorized, nominated and appointed and by these presents do make authorize nominate and appoint Julius Austrian of La Pointe county of La Pointe and State of Wisconsin my attorney for me and in my name and to my use, to enter into, and take possession of all such messuages, lands tenements, hereditaments, and real estate whatsoever, in La Pointe County of La Pointe State of Wisconsin, whereof I now am, or hereafter may be by any ways or means howsoever entitled or interested in, either in severalty and jointly or in common with any other person or persons.

And also for me and in my name, to grant, bargain, and sell, the same messuages lands, tenements and hereditaments, or any part, share or portion thereof, and all such rights, titles, interest, claim, and demand both in law and equity, as I may have in the same, for such sum and price, and on such terms, as to him shall seem meet, and for me and in my name to make, execute, and deliver good and sufficient deeds and conveyances for the same, and every part thereof, either with or without covenants and warranty.

The north coast of La Pointe was patented in Joseph Austrian‘s name during 1852.
~ General Land Office

And while the sale thereof, for me, and in my name, and for my use, to let and do wise the same real estate or any part of parts thereof for the best rent that can be gotten for the same.

And also for me and in my name, and to my use to ask, demand, recover and receive all sums of money which shall become due, owing or payable to me by means of any such bargain, sale or lease. And to have, use, and take, all lawful ways and means for the recovery thereof by attachment, unrest, distress, or otherwise, and to compound, arbitrate, and agree, for the same and aquittances or sufficient discharges for the same, for me and in my name, to make, seal and deliver, and generally to do, execute, and perform, every thing that may be neccesary in and about the premises, as fully in every respect as I myself might or could do, if I were personally present.

And an attorney or attorneys under him for any or all of the purposes aforesaid, to make and substitute, and again at pleasure to revoke. And I hereby ratify, allow, and confirm, all, and whatsoever my said attorney shall do or cause to be done, in and about the premises by virtue of these presents. In witness whereof I have hereunto set my hand and seal.

Eagle River May 31st 1854.

Joseph Austrian

Signed Sealed and delivered in the presents of

Charles Hembeck was a Houghton County postmaster.

Charles Hembeck
A W. Senter

 

State of Michigan
County of Houghton

Personally appeared before me Joseph Austrian and acknowledged that he executed the within Power of Attorney, and I further certify, that I well know the said Joseph Austrian, and that he is the same individual who is described as the within conveyance and who executed the same. Eagle River May 31st 1854.

Simon Mandelbaum was a competitor of Joseph Austrian in Eagle River.

Simon Mandlebaum

Justice of the Peace

Houghton County
Michigan

– – – – –

 

STATE OF MICHIGAN,

County of Houghton

I James Crawford Clerk of said County of Houghton DO HEREBY CERTIFY, that Simon Mandlebaum – whose name is subscribed to the Certificate or proof of acknowledgement of annexed Instrument, and therein written, was, at the time of taking such proof or acknowledgement a Justice of the Peace in and for said County, duly Elected and qualified, and duly authorized to take the same; AND FURTHER, that I am well acquainted with the hand writing of such Justice of the Peace and verily believe that the signature to the said Certificate or proof of acknowledgement is genuine; I FURTHER CERTIFY, that said Instrument is executed and acknowledged according to the Laws of this State.

James Crawford moved from New York City to Keweenaw Point in 1845.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Eagle River this Twelfth day of September A. D. 1856.

James Crawford
Clerk.

 


 

A Warranty Deed

S S Vaughn and Peter B Vanterventer
to
M. H. Manddlebaum
7 day April A. D. 1855

Recd for Record April 7 1855 at 4 Oclock P.M and Recorded in Book A of Deeds on Page (127)

John W Bell
Register of Deeds for
La Pointe County
Wis

 

– – – – –

 

Samuel Stuart Vaughn
~ Western Reserve Historical Society

Know all men

by these presents that we S. S. Vaughn and Peter B Vanderventer and Caroline Vanderventer his wife of the Town and County of Lapointe and State of Wisconsin in consideration of Two hundred Sixty Two and a half dollars to us paid by M. H. Manddlebaum of Town County and State aforesaid the receipt whereof we do hereby acknowledge do by these presents give grant bargain sell and convey unto the said M H Manddlebaum his heirs and assigns a certain piece of land described as follows to wit lot No F??? one in Section No Four and lot No one in Section No Five Township no Forty nine range no Three containing Fifty two acres and forty seven hundreth of an acre together with all the privileges and appurtenances to the said land in any wise appertaining and belonging.

Vaughn/Vanderventer‘s lots 1 & 1 by Old Fort (Grant’s Point) La Pointe.
~ General Land Office

Peter B. Vanderventer lived at the mouth of Thompson Creek west of what is now Washburn; and the white father of a La Pointe Band mixed blood family.  His wife was Caroline Moreau.
Max. H. Mandelbaum was an employee (and relation?) of the Leopolds & Austrians family at La Pointe.

To have and to hold the above granted granted premises to the said M. H. Manddlebaum his heirs and assigns and to his and their use and behoof forever. And we S. S. Vaughn and Peter B Vanderventer and Caroline Vanderventer his wife for ourselves our heirs executors and administrators do covenant with the said M. H. Manddlebaum his heirs and assigns that we are lawfully seized in fee of the aforesaid premises that they are free from all incumbrances that wee have a good right to sell and to convey the same to the said M. H. Manddlebaum as aforesaid and that we will and ours heirs executors and administrators shall warrant and defend the same, to the said M H Manddlebaum his heirs and assigns forever against the lawful demands of all persons.

In testimony whereof we have hereunto set our hand and seal this 7 day of April A.D. 1855

S. S. Vaughn
P. B Vanderventer
Carline (her X mark) Vanderventer

Antoine Gordon was an influential Mixed Blood member of the La Pointe Band.

Sealed and delivered in presence of

John W Bell
A. Gaudin

 

State of Wisconsin
Lapointe County
April 7th 1855

They personally appeared before me the above named S. S. Vaughn, Peter B Vanderventer and Caroline wife of said Peter B. Vanderventer, who severally acknowledged they did sign and seal the foregoing instruments as their free act and deed, and the said Caroline wife of said Peter B Vanderventer on a private examination before me separate and apart from the said husband acknowledged that she did execute the foregoing deed without any fear or compulsion from her said husband or any other person.

John W Bell

Justice of the Peace in & for
Lapointe County Wisconsin

 


 

Deed ~

Antoine & Sarah Gaudin
to Joseph Austrian

Received for Record June 16 1855 [???] and Recorded in Book A of Deeds on page 153.

John W Bell Register for
La Pointe County Wisconsin

 

– – – – –

 

WARRANTY DEED. —  Printed and sold by SANFORD & HAYWARD, Cleveland, Ohio.

To all People to whom these Presents shall come—GREETING:

KNOW YE, That

we Antoine Gaudin of the County of La Pointe and State of Wisconsin and Sarah wife of said Antoine Gaudin

Antoine Gordon king midas flour

Mr. and Mrs. Antoine Gordon,
the founders of Gordon,
would have liked King Midas Flour.”

~ History of Gordon

For the consideration of the sum of two hundred and fifty dollars received to our full satisfaction of Joseph Austrian of Eagle River in the State of Michigan do give, grant, bargain, sell and confirm unto him the said Joseph Austrian the following described TRACT or LOTS of LAND, situate in the township of Lapointe being number (49) in the third range of Townships, which is also in the county of Lapointe and is known

as Lots two (2) and three (3) of section number five (5) containing one hundred acres (100)

Gordons’ lots 2 & 3 near Old Fort (Grant’s Point) La Pointe.
~ General Land Office

TO HAVE AND TO HOLD the above granted and bargained premises, with the appurtenances thereunto belonging, unto him the said Joseph Austrian his heirs and assigns forever, to his and their own proper use and behoof. And we the said Antoine Gaudin and Sarah his wife do, for ourselves our executors and administrator, covenant with the said Joseph Austrian his heirs and assigns, that at, and until the ensealing of these presents we are well seized of the premises, as a good and indefeasible estate in FEE SIMPLE, and have good right to bargain and sell the same in manner and form as above written, and that the same be free from all incumbrance whatsoever. And furthermore, we the said Antoine Gaudin and Sarah his wife do by these presents find ourselves, our heirs, forever, to WARRANT AND DEFEND the above granted and bargained premises to him the said Joseph Austrian his heirs and assigns, against all lawful claims and demands whatsoever. And I the said Sarah wife of the said Antoine Gaudin do hereby remise, release, and forever quit claim unto the said Joseph Austrian his heirs and assigns, all my right and title of dower in the above described premises.

Sarah Dingley;
wife of Antoine Gaudin.

In Witness Whereof, we have hereunto set our hands and seals the fourteenth day of June in the year of our Lord one thousand eight hundred and fifty five.

A. Gaudin
Sarah (her X mark) Gaudin

Signed, Sealed and Delivered
in presence of

John .W. Bell.
M. H. Mandelbaum

 

THE STATE OF WISCONSIN,
COUNTY OF LA POINTE.

June 14 1855.

Personally appeared before the me above named Antoine Gaudin and Sarah his wife who acknowledged that they did sign and seal the foregoing instrument, and that the same is their free act and deed. I further certify, that I did examine the said Sarah wife of said Antoine Gaudin separate and apart from her husband, and did then and there make known to her the contents of the foregoing instrument, and upon that examination she declared that she did voluntarily sign, seal and acknowledge the same, and that she is still satisfied therewith.

John W. Bell
Justice of the Peace

 


 

Warrantee Deed

Joseph Austrain
to
Francois Cadotte

Office of Register of Deeds
La Pointe County Wis

I hereby Certify that the within Deed was filed in this office for Record Jany 21st 1858 A M and was duly Recorded in Book A of Deeds Vol [2 or 3?] and page 239.

John W Bell
Register

Fees $1.00

 

– – – – –

 

WARRANTY DEED.
Sold by E. Terry & Co., Milwaukee

This Indenture,

Made the Twenty first day of January in the year of our Lord one thousand eight hundred and fifty eight between

Joseph Austrian by Julius Austrian his attorney in Fact Party of the first part and Francois Cadotte of Lapointe County Wisconsin, party of the second part.

Antoine and Frank Cadotte (son and grandson of Michael and Madeline Cadotte, and Mixed Blood member sof the La Pointe Band).
~ Madeline Island Museum

Witnesseth, That the said party of the first part, for in consideration of the sum of Forty dollars Lawfull Money of the United States of America to him in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged has given, granted bargained, sold, remised, released, aliened, conveyed, and confirmed, and by these presents does give, grant, bargain, sell, remise, release, alien, convey, and confirm unto the said party on the second part, and his heirs and assigns forever

the following Described Real Estate situated in the County of of Lapointe and State of Wisconsin, and Known as Lot number Thirty four (34) in the Town of Lapointe according to the Recorded Plat of said town as recorded in the Registers Office of said County of Lapointe.

Cadotte‘s block 34 in downtown La Pointe.
~ Julius Austrian Papers (maps folder)

Together with all and singular the Hereditaments and Appurtenances thereunto belonging, or in any wise appertaining; and all the estate, right, title, interest, claim, or demand whatsoever of the said party of the first part, either in Law or Equity, either in possession or expectancy of, in and to the above-bargained premises, and their Hereditaments and Appurtenances TO HAVE AND TO HOLD the said premises as above described, with the Hereditaments and Appurtenaces unto the said party of the second part, and to his heirs and assigns forever.

And the said Joseph Austrian by his P attorney for himself his heirs, executors, and administrators, does convenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these present, he is well seized of the premises above described, as of a good, sure, perfect, absolute, and indefeasible estate of inheritance in the Law, in fee simple, and that the same are free and clear from all incumbrances whatever, and that the above-bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns against all and every person or persons, lawfully claiming the whole or any part thereof [???] will forever WARRANT AND DEFEND.

In Witness Whereof, the said party of the first part, has hereunto set his hand and seal the day and year first above written

Joseph Austrian

by Julius Austrian
his Att in fact.

Sealed and delivered in presence of

John W Bell

STATE OF WISCONSIN
COUNTY OF La Pointe

Be it Remembered, that on the Twenty first day of January A. D. 1858 personally came before me the above-named Joseph Austrian by Julius Austrian his attorney in fact to me known to be the person who executed the said Deed, and acknowledged the same to be his free act and deed, for the uses and purposes therein mentioned.

John W Bell
Justice of the Peace

 


 

Antoine Gordon & wife
to Julius Austrian

Office of Register of Deeds
La Pointe County Wis

I hereby Certify that the within Deed was filed in this Office for Record July 11th 1858 oclk and was duly Recorded in Book A of Deeds Vol 2 & page 296.

J W Bell
Register

rec 1 day of July 1861
$550 – 7%.

 

– – – – –

 

WARRANTY DEED.  Sold by E. Terry & Co., Milwaukee.

This Indenture,

Made the Eleventh day of February in the year of our Lord one thousand eight hundred and fifty eight between

Antoine Gaudin and Sarah Gaudin his wife of La Pointe County & State of Wisonsin of the first part and Julius Austrian of the Same County and State party of the Second part.

Witnesseth, That the said parties of the first part, for and in consideration of the sum of Eight hundred Dollars receipt whereof is hereby confessed and acknowledged, has given, granted bargained, sold, remised, released, aliened, conveyed, and confirmed his heirs and assigns forever

Gordonslot 9 in downtown La Pointe.
~ Julius Austrian Papers (maps folder)

the following Described Real Estate situated and lying in the Town of La Pointe as on Record in the Registers Office of Lapointe County aforesaid and known and Descried as follows being Lot number nine (9) in Block number Thirty six (36) in Said Town of Lapointe, hereby absolutely Revoking and annulling a Deed of Gift, Executed by us to our son Edward on the eighth day of May 1855, and witnessed by John W Bell & William Morin and Recorded same day in the Registers Office of Lapointe County in Book A of Deeds Vol 1 & page 138 for the said described premises.

“It was in September of 1860 when two canoes rounded a bend in the St. Coix river seeking a landing. This was the last year of peace for this nation for four long, bitter years of civil war. The leader of this group was one Antoine Guerdonn of the LaPointe Tradiing Post on Lake Superior.”
~ History of Gordon

Together with all and singular the Hereditaments and Appurtenances thereunto belonging, or in any wise appertaining; and all the estate, right, title, interest, claim, or demand whatsoever of the said parties of the first part, either in Law or Equity, either in possession or expectancy of, in and to the above-bargained premises, and their Hereditatments and Appurtenances. TO HAVE AND TO HOLD the said premises as above described, with the Hereditaments and Appurtenances, unto the said party of the second part, and to his heirs and assigns forever.

“During the winter of 1860-61 Gordon purchased a tract of land from the Wisconsin Land and Improvement Company and the Henry Rice Land Company.  He then sold his interests at LaPointe and built a Trading Post at this place that the Indians called Amick, The Beaver, in the Chippewa Tongue.”
~ History of Gordon

And the said Antoine Gaudin & wife for themselves heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these present, they are well seized of the premises above described, as of a good, sure, perfect, absolute, and indefensible estate of inheritance in the Law in fee simple, and that the same are free and clear from all incubrances whatever, and that the above-bargained premises, in the quiet and peaceable possession of the said party of the second part, his heirs and assigns against all and every person or persons, lawfully claiming the whole or any part thereof He will forever WARRANT AND DEFEND.

In Witness Whereof, the said parties of the first part, has hereunto set their hands and seals the day and year first above written.

A. Gaudin
Sarah (her X mark) Gaudin

Sealed and delivered in presence of

John W Bell
John [Clikf?]

 

STATE OF WISCONSIN
COUNTY OF Lapointe

Be it Remembered, that on the Eleventh day of February A.D. 1858 personally came before me the above-named Antoine Gaudin & Sarah Gaudin his wife to me known to be the persons who executed the said Deed, and acknowledged the same to be their free act and deed for the uses and purposes therein mentioned.

John W Bell
Justice of the Peace

 


 

Warrantee Deeds

Francis Cadotte
to
Julius Austrian

Office of Register of Deeds
La Pointe County Wis.

I hereby Certify that the within Deed was filedin this Office for Record May the 8th 1858 at M and was duly Recorded in Book A of Deeds Vol 2 on pages 370 & 71

John W Bell
Register of Deeds

Fees $7-

 

– – – – –

 

WARRANTY DEED. Sold by E. TERRY & CO., Milwaukee.

This Indenture,

Made the Eighth day of May in the year of our Lord one thousand eight hundred and fifty Eight between

Francis Cadotte of LaPointe County, Wisconsin, party of the first part and Julius Austrian of Lapointe county party of the second part.

Witnesseth, That the said part of the first part, for and in consideration of the sum of Forty Dollars lawfull money of the United States to him in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged has given, granted, bargained, sold, remised, released, aliened, conveyed, and confirmed, and by these presents does give, grant, bargain, sell, remise, release, alien, convey, and confirm, unto the said party of the second part, and his heirs and assigns forever

the following described Real Estate situate in the County of LaPointe and State of Wisconsin, and Known as Lot Number Thirty four (34) in the Town of La Pointe, according to the Recorded Plat of said Town as Recorded in the Registers Office of said County of La Pointe.

Block 34 in New Fort (downtown) La Pointe.
~ Julius Austrian Papers (maps folder)

Together with all and singular the Hereditaments and Appurtenances thereunto belonging, or in any wise appertaining; and all the estate, right, title, interest, claim, or demand whatsoever of the said party of the first part, either in Law or Equity, either in possession or expectancy of in and to the above-bargained premises, and their Hereditaments and Appurtenances.  TO HAVE AND TO HOLD the said premises as above described, with the Hereditaments and Appurtenances made the said party of the second part, and to his heirs and assigns forever.

And the said Francis Cadotte for himself his heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these present, he is well seized of the premises above described, as of a good, sure, perfect, absolute, and indefensible estate of inheritance in the Law, in fee simple, and that the same are free and clear from all incumbrances whatever, and that the above-bargained premises, in the quiet and peaceable possession of the said party of the second part, his heirs and assigns against all and every person or persons, lawfully claiming the whole or any part thereof He will forever WARRANT AND DEFEND.

In Witness Whereof, the said party of the first part, has hereunto set his hand and seal the day and year first above written.

Francis Cadotte

Sealed and delivered in presence of

John W Bell

 

STATE OF WISCONSIN
COUNTY OF La Pointe

Be it Remembered, that on the Eight day of May A.D. 1858, personally came before me the above-named Franis Cadotte to me known to be the person who executed the said Deed, and acknowledged the same to be his free act and deed, for the uses and purposes therein mentioned.

J W Bell
Justice of the Peace

 


 

Office of Register of Deeds

La Pointe County Wisconsin Sept 5th 1859

I hereby Certify that up to this date, that the two United States Patents, to Julius Austrian numbered (79,458) and(2421) for Lands on Madeline Island have never been Recorded in this Office, nor any instrument from any person, in relation to any of the lands embraced in said Patents, and that the same are free from all incumbrances.

John W Bell

Register of Deeds