Notes in the case of JHF against JR, 30 October 1858

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J. H. F. refuses to make the first payout] (1/2 due 1st Jan. 1859) until J. R. makes him a deed in his own name. This J. R. was willing to do from the 1st to the 18th of Jany JHR being then present & ready to make the deed either to JR or JHF as he should be directed. J. H. F.'s plea up to that time was that he did not have the money. On the 18th [illegible line] himself ready to make his payment provided JR would make him a deed in his own name. (the [tiitle being still in J.H.R.) J. H. R. upon having had left a deed from himself to J.H.R. which however he was not willing to recover. J. R. there upon wrote him a note containing these propositions. 1st to give him J.H.R.'s deed & take his bond with security for the last payment or 2nd Eexecute a receipt to him for the amt. paid & good security thereto holding himself bound to make a deed in his own name when the whole amt. was paid.

By J.R. Can I sue Mr F in Equity immediatly for the penalty ($500]) or must I wait until the last payment is due to see whether he intends to settle at all or not? I do not doubt that I am bound to make him a deed in my own name but the question is, am I bound by the articles to execute the deed before he pays the full amt. of the purchase money, & if not am I bound to wait until the last payment becomes due before I can proceed [vs?] him for either the first payment or penalty

In short has he not broken the contract & if so am I not intitled to claim the penalty & first payment immediately.

Last edit about 2 years ago by MaryV
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13 [Nat.?] K. [illegible] [Evg. Enanth?] {Mr. [Baibrer?]} {'' [McLeavs?]} {'' Chiltin} {'' [LW. Lewis?]} {'' [Bingan?]} {'' Binkner}

Last edit about 6 years ago by CHoward
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3.

Articles of agreement made & entered into this the 30th day of October 1858 between J. R. of this first part and J. H. F. of the second part, both of the County of Rockingham & State of South Carolina: Witnesseth that the condition of this alligations is as follows to wit: the said J. R. hath this day bargained & sold to the said J. H. F. a certain tract or parcel of land to be cut off the tract called Oregan Hill now owned by J. H. R. and including the Sawmill Seat and begins at [J. C. W.'s corner?] on Cattle road: (Boundaries explained and plot for the same) Supposed to contain one hundred acres more or less for the sum of two dollars per acre the one half of which said amount well and truly to be paid on or before the first day of January 1859 and the ballance four months thereafter. And the said J. R. binds himself his heirs &tc. upon the payment of the purchase money herein stipulated a good & lawful title to make to the aoce specified lands & promises.

Now know ye that if either of the contracting parties shall fail to comply with the above written contract each agree with the other that the failing part shall well & truly pay to the other party five hundred dollars, good and lawful money, provided the said land has not been previously disposed of by the said J. H. R. For the true payment of the above stipulated, the contracting parties agree to bind themselves, their heirs & assigns, in witness whereof we have here unto set our hands & Seals this the day & date first above mentioned

J.R. - Seal J.H.F - Seal

Last edit about 2 years ago by MaryV
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