Transcription Tuesdays: 1933 Contract for Deed of Henry H. Dwyer and Winnifred Carey

So I know this is not a Tuesday but I wrote it on a Tuesday and forgot to post it and in my book that counts :) This is the contract for Deed between my third great grandparents (Henry H. Dwyer and Winnifred Carey) and a woman named Celestine Friedmann. I found it in my grandpa's basement.

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Whats interesting is that Henry Dwyer didn't sign. He only 'marked' it. This means that instead of signing, someone else wrote his name and he marked an x to show that he agreed to the terms. This was usually only reserved to people who were unable to write, but in censuses Henry Dwyer lists himself as completely literate. I wonder what sort of circumstances lead to him being unable to write in 1933.

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[[Cover]]

CONTRACT FOR DEED

INSTALLMENTS

Henry Dwyer

and wife

to

Mrs Nicholas Celestine Friedmann

Office of Register of Deeds

[[End of Cover]]

[[inside pages]]

[[Page header]]

No.1685—Contract For Deed—Installments

Miller-Davis Company, Mfg. Stationers, Minneapolis, Minn.

[[End of Page header]]

[[Main Body]]

This Agreement, made and entered into this 10^th day of November, A.D. 1933 , by and between Henry Dwyer and Winnifred Dwyer his wife parties of the first part, and Celestine Friedmann party of the second part,

                Witnesseth, That if the party of the second part shall first make the payments and perform the covenants hereinafter mentioned on her part to be made and performed, the said parties of the first part hereby covenants and agrees to convey and assure the said party of the second part, in fee simple, clear of all encumbrances whatever, by a good and sufficient Warranty Deed, the lot, piece or parcel of ground, Situate in the County of Freeborn and State of Minnesota, known and described as part of the South West quarter of the section 35 Township 103 North Range 21 West and beginning for the same at a parish on the east side of highway no. one Eleven Hundred Forty seven (1147) feet two and one half (2 ½) inches north of the south line of said south west quarter and running thence east and parallel with said south line Sixty (60) rods—Thence due north Thirteen and one third (13 1/3) rods—Thence west parallel with said south line Sixty (60) rods to the east side of said highway—Thence south binding on said highway thirteen and one third (13 1/3) rods to the point of beginning—containing Five acres of land more or less—subject to the rights of the farm tenant until march first 1934

And the said party of the second part hereby covenants and agrees to pay the said parties of the first part the sum of Five hundred (500) dollars for said land payable at the First National Bank at Albert Lea Minnesota, in the manner following:

            The sum of $15 at or before the execution of this contract;

            The sum of $10 on the Fifteenth day of December 1933

            The sum of $10 on the Fifteenth day of January 1934

            The sum of $10 on the Fifteenth day of February 1934

            The sum of $10 on the Fifteenth day of March 1934

            The sum of $17.50 on the Fifteenth day of April 1934

            The sum of $17.50 on the Fifteenth day of May 1934

            The sum of $17.50 on the Fifteenth day of June 1934

            The sum of $17.50 on the Fifteenth day of July 1934

            The sum of $17.50 on the Fifteenth day of August 1934

            The sum of $17.50 on the Fifteenth day of September 1934

            The sum of $17.50 on the Fifteenth day of October 1934

            The sum of $17.50 on the Fifteenth day of November 1934

And the sum of Fifteen (15) dollars on the 15^th day of each succeeding month until and including May 15^th 1935 and the balance thirty days thereafter

With interest at the rate of six per cent per annum, payable_____ annually on the whole sum remaining from time to time unpaid, and to pay all taxes, assessments or impositions that may be legally levied or imposed upon said land subsequent to the year 1933. And in the case of the failure of said party of the second part to make either of the payments, or interest thereon, or any part thereof, or perform any of the covenants on her part hereby made and entered into, then the whole of said payments and interest shall at the election of said first parties become immediately due and payable, and this contract shall at the option of the parties of the first part be canceled and determined, and all right, title and interest acquired thereunder by said second party; said notice to be in accordance with the statute in such case made and provided.

            It is mutually understood and agreed by and between the parties to this Contract that thirty days is a reasonable and sufficient notice to be given to said second party, in case of failure to perform any of the covenants on her part hereby made and entered into, and shall be sufficient to cancel all obligations hereunto on the part of the said first parties, and fully reinvest them with all right, title and interest hereby agreed to be conveyed, and the party of the second part shall forfeit all payments made by her on this Contract, and her right, title and interest in all buildings, fences or other improvements whatsoever, and such payments and improvements shall be retained by said parties of the first part in full satisfaction and in liquidation of all damages by them sustained, and they shall have the right to re-enter and take possession of the premises aforesaid.

IT IS MUTUALLY AGREED, By and between the parties hereto, that the time of payment shall extend to and be obligatory upon the heirs, executors, administrators and assigns of the respective parties.

            In Testimony Whereof, Both parties have hereunto set their hands and seals the day and year hereinbefore written.

SIGNED SEALED AND DELIVERED IN PRESENCE OF Daniel W. Dwyer

The mark of Henry Dwyer (Seal)

Winnifred Dwyer (Seal)

Celestine Friedmann (Seal)

Raymond Dwyer (Witness)

[[End of Inside pages]]