STATE OF SS. COUNTY. Court Term, A.D. 19 (name of the administrator) administrator of the goods and estate of (name of deceased) deceased, vs. (names of the defendants, who should be the widow and heirs of the deceased.) And now comes the petitioner by his solicitor and presents his petition herein, and it satisfactorily appearing to the court that the defendants have been duly served with summons herein by the sheriff of county, and that the defendants are non-residents of the State of and have been duly notified of this proceeding by publication as required by law, it is therefore ordered by the court, that the said defendants be called. And they, being three times solemnly called, came not, nor any one for them, but herein failed and made default; which it ordered to beentered of record; and it further appearing to the court that the said (names of defendants who are minors) are minors, and have a guardian, to wit, the said (name of the guardian). And afterwards the said (name of guardian) as such guardian comes and files his answer herein, neither admitting nor denying the allegations in said petition contained, but reserv ing the right of said minor by requiring proof. And this cause having been brought on to be heard upon the petition herein taken as confessed by the answer of said guardian and the exhibits and proofs, and the testimony of (name of the witness or witnesses called in the case) witness duly sworn, who testified herein in open court, and it satisfactorily appearing to the court from the evidence that the said (name of the decered\ departed this life on or about the day of A.D. 19 , leaving (name of his widow) his widow and (name of his children) his children and only heirs at law; that the petitioner herein was duly appointed administrator of the goods and estate of said (name of deceased) deceased, and that letters of administration were duly granted to him by this court, bearing date on the A.D. 19 day of and the court having ascertained that said petitioner as aforesaid has made a just and true account of the condition of the estate of said deceased to this court, and that the personal estate of said deceased is not sufficient for the payment of the debts of the said (name of the deceased) deceased; and the court having found the amount of the deficiency aforesaid to be the sum of dollars, besides interest and costs, and it further appearing to the court that the said (name of the deceased) died seized of the following described real estate, situate in the County of and State of wit: (here describe carefully the land or premises granted, by metes and bounds, and contents or quantity, or boundary marks or monuments, and refer to the deed of the land to the deceased, under which he held it) and the court having ascertained that it will be necessary to sell the said real estate , to to pay the deficiency aforesaid, with the expenses of administration now due and to accrue; it is therefore ordered, adjudged, and decreed, that the said petitioner proceed, according to law, to advertise and make sale of the real estate above described, or as much thereof as may be necessary to pay the debts now due from said estate, and the costs of administration now due and to accrue. And it is ordered and decreed by the court, that said sale shall be made on the following terms, viz.: (here set forth the terms, place, time, and manner of the sale as prescribed in the decree) which terms shall be distinctly set forth in all the advertisements of said sale. It is further ordered that upon such a sale being made, that said (name of said administrator) shall make and execute to the purchaser or purchasers of said real estate, good and sufficient deed or deeds to convey the interest of said deceased therein at the time of his decease, and that said (name of the administrator) report his action in the premises with all convenient speed. And it is further ordered, that his cause stand continued for said report. And Whereas, In pursuance of said order and decree, the said party of the first part did, on the day of A.D. 19 ↑ between the hours of ten o'clock in the forenoon and five o'clock in the afternoon of such day, at (place of sale) expose to sale by public vendue, to the highest bidder, the lands and real estate so ordered to be sold, in said decree, having first given notice of the time, terms, and place of such sale, with a description of such lands and real estate, according to the terms and requirements of said order and decree, and of the statute regulating such sales, as will more fully and at large appear by the report of such sale, made by said party of the first part, as administrator as aforesaid, to the sail court. And Whereas, At such sale, the said party of the second part became the purchaser of the following described lands and real estate, being the highest bidder therefor, at the following price; that is to say (here state what part, or the whole, of the above-described lands were sold, and at what price). Now Therefore, This indenture witnesseth, that the said party of the first part, by virtue of the order and decree aforesaid, and in consideration of the premises, and for the further consideration of the sum of dollars, to him in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell, and convey unto the said party of the second part, his heirs and assigns, the lands and real estate last above described as having been sold to the said party of the second part, to have and to hold the same with all the appurtenances thereunto belonging, or in anywise appertaining, to the only proper use, benefit, and behoof of the said party of the second part, and his heirs and assigns forever. And the said party of the first part, for the consideration aforesaid, covenants with the said party of the second part, and his heirs and assigns, that he has in all respects complied with the order and decree aforesaid, and with the directions of the law generally in such case made and provided. In Witness Whereof, The said party of the first part as administrator as aforesaid, has hereunto set his hand and seal the day and year first above written. This day personally appeared before the undersigned. within and for the county and State aforesaid, executor of the estate of (name of deceased) deceased, who is personally known to me to be the person whose name as such is subscribed to the foregoing deed, 's having executed the same, and acknowledged that he had as such execufor subscribed to the foregoing deed, as having executed the same, and acknowledged that he had as such executor executed the same for the uses and purposes therein expressed. In Witness Whereof, I have hereunto set my hand and at my office in said county, this day of (160.) seal, A.D. 19 (Signature.) (Seal.) Deed of Referee on Foreclosure, in use in the Middle States. This Indenture, Made the day of one thousand nine hundred and in the year between (name and resi dence of the referee and grantor), a referee duly appointed as hereinafter mentioned, of the first part, and (name, residence, and occupation of the grantee) of the second part. day of Term of the (name of the court) court, on one thousand eight hundred and the it was among other things ordered and adjudged by the said court, in a certain action then pending in the said court, between (names of plaintiff and defendant in the action). That all and singular the mortgaged premises mentioned in the complaint in said action, and in said judgment described, or so much thereof as might be sufficient to raise the amount due to the plaintiff for principal, interest, and costs in said action, and which might be sold separately, without material injury to the parties interested, be sold at public auction, according to the course and practice of said court, bv or under the direction of the said party of the first part as referee thereby, duly appointed for that purpose; that the said sale be made (here state the directions in the order of court as to the place and time of the sale) that the said referee give public notice of the time and place of such sale, according to the course and practice of said court, and that any of the parties in said action might become a purchaser or purchasers on such sale; that the said referee execute to the purchaser or purchasers of the said mortgaged premises, or such part or parts thereof as should be sold, a good and sufficient deed or deeds of conveyance for the same. day of And Whereas, the said referee, in pursuance of the said judgment of the said court, did on the one thousand nine hundred and sell at public auction at (the place of sale) the premises in the said judgment mentioned, due notice of the time and place of such sale being first given, agreeably to the said judgment; at which sale the premises hereinafter described were struck off to the said party of the second part for the sum of dollars, that being the highest sum bidden for the same. Now this indenture witnesseth, that the said referee, the party of the first part to these presents, in order to carry into effect the sale so made by him as aforesaid, in pursuance of the judgment of said court, and in conformity to the statute in such case made and provided, and also in consideration of the premises, and of the said sum of money so bidden as aforesaid, being first duly paid by the said party of the second part, the receipt whereof is hereby acknowledged, hath bargained and sold, and by these presents doth grant and convey unto the said party of the second part, the premises aforesaid, situate, bounded, and described as follows (describe here the premises sold as directed in Form 107). To Have and to Hold all and singular the premises above mentioned and described, and hereby conveyed, or intended so to be, unto the said party of the second part, his heirs and assigns, to and for his and their only proper use, benefit, and behoof. In Witness Whereof, The said referee as aforesaid, hattı hereunto set his hand and seal, the day and year first above written. described in, and who executed the above conveyance, and acknowledged that he executed the same. (Signature.) (161.) Deed of Collector of Taxes. To all Persons to whom these Presents shall come, I, (name and State of duly chosen and qualified at the last annual meeting of the inhabitants of said town, held on the last past Whereas, the assessors of said town of (name of the town) in their list of assessments committed to me, the said (name of the collector) to collect, have assessed (name of the party for whose taxes the land is sold) a resident owner of a certain tract of land situated in said bounded and described as follows, viz. (describe the premises as directed in Form 107) the sum of (amount of tax) and 100 dollars, as a tax on said premises for the year nineteen hundred and And Whereas I, the said (name of collector) have demanded payment of said tax of (name of party taxed) more than fourteen days before proceeding to advertise and sell as hereinafter set forth. And Whereas, the said (name of the party taxed) has given no written authority to any inhabitant of said town, as his attorney to pay the tax im posed on said land, and no mortgagee of said land has given written notice to the clerk of said town, that he the said mortgagee holds a mortgage thereon, nor given written authority to any inhabitant of said town as his attorney, to pay said tax. And Whereas, I, the said having given public notice of the time and place of sale of the said land, for the non-payment of said tax, by an advertisement thereof three weeks successively, in the newspaper called the printed and published in in said county, the last publication of said advertisement being one week before the time of said sale: also by posting a like notice on said land three weeks before the time of said sale; and also by posting a like notice (here state whatever other places the notice was posted at) being two public places in зaid town, three weeks before the time of said sale, which notices severally contained the name of the said (name of the party taxed) and the amount of the tax assessed on said land; also a substantially accurate description of said land, did, on the instant, pursuant to the authority and notice aforesaid, no person appearing to pay said tax, and it being the opinion of me, that the said land could not be conveniently divided and a part thereof set off without injury to the residue, and judging it to be most for the public interest to sell the whole of said land, sell, at public auction, the said land above described, to (name of purchaser and grantee) for the sum of and dollars, he being the highest bidder therefor. day of 100 Now Therefore Know Ye, that I, the said (name of the collector) by virtue of the authority in me vested as aforesaid, and in consideration of the aforesaid sum of and dollars, to me paid by the said (name 100 |