John O. Tharp Land Sale in Ross County, Ohio
John, who is in Alameda County, California, gives his power of attorney to his old guardian Robert Oliver to handle the sale of the property left to him by his grandfather Overly in Green township.
July 29, 1869
Know all men by these presents that I John O. Tharp of the County of Alameda in the State of California have made, constituted and appointed, and by these presents do make, constitute and appoint Robert Oliver of the County of Ross in the State of Ohio my true and lawful attorney for me and in my names place and for my use and benefit to ask demand, sue for recover and receive all sums of money debts and demands whatsoever which are now due and owing or which shall hereafter become due, owing or demandable to me and have use and take all lawful ways and means in my name or otherwise for the recovery thereof by attachments, arrests, distress or otherwise and to compromise and agree for the same and acquittances or other sufficient discharges for the same for me and in my name to make, seal and deliver to receive legacies and bequests to collect rents, interests, dividends, or annuities due or to grow such, to bargain, contract, agree for, purchase, receive and take lands, tenements, and hereditaments and accept the seizen and possession of all lands, and all deeds and other assurances in the law therefor, and to devise, bargain, sell, _____, release, convey, mortgage and hypothecate lands, tenements, and hereditaments, upon such terms and conditions, and under such covenants as he shall think fit. Also to bargain and agree for, buy, sell, mortgage, hypothecate, and in any and every way and manner deal in and with goods, wares, and merchandise ______ in action, and other property in possession or in action, and to make, do and transact all and every kind of business of what nature or kind soever and also for me and in my name and my act and deed, to sign, seal, execute, deliver and acknowledge such deeds, covenants, indentures, agreements, mortgages, hypothecations, ______, charters, parties, bills of lading, bills, bonds, notes, receipts, evidences of debt, releases and satisfaction of Mortgage, Judgments , and Other debts, and other instruments in writing of whatever kind and nature, and other attorneys one or more in his place and stead, or under him to make, constitute and appoint and the same at his pleasure to amend, remove, and revoke.
Giving and Granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all, intents and purposes I might or could do if personally present, with full power of substitution and discretion hereby satisfying and confirming all that my said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. In Witness whereof I have hereunto set my hand and seal the 29th day of July, one thousand eight hundred and sixty nine.
John O. Tharp
State of California County of Santa Clara S.S.
On this 29th day of July A.D. One thousand eight hundred and sixty nine before me Wm. B. Rankin a Notary Public in and for said County of Santa Clara duly commissioned sworn and qualified personally appeared the within named John O. Tharp whose name is subscribed to the annexed instrument as a part thereto personally known to me to be the individual described in the said annexed instrument as a party thereto and who duly acknowledged to me that he executed the same fully and Voluntarily and for the uses and purposes therein mentioned. In witness whereof I have hereunto set my hands and affixed my Official seal the day and year in this certificate first above written.
Wm. B. Rankin
Notary Public in and for said County of Santa Clara, Cal.
State of California County, Santa Clara S.S.
John B. Hewson, County Clerk of the County of Santa Clara, State of California, and Clerk of the County Court of said which is a Court of Record, do hereby certify that Wm. B. Rankin whose name is subscribed to the annexed Certificate, was at the date of the same, and is now a Notary Public, in and for said County, duly Commissioned, sworn and qualified, and authorized by law to take acknowledgements and full faith and credit are due to all his official acts as such and I do further certify that the signature to the annexed certificate is genuine. In witness whereof I have here unto set my hand and affixed seal of the said County Court at my office in the County of Santa Clara this twenty ninth day of July A.D. 1869.
John R. Hewson County Clerk
And Clerk of the County Court of
Santa Clara, California
November 22, 1869
Ross County, Ohio
Deeds Volume 73, Pages 421-422
Know all men by these presents that whereas John O Tharp by a certain writing or letter of attorney under his hand and seal duly executed, dated the twenty ninth (29) day of July in the year Eighteen hundred and sixty nine and recorded in the Recorders Office of Ross County, Ohio in Volume 73 pages 388, 389, & 390 of the Record of deeds amongst other things therein contained did authorize Robert Oliver of Ross County Ohio in the name of said John O Tharp and on his behalf to sell and execute a deed for the land hereinafter described. Now therefore in consideration of the sum of Eleven hundred dollars to the said John O. Tharp paid by James Little of Ross County Ohio, the receipt whereof is hereby acknowledged he the said John O Tharp by his said attorney doth hereby remise, release, and forever quit claim unto the said James Little his heirs and assigns forever all his titles, interest and estate both loyal and equitable in the following premises with the appurtenances buying the one undivided fifth part of the following premises situate in Green Township Ross County Ohio and described as follows, to wit: The South East quarter of lot or section number thirty three (No. 33) of Township number nine (No. 9) in Range number twenty one (No. 21) Worthington's Survey, and being the same premised devised to Elizabeth Tharp during her life and after her death to his heirs in item third of the last Will and Testament of Frederick Overly late of Ross County now deceased and which is duly Recorded in the Probate Judges Office in Ross County Ohio in Volume __ pages 78, 79, 80 and 81. To have and to hold said Real Estate herein above described with the appurtenances unto him the said James Little his heirs and assigns forever. In testimony whereof the said John O. Tharp by his said Attorney Robert Oliver have hereunto set their hands and seals this 6th day of November in the year Eighteen hundred and sixty nine.
Signed Sealed and acknowledged
in the presence of
Samuel F. McCoy
John O. Tharp
by Robert Oliver
his attorney in facto
The State of Ohio, Ross County
On this 6th day of November A.D. 1869 before me the undersigned Thomas Walks in and for Ross County aforesaid appeared John O. Tharp by his attorney in fact the above named Robert Oliver and acknowledged the signing and sealing of the foregoing conveyance to be his Voluntary act and deed and the Voluntary act and deed of the said Robert Oliver as his attorney. Given under my hand the day and year last herein above written.
Rec. for Record Nov. 22nd 1869