Land Deeds

In order to a more perfect understanding of the early operations and improvements in and around Pontiac, we herewith furnish copies of the original documents pertaining to the incorporation of the "Pontiac Company," the purchase and subsequent transfer of lands, etc, etc.

These papers have been carefully copied from the original records in the office of the register of deeds for the county of Oakland, and are, therefore, conclusive. Intrinsically they are curious and interesting, and typical of the manner of doing business in those days.

 

THE PONTIAC COMPANY.

 

Whereas, On the 5th day of November, one thousand eight hundred and eighteen, at the city of Detroit, Territory of Michigan, the following persons, viz., William Woodbridge, Stephen Mack, Solomon Sibley, John L. Whiting, Austin E. Wing, David C. McKinstry, Benjamin Stead, Henry I. Hunt, Abraham Edwards, Archibald Darragh, Alexander Macomb (General Macomb, of the United States army), and Andrew G. Whitney, of the city of Detroit, in said Territory, and William Thompson, Daniel Le Roy, and James Fulton, of the county of Macomb, in said Territory, did form themselves into an association, and enter into an agreement to purchase jointly, at their common cost and charge, a certain tract of land lying on the river Huron at St. Clair, in said Territory, which said tract of land is designated on a map of the survey of lands belonging to the United States within said Territory, and now for sale at the land-office in Detroit, as the section and the quarter sections following, to wit: The whole of section twenty-nine (29), the northeast quarter of section thirty-two (32), and the northeast, northwest, and southwest quarters of section twenty-eight (28), in township three (3) north, range ten (10) east, containing in the whole eight quarter sections, and twelve hundred and eighty acres (1280), more or less, for the purpose of laying out and establishing a town on said tract. And, whereas, the said association did choose and appoint me, Stephen Mack, one of the said association above mentioned, to purchase for us the said tract of land, consisting of the eight quarter sections aforesaid, and for the purpose aforesaid, at the sale of public lands now holden in the city of Detroit, and did authorize me, the said Stephen Mack, to pay for and enter the said tract of land in my own name, and for that purpose did, each and every of them, pay and advance to me, the said Stephen Mack, the sum of ten dollars, amounting in the whole to one hundred and fifty dollars; and whereas I, the said Stephen Mack, in pursuance of the said appointment, so made as aforesaid by the said association, did, on the 6th of November, present, purchase the said tract of land, consisting of the aforesaid section and quarter sections of land, for the purposes above aforesaid, and with part of the money so advanced and paid me as aforesaid did pay into the land-office aforesaid the one-twentieth part of the price of the said section and quarter sections of land, amounting to one hundred and twenty dollars, as is by law required, and did cause the same to be entered in my name as instructed to do by the said association: now, therefore, know all men by these presents that I, the said Stephen Mack, in consideration of the premises, and in consideration that they, the said association, each and every of them, do well and truly pay, or cause to be paid, to me, the said Stephen Mack, on or before the sixth day of December next after the date hereof, the sum of thirty dollars, of good and lawful money of the United States, or of money of such banks as will be received at the land-office aforesaid, in payment of public lands, amounting in the whole to the sum of four hundred and fifty dollars, and that they, the said association, each and every of them, well and truly pay, or cause to be paid to me, the said Stephen Mack, their equal and just proportion of each and every installment of the price or purchase-money of the said tract or section and quarter sections of land, according to their shares, as is by law required to be paid, on or before the tenth day previous to the day by the law required for each and every installment to be paid, in good and lawful money, as aforesaid, or on such other earlier day as the association, or a majority of them, by their orders, rules, regulations, or resolutions shall determine and prescribe; and do, by these presents, for myself, my heirs, executors, administrators, and assigns, covenant and agree to and with the said association, and each and every of them, their heirs and assigns, that I will well and truly pay, or cause to be paid, at the land-office aforesaid, on or before the day by law required, so much money as when added to the said one-twentieth part, already paid, shall make up the one-fourth part of the whole price or purchase-money of the said tract or section and quarter sections of land; and, further, that I will well and truly pay, or cause to be paid, at the land-office aforesaid, and at or before such times and days as is by law required, each and every installment of the price or purchase-money of said tract or section and quarter sections of land aforesaid, as by law prescribed, until the whole be paid; or, otherwise, I will well and truly pay, or cause to be paid, the price or purchase-money of said tract or section and quarter sections of land, at the office aforesaid, on or before such other day, or days, as by the orders, rules, regulations, or resolutions of the said association, or a majority of them, made in conformity to the provisions of the laws providing for and regulating such payments, shall be determined and prescribed; the said association previously advancing and paying to me, the said Stephen Mack, the funds for that purpose; and further, that, as soon as the whole of said purchase-money for said tract or section and quarter sections of land shall, in either of the modes above contemplated, be fully paid, I, the said Stephen Mack, will, with all reasonable and convenient dispatch, procure, or cause to be procured, from the President of the United States, or from the General Land Office, a patent or patents for the said tract or section and quarter sections of land, and will hold the said tract or section and quarter sections of land in trust for and to the use of the said association, each and every of them, their heirs and assigns, according to each of their several rights and interests therein; and further, that I will use or convey the said tract or section and quarter sections of land, or parts or lots thereof, by good and sufficient deeds and conveyances in law, to such persons and at such times as by the orders, rules, regulations, or resolutions of said association, or a majority of them, shall be prescribed and determined; and further, that in all things relating to me, the said Stephen Mack, as trustee of the said tract or section and quarter sections of land for the said association, I will abide by and perform all the orders, rules, regulations, and resolutions made in conformity to law, which the said association, or a majority of them, shall have made, or hereafter may make or ordain, touching or concerning the uses and disposition of said tract or section and quarter sections of land. In testimony of which I, the said Stephen Mack, have hereunto set my hand and seal this twelfth day of November, in the year of our Lord one thousand eight hundred and eighteen.

"Signed, sealed, and delivered in presence of John L. Leib, Thomas Rowland, James Abbott.

 

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"Know all men by these presents: That whereas, the within-named members of the Pontiac Company, and proprietors of the Pontiac purchase, did, by their resolutions, made and entered on the book of the said company, on the nineteenth day of November, one thousand eight hundred and eighteen, instruct me, the within-named Stephen Mack, within named as trustee of the said company, to enter, at the land-office at Detroit, in my own name, but for the use of the said company, the southeast quarter section of section 20, township 3, range 10, adjoining the within-named, and to purchase the said quarter section of the United States in my own name, but for the use of the said company, on the like terms and conditions as the within-named and described quarter sections were to be purchased; Therefore, now, know ye that I, the said Stephen Mack, in consideration of the premises, and on the conditions and stipulations within, on my behalf made and entered into, do hereby covenant with the said company and proprietors, each and every of them, their heirs, executors, administrators, and assigns, that I will well and truly advance and pay the sum or sums remaining due on said quarter section, on the conditions and stipulations above referred to, at such time or times as may be directed by the resolutions of the said company, and when the same shall be fully paid, that I will as soon thereafter as practicable procure from the President of the United States a patent for the same, and will, and do hereby declare that I will, hold the said patent and quarter sections of land in trust for the said association or company, and to the sole and only use of the said company, each and every of them, their heirs, and assigns, according to each and every of their several rights and interests therein, in the same manner and subject in the same way to the orders, regulations, and resolutions of the said company as to the disposition of the same, as is within provided with regard to the within-named and described eight quarter sections, and no otherwise; and as such trustee will abide by and perform all the regulations now made and that may be made, lawfully, by the said company in relation to the said quarter sections of land.

"In testimony whereof I have hereunto set my hand and affixed my seal this thirteenth day of March, one thousand eight hundred and twenty-two."

 "Sealed and delivered in the presence of Edmund Brush, James P. McKinstry."

 

"Be it remembered that on this thirteenth day of March, one thousand eight hundred and twenty-two, personally appeared before me the within and above named Stephen Mack, who acknowledges that on the twelfth day of November, A.D. one thousand eight hundred and eighteen, he sealed and delivered the within written instrument, and that he hath this day sealed and delivered the above written and indorsed instruments, each, severally, freely, and voluntarily, as his several acts and deeds, for the uses and purposes therein expressed, and consented that they each be recorded as such. In testimony of all which I have hereunto set my hand this day and year above written."

"JAMES MONROE, President of the United States of America, to all to whom these presents shall come, greeting:

 "Know ye that Stephen Mack, of Detroit, having deposited in the General Land-Office a certificate of the register of the land-office at Detroit, whereby it appears that full payment has been made for section twenty-nine, in township three north, of range ten east, containing six hundred and forty acres of the lands directed to be sold at Detroit by the Act of Congress, entitled 'An Act providing for the sale of the lands of the United States in the territory northwest of the Ohio, and above the Kentucky river,' and of the Acts amendatory of the same, there is granted by the United States to the said Stephen Mack the lot or section of land above-described. To have and to hold the said lot or section of land, with the appurtenances, unto the said Stephen Mack, his heirs and assigns forever.

 

 

"JAMES MONROE, President of the United States of America, to all to whom these presents shall come, greeting:

"Know ye that Stephen Mack, of Detroit, having deposited in the General Land-Office a certificate of the register of the land-office at Detroit, whereby it appears that full payment has been made for the northeast quarter of section thirty-two (32), in township three (3) north of range ten east, containing one hundred and sixty acres of the lands directed to be sold at Detroit, by the act of Congress entitled ' An Act providing for the sale of the lands of the United States in the territory northwest of the Ohio, and above the mouth of the Kentucky river,' and the acts amendatory of the same, there is granted by the United States unto the said Stephen Mack, the quarter, lot, or section of land above described. To have and to hold the said quarter, lot, or section of land, with the appurtenances unto the said Stephen Mack, his heirs and assigns forever.

"In testimony whereof I have caused these letters to be made patent, and the seal of the General Land-Office to be hereunto affixed.

"Given under my hand at the City of Washington, the 12th day of September, in the year of our Lord one thousand eight hundred and twenty, and of the independence of the United States of America the forty-fifth.