Page:Federal Reporter, 1st Series, Volume 2.djvu/518

 BHBEUAR V. SATBBT. 611 �And afterwards, on the seventh of October, 1872, the said railway company conveyed said lands to Horace S. Taylor by deed in words and figures following : �"Knoiv ail men by these presents, that the McGregor & Mis- souri Kiver Railroad Company, in consideration of the sum of sixty thousand one hundred and seven and 56-100 dollars, to be paid them in five years from date, with annual interest at 7 per cent per annum, payable on the first day of October in each year by Horace S. Taylor, of the city of New York, do hereby sell and convey unto the said Horace S. Taylor the following described lands situated in Woodbury, Sioux and Lyon counties, in the state of lowa, viz. : Ail of the lands described in a deed dated fifth of October, 1868, made by the county of Cerro Grordo, lowa, to the McGregor & Sioux City Eailway Company, which company is now named the Mc- Gregor & Missouri Eiver Eailway Company, amounting to thirty thousand and fifty-three acres and 78-100 of an acre, which deed is recorded in book "F," pages 225 to 232, of the records of Woodbury county, lowa, and in book "C," pages 519 to 526, of the records of Sioux City, lowa, to which deed reference is here made ; and they hereby eovenant with said grantee that the title to said lands in the same are acquired by the grantors from the county of Cerro Gordo, lowa, an4 that the title bas in no way been encumbered by the grantors» except by certain contracts of sale, and to which this sale and conveyance is subject, namely : �"Contraot for N. J, N. E. of section 5, township 99, range �45, to C. H. Moore. �"Contract for N. ^ of section e, in township 99, range e5, to S. Lockwood Bailey and certain others. �"Contract for ail of section 8, in township 100, range 46, to S. Lockwood Bailey. �"Contract for S. E. J of section 14, in township 98, range �46, to G. E. Badgerow; and such other contracts (if any) aa may have been entered into by 0. E. Palmer, agent, which are not yet reported to the company. �"And the grantors will warrant and defend the said lands to the said grantee, and to his heirs and assigns, f orever, sub- ����