Unknown to Unknown, xx-xx-1806


Summary: Memorandum of agreement to sell land [1806?].


Memorandum of an Agreement, this Day executed and agreed upon Between Jaduther Kendle of the first part and Saml Hammond and Moses Austin of the second part. Witnesseth. That whereas the said Jaduther is now posses'd of a Concession of Land granted to Trams Widerman and by him settl'd and cultivat'd situated at the mouth of the Joachim so Called containing four Hundred Acres more or less, which said tract of Land the said Jaduther hath agreed and do by these presents agree to dispose of to the said Saml Hammond and Moses Austin with all and singular the improvement ferrys and Landings both on the Mississippi and Joachim bound'd agreeable to the Concession and Survey granted to the said Trams Widerman It is also understood and agreed that where as the said Concession has not recd the approbation and confirmation of the Board of commissioner agreeable to the Laws of the U States made and provided for the adjusting of Land Claims in Louisiana It shall be the Duty of the said Judather Kendle to obtain Decree of said Board and when such determination shall be had, and the said concession of Land confirmed to the said Trams Widerman or his assigns that he the said Kendle shall make or cause to be made to them the said Saml Hammond and Moses Austin a good and sufficient Warrant in fee simple for said Land on Condition always that the said Saml Hammond and Moses Austin shall pay or cause to be paid and Deliverd to him the said Judather Kendle in nine months two Negro Men in full Helth not to exceed Twenty five years of age and Got under fifteen and to be good Plantation negros and aquainted with common plantation Labours and not new import'd negroes that after the said Judather shall have made the Title within mention'd It is also clearly understood that the said Kendle shall not be bound to make good to the within nam'd Saml Hammond and Moses Austin any Damages that may Arise under this agreement should the said Concession of Land be rejected by the board of Commissioners and under such circumstances the said Kendle shall not Demand the consideration herein mention'd of Two negroes nor is he to by any authority that he may hold by virtue of the Concession of said Widerman on any other Claim he may have to said Land attempt to molest or disturb the said S H and M A in the enjoyment of said Land untill a final Determination can be had—at the same time It is fully understood that whereas the said Kendle has made Sale to Mr. John Conner of the same Tract of Land which contract altho nul and void by consent of parties yet as the objection given by the said Conner is now in the hands of Jos Spinner that It shall always be in the power of the said Kendle to make an arrangement of said Contract in such a way as shall best answer his convenience but with this restriction that the said Land shall always remain in the • • •