By Amorin Mello

 

Madeline Island Museum

Julius Austrian Papers

Folder 6: James Hughes Affair (1853-1866)

 

---

 

J. Austrian

Power of Attorney to

J. Hughes

“State of Wisconsin”
“La Pointe County”
“Office of Register of Deeds”

Received for Record on this 10th day of December 1853 at 7 O Clock P.M. and Recorded on Pages 20 and 21 in Book A of Records of Deeds.

Robt. D. Boyd

Register of Deeds

 

– – – – – – – – – –

 

Know all men

by these presents that I Julius Austrian of La Pointe, Lapointe County and state of Wisconsin, have made, constituted, and appointed and do by these presents, make, constitute and appoint James Hughes now of La Pointe my lawful Attorney for me and in my name, place and stead to, to sell, alien, and convey, any and all rights, title claim and interest that I have or may have unto any lands or lands purchased by me as the public land sales at Willow River or the second day of May A. D. 1853 for which I hold a Duplicate No 242 signed by Moses S. Gibson received Dated May 2, 1853.

Giving and granting unto my said Attorney full power and Authority to do and perform all and every act or thing whatsoever, requisite and necessary to be done and performed in and about the Premises, as fully & completely, to all intents and purposes as I myself might or could do if I were personally present with full authority to make deeds or deeds for lands sold & to receive money & receipt for same here by ratifying and confirming all the acts or acts of my said Attorney (as fully as I myself could do & [cause?] to be [owner?]) by virtue thereof.

In testimony whereof I have hereunto set my hands & seal this 30th day of May AD 1853

Julius Austrian

 

Signed Sealed & delivered
in Presence of

Henry Smitz
S Goff

 

---

 

State of Wisconsin
County of La Pointe

S. Goff came personally before me and being duly sworn according to laws, Says, That, he signed the annexed foregoing power of Attorney from Julius Austrian to James Hughes bearing date on the 30 day of May AD 1853, as one of the subscribing witnesses thereto, and that his Deponents signature thereon and thereto, is genuine, that Deponents was then and still is acquainted with and personally knew the said Julius Austrian who signed the said Power of Attorney, and that he signed the same in the presence of this Deponent at the time the same bears date. To wit: on the 30th day of May AD 1853, and the said Julius Austrian’s signature thereto and thereon is genuine.

S. Goff

Subscribed and Sworn
to before me the 10th day
of december AD 1853

John W. Bell
Justice of the peace

 

---

 

This Agreement

made and entered into between Charles H Oakes, Michael E Ames and Isaac Van Etten of St Paul, Minnesota Territory of the first part and James Hughes of Hudson Wisconsin, of the second part witnesseth:

That the said parties of the first part do hereby agree to pay or cause to be paid, the sum of Three Hundred and fifty Dollars, to be paid unto the said James Hughes, party of the second part, as soon as two certain Warranty Deeds made and executed by Julius Austrian through and by the said James Hughes, his Attorney in fact, to the parties of the first part of even date herewith, shall by duly Recorded in the office of the Register of La Pointe county, Wisconsin, upon the express condition however, that no deed or other instrument of conveyance of the lands described in the said Deed, or any part of them, has been executed or Recorded in said County or State from Julius Austrian, or from his Attorney in fact previous to the Record of the above deeds, to the parties of the first part.

And upon the further condition that the entry or purchase from the United States Government, of the said Austrian of said lands mentioned and described in said Deeds to the parties of the first part, shall be held good and valid by the Government and not vacated or cancelled, and that a patent issue from the United States Government therefore and perfecting the title thereof in the parties of the first part.

And the parties of the first part further agree to pay unto the said James Hughes the further sum of Six Hundred Dollars after and out of the proceeds of the sale of a portion of the property ( Real Estate described in the said two Deeds of Julius Austrian, executed and delivered to the parties of the first, by said James Hughes, as Attorney in fact, for said Austrian above named, after the same shall have been sold and proceeds therefrom realized and not before.

It is further understood and agreed by and between the parties of the first part, and the party of the second part hereto that the payments of the above sums or either of them, is dependent and upon the express condition, that the said Warranty Deed, bearing even date herewith, to the parties of the first part above herewith, to the parties of the first part above described, does and shall convey and vest a good perfect and legal title of the lands describe therein, in and to the parties of the first part, their heirs and assigns in fee simple, free of all adverse title or titles, and free from all incumbrance (Excepting a certain Mortgage upon a part of the premises to secure the payments of about fifteen Hundred Dollars, from the said Austrian to Charles H Oakes of the parties of the first part).

Otherwise it is understood and agreed that the party of the second part, has not and shall not have any claim whatever when the parties of the first part for the payment of the above mentioned sums, or any part thereof.

In witness whereof, we have hereto set our hands the 1st day of December AD 1853

in duplicate form

Signed Chas H Oakes

[Other signatories cut off in scan]

In presence of

I V D Heard

 

---

 

Julius Austrian

To.

Charles H Oakes
Michael E Ames
Isaac Van Etten

Warranty Deed

“State of Wisconsin”
“County of La Pointe”
“Office of Register of Deeds”

Received for Record on the 10th day of December 1853 at 7 O Clock P.M. and Recorded on Pages 22, 23, and 24 in Book A of Records of Deeds.

Robt. D. Boyd
Register of Deeds

 

– – – – – – – – – –

 

THIS INDENTURE,

made this first (1st) day of December is the year of our Lord one thousand eight hundred and fifty three.

BETWEEN

Julius Austrian (by James Hughes his attorney in fact)

of the county of La Pointe and State of Wisconsin of the first part, and

Charles H Oakes Michael E Ames and Isaac Van Etten

of the second part,

WITNESSETH, that the said party of the first part, for and is in consideration of the sum of

One Thousand ($1000)

Dollars, in hand paid by the said parties of the second part – the receipt whereof is hereby acknowledged – has given, granted, bargained, sold, conveyed, and confirmed, and by these presents, does give, grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns, forever, all the following described pieces or parcels of land, situate, lying and being in the County of La Pointe ^and State of Wisconsin^ and known and designated as follows, vis:

Lots numbered three (3) four (4) and five (5) in Section No thirty (30) in Township No. fifty (50) North of Range NO. three (3) west, and Lots Numbered One (1) two (2) three (3) and four (4) in Section Number thirty one (31) in said Township No fifty (50), Range No three (3) aforesaid, according to the Survey of the United States government and Platts thereof, [ben?] and hereby intending, to convey the same, and all of the pieces, [pared?] or lots of land heretofore entered, bids of or purchases by the said party of the first part from the United States Government, on or about the second day of May AD 1853, or at any other time.  Containing 382 23/100 Acres of land.

TO HAVE AND TO HOLD THE SAME,

together with all and singular the appurtenances and privileges thereunto belonging, or in any wise appertaining, and all the Estate, Right, Title, Interest and Claim whatsoever, of the said party of the first part, either in Law or Equity, in and to the above described premises, to the only proper use, benefit, and behoof of the said parties of the second part, their heirs, and assigns forever.  And the said party of the first part, for himself his heirs, executors, and administrators, does COVENANT AND AGREE to and with the said parties of the second part, their heirs and assigns, that he is well seized in fee of the aforesaid premises, and has good right to SELL and CONVEY the same in manner and form as above written, and that the same are free of all incumbrances whatever ; and that the aforesaid premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against every person lawfully claiming or to claim the whole or any part thereof, he will forever WARRANT AND DEFEND.

 

IN TESTIMONY WHEREOF, the said party of the first part, has hereunto set his hand and seal the day and year first above written.

Julius Austrian

By James Hughes

his Attorney in fact

Sealed and Delivered in Presence of

The words “and State of Wisconsin” first [intertriced?] before signing.

I V D Heard

Truman M Smith

 

Territory of Minnesota,
COUNTY OF Ramsey

BE IT KNOWN, that on the first (1st) day of December A. D., before the undersigned, personally came James Hughes (the attorney in fact of the said Julius Austrian) the grantor to the foregoing and within DEED, from him as such grantor to Charles H Oakes Michael E Ames and Isaac Van Etten grantors, and to me personally known to be the identical person described in, and who by James Hughes his said attorney in fact executed the said deed, and the said James Hughes his attorney in fact acknowledged that he executed the said deed, freely and voluntarily, for the uses and purposes therein expressed, for in behalf and on the part of the said Julius Austrian [grantors?], aforesaid, 

Truman M Smith

Justice of the Peace

 

– – – – – – – – – –

 

Territory of Minnesota
County of Ramsey

I do hereby certify that Truman M Smith, Esq before whom this within acknowledged [guest?] was taken was at the time the same bears date, a Justice of the Peace in and for said County, duly Elected & qualified to act as such, & to take Acknowledgement of Deeds,
that I am well acquainted with his hand writing & believe the within signature purporting to be his, to be his genuine signature. And that the within Deed is Executed & Acknowledged according to the laws of said Territory.

In testimony whereof I have hereunto set my hand & affirm the seal of the District Court of said County, at St. Paul, this 3rd day of December A. D. 1853. [A. J. Mutney?] Clerk.

by Sherwood Hough

Dept. Clerk of said Court

 

---

 

Julius Austrian

To

Charles H. Oakes
M E Ames
Isaac Van Etten

Warranty Deed

“State of Wisconsin”
“Lapointe County”
“Office of Register of Deeds”

Received for Record on this 10th day of December, 1853 at 7 O Clock P.M. and Recorded on pages 24, 25, and 26 in Book A of Records of Deeds.

Robt. D. Boyd
Register of Deeds

 

– – – – – – – – – –

 

THIS INDENTURE,

made this first (1st) day of December is the year of our Lord one thousand eight hundred and fifty three.

BETWEEN

Julius Austrian (by James Hughes his attorney in fact)

of the county of Lapointe and State of Wisconsin of the first part, and

Charles H Oakes Michael E Ames and I Van Etten

of the second part,

WITNESSETH, that the said party of the first part, for and is in consideration of the sum of

One hundred and fifty ($150~)

Dollars, in hand paid by the said parties of the second part – the receipt whereof is hereby acknowledged – has given, granted, bargained, sold, conveyed, and confirmed, and by these presents, does give, grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns, forever, all the following described pieces or parcels of land, situate, lying and being in the County of La Pointe ^and State of Wisconsin^ and known and designated as follows, vis:

The South West quarter of the North West quarter of Section No twenty one (21) and the North west quarter of the south west quarter of said section No. twenty one (21) in Township No fifty (50) North, of Range No. four (4) containing Eighty Acres more or less.

TO HAVE AND TO HOLD THE SAME,

together with all and singular the appurtenances and privileges thereunto belonging, or in any wise appertaining, and all the Estate, Right, Title, Interest and Claim whatsoever, of the said party of the first part, either in Law or Equity, in and to the above described premises, to the only proper use, benefit, and behoof of the said parties of the second part, their heirs, and assigns forever.  And the said party of the first part, for himself his heirs, executors, and administrators, does COVENANT AND AGREE to and with the said parties of the second part, their heirs and assigns, that he is well seized in fee of the aforesaid premises, and has good right to SELL and CONVEY the same in manner and form as above written, and that the same are free of all incumbrances whatever ; and that the aforesaid premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against every person lawfully claiming or to claim the whole or any part thereof, he will forever WARRANT AND DEFEND.

IN TESTIMONY WHEREOF, the said party of the first part, has hereunto set his hand and seal the day and year first above written.

Julius Austrian

By James Hughes

his Attorney in fact

Sealed and Delivered in Presence of

The words “and State of Wisconsin” first [introduced?] before signing.

I V D Heard

Truman M Smith

 

Territory of Minnesota,
COUNTY OF Ramsey

BE IT KNOWN, that on the first (1st) day of December A. D., before the undersigned, personally came James Hughes the attorney in fact of the said Julius Austrian the grantor to the foregoing and within DEED, from him as such grantor to Charles H Oakes Michael E Ames and I Van Etten grantors, and to me personally known to be the identical person described in, and who by James Huges his said attorney in fact executed the said deed, and by James Hughes his attorney in fact and who acknowledged that he executed the said deed, freely and voluntarily, for the uses and purposes therein expressed, for in behalf and on the part of the said Julius Austrian [grantors?], aforesaid, 

Truman M Smith

Justice of the Peace

 

– – – – – – – – – –

 

Territory of Minnesota
County of Ramsey

I do hereby certify that Truman M. Smith Esq. before whom the within Acknowledgment was taken, was at the date thereof, a Justice of the Peace in and for said County, duly Elected & qualified to act as such, & to take the Acknowledgement of Deeds, that I am well acquainted with his hand writing and believe the signature to the within certificate purporting to be his, to be his genuine signature. And that the within Deed is Executed & Acknowledged according to the laws of this Territory.

In Testimony whereof I have hereunto set my hand & affix the Seal of the District Court of said County at St. Paul this 2nd day of December A.D. 1853. Clerk.

by Sherwood Hough

Dept. [Crt?] Clerk
of the Dist Court
of said County

 

---

 

Hudson, Wisconsin
Dec. 4th 1853

Julius Austrian Esq.

Dear Sir,

If this report be true you had better come down at once.

Yours truly

W. H. Semmes

 

---

 

Notice to the Public

Whereas James Hughes of Hudson in the County of St Croix and State of Wisconsin, on the first day of December AD 1853, did execute to Charles H Oakes, Michael E Ames and Isaac Van Etten, under a pretended power of attorney from Julius Austrian and without any authority from him, or either of the under signed, two several deeds, one of which deeds had described therein, the following described lands, lying in the County of La Pointe and State of Wisconsin, to wit:

the south west quarter of the north west quarter of Section No twenty one (21), and the north west quarter of the south west quarter of Section No Twenty one (21) in Township No fifty (50) North of Range No four (4) containing eighty acres more or less,

and the other of said deeds had described therein the following described lands to wit:

Lots numbered Three (3) four (4) and five (5) in Section No Thirty (30) in Township No fifty (50) north of Range No Three (3) west and Lots numbered one (1) two (2) three (3) and four (4) in Section No Thirty one (31) in said Township No fifty (50) Range No Three (3) aforesaid.

And whereas the said lands were entered and purchased by Julius Austrian from the Government of the United States on the 2nd day of May 1853. And whereas the said Julius Austrian, did, on the 23rd day of May AD 1853, execute and deliver to one Henry Smitz of La Pointe County, a deed of conveyance in fee simple of the undivided one sixth part of the following described lands, to wit:

Lots Nos three (3) four (4) and five (5) in Section No thirty (30), and Lots Nos one (1) two (2), three (3) and four (4) of Section No Thirty one (31) in Township No fifty (50) North of Range No three (3) in the said County of La Pointe.

And whereas neither the said Julius Austrian, nor the said Henry Smitz, has conveyed any part or portion of the rel estate above described & any person. And whereas further the said James Hughes had no legal or equitable power or authority from the said Julius Austrian and Henry Smitz or either of them, to sell or convey the said above described lands, on the said first day of December AD 1853 or at any time previous or subsequent of that day.

Now therefore notice in hereby given to all persons, that the said Julius Austrian and Henry Smitz, nor either of them do not, and never have recognized the authority of the said James Hughes to make the deeds aforesaid of the said laws, and do not recognize the acts of the said James Hughes in the premises. And that the said Julius Austrian and Henry Smitz, do now claim and have ever since the said 23rd day of May 1853, claimed the legal title to and ownership of, and the sole right to sell and convey the following described lands; to wit;

Lots Nos three (3), four (4) and five (5) in Section No Thirty (30) and lots Nos one (1) two (2), three (3) and four (4) of Section No Thirty one (31) in Township No fifty (50) North of Range No three (3) West.

And that the said Julius Austrian does now claim and has ever since the 2nd day of May 1853, claimed the legal title to and the ownership of and the sole right to sell and convey the following described lands, to wit;

the South West quarter of the North West quarter of Section No Twenty one (21) and the North West quarter of the South West quarter of Section No Twenty one (21) in Township No fifty (50) North of Range No four (4) West, containing eighty acres more or less.

And all persons are therefore hereby warned, notified and forbidden from purchasing of, or receiving any manner of conveyance or conveyances from the said Charles H Oakes, Michael E Ames and Isaac Van Etten, or either of them, of any part or portion of the above described lands.

Hudson, St Croix County, Wisconsin
December 23 1853

Julius Austrian
Henry Smitz

 

---

 

To Messrs Charles H. Oakes, Michael E. Ames and Isaac Van Etten and to each and everyone of you

You are hereby notified that the conveyances made to you by James Hughes on the first day of December A.D. 1853 under a pretended power of attorney from Julius Austrian, of the following described lands to wit:

the South West quarter of the North West quarter of Section No. twenty one (21), and the North West quarter of the South West quarter of Section No. twenty one (21) in Township No. fifty (50) North of Range No. four (4) containing eighty acres more or less; and also Lots numbered three (3) four (4) and five (5) in Section No thirty (30) in Township No. fifty (50) North of Range No. three (3) West, and Lots numbered one (1) two (2) three (3) and four (4) in Section No. thirty one (31) in said Township No. fifty (50) Range No. three (3) aforesaid in the County of La Pointe and state of Wisconsin,

were made in fraud of the rights of the said undersigned, the said Julius Austrian and Henry Smitz to the said lands and without any authority from the said Julius Austrian and Henry Smitz or either of them, either by power of attorney or otherwise, to the said James Hughes.

And you are therefore hereby notified that we the said Julius Austrian and Henry Smitz claim the legal title to and the ownership of the following described lands to wit:

lots numbered three (3) four (4) and five (5) in Section No. thirty (30) in Township No. fifty (50) North of Range No. three (3) west and Lots numbered one (1) two (2) three (3) and four in section No. thirty one (31) in said Township No. fifty (50) Range No. three (3) aforesaid being in the County of La Pointe and state of Wisconsin.

And you are further notified hereby that the said Julius Austrian claims the legal title to and ownership of the following described lands to wit:

the South West quarter of the North West quarter of Section No. twenty one (21) and the North West quarter of the South West quarter of Section No. twenty one (21) in Township No. fifty (50) North of Range No. for (4) containing eighty acres more or less.

And that we the said Julius Austrian and Henry Smitz do not and neither of us does, recognize the acts of the said James Hughes concerning the said above described lands and hereby forbid you and each of you from executing any conveyance or in any manner encumbering the title to the lands above described or any part thereof.

Dated at Hudson December 23d 1853

Julius Austrian
Henry Smitz

 

---

 

Mr. [McCloud?]

You will please deliver to Julius Austrian the enclosed papers upon my sending you a quit claim deed signed by Chas. H. Oakes & wife, Michael E. Ames & wife & I. Van Etten & wife for the lands embraced in two certain Deeds executed by said Austrian by James Hughes his atty-in- fact to said Oakes, Ames & Van Etten which deeds will accompany said Quit Claim Deeds.  The [?????ed ??? you?].

I Van Etten

[????] discharge of [??????]

I Van Etten

 

 

– – – – – – – – – –

 

Quit Claim Deed

Chas. H. Oakes
and others

to

Julius Austrian

Office of Register of Deeds
La Pointe County Wis

I hereby Certify that the within Deed was filed in this Office for Record October 10th 1859 a [M?] and was duly Recorded in Book A of Deed Vol 3 on pages 333 & 334.

John W Bell

Register of Deeds

Fee 10$

 

– – – – – – – – – –

 

Know all men by these present.

That we Charles H Oakes and Julia B., his wife, Issac Van Etten & Jan I., his wife & Michael E. Ames & Josephine, his wife, of the County of Ramsey in the State of Minnesota. & the first part in consideration of the sum of three Hundred Dollars were?] in [hand?] [paid?] by Julius Austrian of La Pointe County in the State of Wisconsin, the receipt whereof is hereby a acknowledged, have bargained, sold, and quit claimed, deed of these presents do bargain, sell and quit claim unto the said Julius Austrian, his heirs and assigns forever, all [our?] rights, title, intersets, claim and severance in and [wled?] following described pieces or parcels of land situate and being in the County of La Pointe and State of Wisconsin [as is?] described as follows, to wit:

Lots Number three four & five (3, 4 & 5) in Section Number thirty (30) in Township No fifty (50) North of Range No Three (3) West, and lots one (1) two (2) three (3) and four (4) in Section number thirty-one (31) in said Township No fifty (50) Range No Three (3), and the South West quarter of the North West quarter of Section Number twenty one (21), and the North West quarter of the South West quarter of said Section number twenty one (21) in Township Number fifty (50) North of Range No four (4), being the same lands conveyed by said Julius Austrian by James Hughes his Attorney in fact to said Oakse & Van Etten & Michael E. Ames, by Deeds dated Dec [1?] 1853.

To Have and to Hold the above Quit claimed Premises with all the privileges and appurtenances thereto belonging to the said Julius Austrian, his heirs and assigns forever, so [cleat?] neither [we do?] said parties of [wofeist?] part, [??] in heirs or assigns shall have any claims, rights, or title in [?] to the aforesaid premises.

In Witness [????] We have hereunto set our [hand?] and seal, the thirtieth day of September, AD; 1859.

Isaac Van Etten
Jane I. Van Etten
M. E. Ames
Josephine Ames
Chas. H. Oakes
Julia B. Oakes

Signed, Sealed & Delivered
in presence of

[Harvey Affrcer?]
Thomas Van Etten

 

– – – – – – – – – –

 

State of Minnesota
County of Ramsey

Be it Remembered that in this 18th day of September AD. 1859, at St Paul in said County & State formerly same before nee, [Iwrue denjued?]. Charles H Oakes and Julia B. his wife, Isaac Van Etten and Jane I. his wife and Michael E Ames and Josephine his wife [fernaly? Rumb? me? who? elusegues?] & [seates?] of [deepering?] deed and acknowledge that they embrace the same for [lew? o? wiwre?] therein expressed, and the said Julia B. Jane I. and Josephine afersaid being by nee examined separate and apart from their said husbands acknowledge that they executed said deed freely.

 

---

 

United States of America

State of Minnesota,
Secretary’s Office.

The Secretary of State of the State of Minnesota, does hereby certify, that Thomas Van Ettan whose name appears subscribed to the annexed instrument, was, at the date thereof, a NOTARY PUBLIC, in and for the State of Minnesota, residing in the County of Ramsey duly appointed and qualified, and empowered by the laws of this State, to administer Oaths, take Depositions, Acknowledgements of Deeds, and other written instruments, and exercise all such powers and duties, as by the law of Nations and according to commercial usages, may be exercised and performed by Notaries Public, and that full faith and credit are due and should be given to his official acts as such Notary.

In Testimony Whereof, I have hereunto set my hand and affixed the Great Seal of the State, at the Capitol, in Saint Paul, this Fifteenth day of September A. D. 1859

Francis Baasen

Secretary of State,

 

---

 

Rec’d August 11, 1866,

of Julius Austrian $766.50 (by draft for 450$ & 210 94/100 acres of land valued at $1.50 per acre) in full satisfaction of a certain deed presents rendered & [d???etece] in the District Court of the United States for the District of Wisconsin in July 3, 1861 for $1127.94 damages & $74.70 cents in my favor & against said Austrian.

C. H. Oakes

by I. Van Etten
his Atty.

 

---

 

Bayfield Aug 11, 1866

Mr Julius Austrian

Dr Sir

In consideration of my settlements this day made I agree to obtain & file a [satisfactuis?] of the Judgement I obtained against you July 3, 1861, in the District Court of the United States for the District of Wisconsin, as soon as I leave [reach?] Madison.

[Y?? ? ?]

I. Van Etten

for C. H. Oakes