By Amorin Mello

Madeline Island Museum

Julius Austrian Papers

Folder 3: La Pointe Lands

Scans #1-25 transcribed  (#26-55 not transcribed)

Mortgage Deed
Julius Austrian to Charles Oakes

Office of Register of Deeds
La Pointe County Wis.

I hereby certify that the within is a true copy from the Records in my office of an instrument recorded June 9th 1853 at 10 O’clock AM in Book A of Deeds Vol 1 pages 18 & 19.

John W Bell

Register of Deeds

Fees 7-

– – – – –

Charles Henry Oakes built New Fort for the American Fur Company, was the white father of a La Ponte Band mixed-blood family, and signed several Treaties.
~ Findagrave.com

This Indenture

made the Second day of May in the year of Our Lord One thousand Eight-hundred and fifty three, Between Julius Austrian of the County of La Pointe and State of Wisconsin of the first part, and Charles H Oakes of Minnesota of the second part; Witnessed, that the said party of the first part, for and in consideration of the sum of Sixteen (16) Hundred Dollars in hand paid by the said party of the Second part, the receipt whereof is hereby acknowledged, has given, granted, bargained, sold, conveyed and confirmed, and by those present does give, grant, bargain, sell, convey and confirm unto the said party of the Second part, his heirs and assigns forever all the following described piece or parcel of land situated, lying and being in the County of La Pointe, and State of Wisconsin, known and designated as follows, to wit;

“10 acres or there abouts of Lots 3, 4 & 5 Section 30 to be selected and resumed for Light House purposes of order of the President bearing date the 4 [Apl.?] 1853 see letter of Secr Interior [apl?] 4 /53.
The above lots 3, 4 & 5 with drawn from market util the selection is made see Comt. Instructions to [R.y R. Apl.?] 28 /53 and June 18 /53.
Reservation rescinded by order of the President March 3 /54 see Instructions to [R.g R.y?] March 7 /54.”
~ General Land Office

“Lot number four (4)“  is New Fort (downtown) La Pointe.
~ General Land Office

Lot number four (4) Township fifty (50) Section No. thirty (30) and Range No. three west containing sixty seven & 82/100 acres of land according to the Government Survey.

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 party of the second part, his heir and assigns forever, and the said Julius Austrian party of the first part for himself his heirs Executors and administrators do covenant and agree to and with the said party of the second part, his 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 party of the second part, his heirs and assigns, against all and every person lawfully claiming or to claim the whole or any part thereof, he will forever warrant and defend.

Julius Austrian
~ Madeline Island Museum

Provided nevertheless that if the said Julius Austrian of the first part, his heirs, administrators, executors or assigns shall well and truly pay or cause to be paid to the said Charles H Oakes party of the second part, his heirs, executors, administrators or assigns the sum of Sixteen (16) Hundred Dollars, lawful money, in six equal annual payments, according to the condition of six certain notes bearing even date with, then this deed to be null and void, otherwise to be and remain in full force and effect, but if Default shall be made in the payment of the said sum of money, or the interest, or of any part thereof, at the time herein before specified for the payment thereof, the said party of the first part, in such case, does hereby authorize and fully empower the said party of the second part his executors, administrators or assigns, to sell the said hereby granted premises, at Public Auction, and convey the same the same to the purchase in Fee Simple, agreeably to the statute in such case made and provided, and out of the moneys arising from such sale, to retain the Principal and interest, which shall then be due on the said notes, together with all costs and charges, and pay the overplus (if any) to the said Julius Austrian, party of the first part his heirs, executors administrators or assigns.

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

Sealed and delivered in presence of

Isaac V D Heard
I Van Etten

Territory of Minnesota
County of Ramsay

Be it known that on the second day of May AD 1853, before the undersigned, personally came Julius Austrian the Grantor to the foregoing and within Deed from him as such Grantor to Charles H Oakes, to me personally known to be the identical person described in and who executed the said deed, and who acknowledged that he executed the said deed freely and voluntarily for the uses and purposes therein expressed.

I Van Etten

Notary Public
Minnesota Territory

Charles W. W. Borup and Charles H. Oakes: married into the La Pointe mixed blood Beaulieu family; built the American Fur Company outift at New Fort, La Pointe; and started Minnesota’s first bank.
~ HeritageAuctions.com

St. Paul, May 2nd 1853

$200

Julius Austrian

– – – – –

St. Paul, May 2nd 1853

$300

On or before the first day of November A.D. 1854, I promise to pay Charles H. Oakes, on order, at the office of Mesfrs. Borup and Oakes, St. Paul, Min. Ter., the sum of Three Hundred dollars, value received—and in case of default in the payment of the above sum of money, then I agree to pay interest on said principal sum at the rate of ten percent per annum until paid.

Julius Austrian

– – – – –

St. Paul, May 2nd 1853

$200

Julius Austrian

– – – – –

St. Paul, May 2nd 1853

$400

Julius Austrian

[Filed 11/30/89]

Power of Att’y

from Jos Austrian
to Jul. A.

Registers certificate inside.
Recorded.

– – – – –

State of Michigan
County of Houghton

Joseph Austrian lived at La Pointe with his brother Julius during 1851 and 1852.
~ Austrian Papers

Know all men by these presents that I Joseph Austrian of Eagle River county of Houghton and State of Michigan have made, authorized, nominated and appointed and by these presents do make authorize nominate and appoint Julius Austrian of La Pointe county of La Pointe and State of Wisconsin my attorney for me and in my name and to my use, to enter into, and take possession of all such messuages, lands tenements, hereditaments, and real estate whatsoever, in La Pointe County of La Pointe State of Wisconsin, whereof I now am, or hereafter may be by any ways or means howsoever entitled or interested in, either in severalty and jointly or in common with any other person or persons.

And also for me and in my name, to grant, bargain, and sell, the same messuages lands, tenements and hereditaments, or any part, share or portion thereof, and all such rights, titles, interest, claim, and demand both in law and equity, as I may have in the same, for such sum and price, and on such terms, as to him shall seem meet, and for me and in my name to make, execute, and deliver good and sufficient deeds and conveyances for the same, and every part thereof, either with or without covenants and warranty.

The north coast of La Pointe was patented in Joseph Austrian‘s name during 1852.
~ General Land Office

And while the sale thereof, for me, and in my name, and for my use, to let and do wise the same real estate or any part of parts thereof for the best rent that can be gotten for the same.

And also for me and in my name, and to my use to ask, demand, recover and receive all sums of money which shall become due, owing or payable to me by means of any such bargain, sale or lease. And to have, use, and take, all lawful ways and means for the recovery thereof by attachment, unrest, distress, or otherwise, and to compound, arbitrate, and agree, for the same and aquittances or sufficient discharges for the same, for me and in my name, to make, seal and deliver, and generally to do, execute, and perform, every thing that may be neccesary in and about the premises, as fully in every respect as I myself might or could do, if I were personally present.

And an attorney or attorneys under him for any or all of the purposes aforesaid, to make and substitute, and again at pleasure to revoke. And I hereby ratify, allow, and confirm, all, and whatsoever my said attorney shall do or cause to be done, in and about the premises by virtue of these presents. In witness whereof I have hereunto set my hand and seal.

Eagle River May 31st 1854.

Joseph Austrian

Signed Sealed and delivered in the presents of

Charles Hembeck
A W. Senter

State of Michigan
County of Houghton

Personally appeared before me Joseph Austrian and acknowledged that he executed the within Power of Attorney, and I further certify, that I well know the said Joseph Austrian, and that he is the same individual who is described as the within conveyance and who executed the same. Eagle River May 31st 1854.

Simon Mandlebaum

Justice of the Peace

Houghton County
Michigan

– – – – –

STATE OF MICHIGAN,

County of Houghton

I James Crawford Clerk of said County of Houghton DO HEREBY CERTIFY, that Simon Mandlebaum – whose name is subscribed to the Certificate or proof of acknowledgement of annexed Instrument, and therein written, was, at the time of taking such proof or acknowledgement a Justice of the Peace in and for said County, duly Elected and qualified, and duly authorized to take the same; AND FURTHER, that I am well acquainted with the hand writing of such Justice of the Peace and verily believe that the signature to the said Certificate or proof of acknowledgement is genuine; I FURTHER CERTIFY, that said Instrument is executed and acknowledged according to the Laws of this State.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Eagle River this Twelfth day of September A. D. 1856.

James Crawford
Clerk.

A Warranty Deed

S S Vaughn and Peter B Vanterventer
to
M. H. Manddlebaum
7 day April A. D. 1855

Recd for Record April 7 1855 at 4 Oclock P.M and Recorded in Book A of Deeds on Page (127)

John W Bell
Register of Deeds for
La Pointe County
Wis

 

– – – – –

Samuel Stuart Vaughn
~ Western Reserve Historical Society

Know all men

by these presents that we S. S. Vaughn and Peter B Vanderventer and Caroline Vanderventer his wife of the Town and County of Lapointe and State of Wisconsin in consideration of Two hundred Sixty Two and a half dollars to us paid by M. H. Manddlebaum of Town County and State aforesaid the receipt whereof we do hereby acknowledge do by these presents give grant bargain sell and convey unto the said M H Manddlebaum his heirs and assigns a certain piece of land described as follows to wit lot No F??? one in Section No Four and lot No one in Section No Five Township no Forty nine range no Three containing Fifty two acres and forty seven hundreth of an acre together with all the privileges and appurtenances to the said land in any wise appertaining and belonging.

Vaughn/Vanderventer‘s lots 1 & 1 by Old Fort (Grant’s Point) La Pointe.
~ General Land Office

To have and to hold the above granted granted premises to the said M. H. Manddlebaum his heirs and assigns and to his and their use and behoof forever. And we S. S. Vaughn and Peter B Vanderventer and Caroline Vanderventer his wife for ourselves our heirs executors and administrators do covenant with the said M. H. Manddlebaum his heirs and assigns that we are lawfully seized in fee of the aforesaid premises that they are free from all incumbrances that wee have a good right to sell and to convey the same to the said M. H. Manddlebaum as aforesaid and that we will and ours heirs executors and administrators shall warrant and defend the same, to the said M H Manddlebaum his heirs and assigns forever against the lawful demands of all persons.

In testimony whereof we have hereunto set our hand and seal this 7 day of April A.D. 1855

S. S. Vaughn
P. B Vanderventer
Carline (her X mark) Vanderventer

Antoine Gordon was an influential Mixed Blood member of the La Pointe Band.

Sealed and delivered in presence of

John W Bell
A. Gaudin

State of Wisconsin
Lapointe County
April 7th 1855

They personally appeared before me the above named S. S. Vaughn, Peter B Vanderventer and Caroline wife of said Peter B. Vanderventer, who severally acknowledged they did sign and seal the foregoing instruments as their free act and deed, and the said Caroline wife of said Peter B Vanderventer on a private examination before me separate and apart from the said husband acknowledged that she did execute the foregoing deed without any fear or compulsion from her said husband or any other person.

John W Bell

Justice of the Peace in & for
Lapointe County Wisconsin

Deed ~

Antoine & Sarah Gaudin
to Joseph Austrian

Received for Record June 16 1855 [???] and Recorded in Book A of Deeds on page 153.

John W Bell Register for
La Pointe County Wisconsin

– – – – –

WARRANTY DEED. —  Printed and sold by SANFORD & HAYWARD, Cleveland, Ohio.

To all People to whom these Presents shall come—GREETING:

KNOW YE, That

we Antoine Gaudin of the County of La Pointe and State of Wisconsin and Sarah wife of said Antoine Gaudin

“Mr. and Mrs. Antoine Gordon,
the founders of Gordon,
would have liked King Midas Flour.”
~ History of Gordon

For the consideration of the sum of two hundred and fifty dollars received to our full satisfaction of Joseph Austrian of Eagle River in the State of Michigan do give, grant, bargain, sell and confirm unto him the said Joseph Austrian the following described TRACT or LOTS of LAND, situate in the township of Lapointe being number (49) in the third range of Townships, which is also in the county of Lapointe and is known

as Lots two (2) and three (3) of section number five (5) containing one hundred acres (100)

Gordons’ lots 2 & 3 near Old Fort (Grant’s Point) La Pointe.
~ General Land Office

TO HAVE AND TO HOLD the above granted and bargained premises, with the appurtenances thereunto belonging, unto him the said Joseph Austrian his heirs and assigns forever, to his and their own proper use and behoof. And we the said Antoine Gaudin and Sarah his wife do, for ourselves our executors and administrator, covenant with the said Joseph Austrian his heirs and assigns, that at, and until the ensealing of these presents we are well seized of the premises, as a good and indefeasible estate in FEE SIMPLE, and have good right to bargain and sell the same in manner and form as above written, and that the same be free from all incumbrance whatsoever. And furthermore, we the said Antoine Gaudin and Sarah his wife do by these presents find ourselves, our heirs, forever, to WARRANT AND DEFEND the above granted and bargained premises to him the said Joseph Austrian his heirs and assigns, against all lawful claims and demands whatsoever. And I the said Sarah wife of the said Antoine Gaudin do hereby remise, release, and forever quit claim unto the said Joseph Austrian his heirs and assigns, all my right and title of dower in the above described premises.

In Witness Whereof, we have hereunto set our hands and seals the fourteenth day of June in the year of our Lord one thousand eight hundred and fifty five.

A. Gaudin
Sarah (her X mark) Gaudin

Signed, Sealed and Delivered
in presence of

John .W. Bell.
M. H. Mandelbaum

THE STATE OF WISCONSIN,
COUNTY OF LA POINTE.

June 14 1855.

Personally appeared before the me above named Antoine Gaudin and Sarah his wife who acknowledged that they did sign and seal the foregoing instrument, and that the same is their free act and deed. I further certify, that I did examine the said Sarah wife of said Antoine Gaudin separate and apart from her husband, and did then and there make known to her the contents of the foregoing instrument, and upon that examination she declared that she did voluntarily sign, seal and acknowledge the same, and that she is still satisfied therewith.

John W. Bell
Justice of the Peace

Warrantee Deed

Joseph Austrain
to
Francois Cadotte

Office of Register of Deeds
La Pointe County Wis

I hereby Certify that the within Deed was filed in this office for Record Jany 21st 1858 A M and was duly Recorded in Book A of Deeds Vol [2 or 3?] and page 239.

John W Bell
Register

Fees $1.00

– – – – –

WARRANTY DEED.
Sold by E. Terry & Co., Milwaukee

This Indenture,

Made the Twenty first day of January in the year of our Lord one thousand eight hundred and fifty eight between

Joseph Austrian by Julius Austrian his attorney in Fact Party of the first part and Francois Cadotte of Lapointe County Wisconsin, party of the second part.

Antoine and Frank Cadotte (son and grandson of Michael and Madeline Cadotte, and Mixed Blood member sof the La Pointe Band).
~ Madeline Island Museum

Witnesseth, That the said party of the first part, for in consideration of the sum of Forty dollars Lawfull Money of the United States of America to him in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged has given, granted bargained, sold, remised, released, aliened, conveyed, and confirmed, and by these presents does give, grant, bargain, sell, remise, release, alien, convey, and confirm unto the said party on the second part, and his heirs and assigns forever

the following Described Real Estate situated in the County of of Lapointe and State of Wisconsin, and Known as Lot number Thirty four (34) in the Town of Lapointe according to the Recorded Plat of said town as recorded in the Registers Office of said County of Lapointe.

Cadotte‘s block 34 in downtown La Pointe.
~ Julius Austrian Papers (maps folder)

Together with all and singular the Hereditaments and Appurtenances thereunto belonging, or in any wise appertaining; and all the estate, right, title, interest, claim, or demand whatsoever of the said party of the first part, either in Law or Equity, either in possession or expectancy of, in and to the above-bargained premises, and their Hereditaments and Appurtenances TO HAVE AND TO HOLD the said premises as above described, with the Hereditaments and Appurtenaces unto the said party of the second part, and to his heirs and assigns forever.

And the said Joseph Austrian by his P attorney for himself his heirs, executors, and administrators, does convenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these present, he is well seized of the premises above described, as of a good, sure, perfect, absolute, and indefeasible estate of inheritance in the Law, in fee simple, and that the same are free and clear from all incumbrances whatever, and that the above-bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns against all and every person or persons, lawfully claiming the whole or any part thereof [???] will forever WARRANT AND DEFEND.

In Witness Whereof, the said party of the first part, has hereunto set his hand and seal the day and year first above written

Joseph Austrian

by Julius Austrian
his Att in fact.

Sealed and delivered in presence of

John W Bell

STATE OF WISCONSIN
COUNTY OF La Pointe

Be it Remembered, that on the Twenty first day of January A. D. 1858 personally came before me the above-named Joseph Austrian by Julius Austrian his attorney in fact to me known to be the person who executed the said Deed, and acknowledged the same to be his free act and deed, for the uses and purposes therein mentioned.

John W Bell
Justice of the Peace

Antoine Gordon & wife
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 July 11th 1858 oclk and was duly Recorded in Book A of Deeds Vol 2 & page 296.

J W Bell
Register

rec 1 day of July 1861
$550 – 7%.

– – – – –

WARRANTY DEED.  Sold by E. Terry & Co., Milwaukee.

This Indenture,

Made the Eleventh day of February in the year of our Lord one thousand eight hundred and fifty eight between

Antoine Gaudin and Sarah Gaudin his wife of La Pointe County & State of Wisonsin of the first part and Julius Austrian of the Same County and State party of the Second part.

Witnesseth, That the said parties of the first part, for and in consideration of the sum of Eight hundred Dollars receipt whereof is hereby confessed and acknowledged, has given, granted bargained, sold, remised, released, aliened, conveyed, and confirmed his heirs and assigns forever

Gordons‘ lot 9 in downtown La Pointe.
~ Julius Austrian Papers (maps folder)

the following Described Real Estate situated and lying in the Town of La Pointe as on Record in the Registers Office of Lapointe County aforesaid and known and Descried as follows being Lot number nine (9) in Block number Thirty six (36) in Said Town of Lapointe, hereby absolutely Revoking and annulling a Deed of Gift, Executed by us to our son Edward on the eighth day of May 1855, and witnessed by John W Bell & William Morin and Recorded same day in the Registers Office of Lapointe County in Book A of Deeds Vol 1 & page 138 for the said described premises.

Together with all and singular the Hereditaments and Appurtenances thereunto belonging, or in any wise appertaining; and all the estate, right, title, interest, claim, or demand whatsoever of the said parties of the first part, either in Law or Equity, either in possession or expectancy of, in and to the above-bargained premises, and their Hereditatments and Appurtenances. TO HAVE AND TO HOLD the said premises as above described, with the Hereditaments and Appurtenances, unto the said party of the second part, and to his heirs and assigns forever.

And the said Antoine Gaudin & wife for themselves heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these present, they are well seized of the premises above described, as of a good, sure, perfect, absolute, and indefensible estate of inheritance in the Law in fee simple, and that the same are free and clear from all incubrances whatever, and that the above-bargained premises, in the quiet and peaceable possession of the said party of the second part, his heirs and assigns against all and every person or persons, lawfully claiming the whole or any part thereof He will forever WARRANT AND DEFEND.

In Witness Whereof, the said parties of the first part, has hereunto set their hands and seals the day and year first above written.

A. Gaudin
Sarah (her X mark) Gaudin

Sealed and delivered in presence of

John W Bell
John [Clikf?]

STATE OF WISCONSIN
COUNTY OF Lapointe

Be it Remembered, that on the Eleventh day of February A.D. 1858 personally came before me the above-named Antoine Gaudin & Sarah Gaudin his wife to me known to be the persons who executed the said Deed, and acknowledged the same to be their free act and deed for the uses and purposes therein mentioned.

John W Bell
Justice of the Peace

Warrantee Deeds

Francis Cadotte
to
Julius Austrian

Office of Register of Deeds
La Pointe County Wis.

I hereby Certify that the within Deed was filedin this Office for Record May the 8th 1858 at M and was duly Recorded in Book A of Deeds Vol 2 on pages 370 & 71

John W Bell
Register of Deeds

Fees $7-

– – – – –

WARRANTY DEED. Sold by E. TERRY & CO., Milwaukee.

This Indenture,

Made the Eighth day of May in the year of our Lord one thousand eight hundred and fifty Eight between

Francis Cadotte of LaPointe County, Wisconsin, party of the first part and Julius Austrian of Lapointe county party of the second part.

Witnesseth, That the said part of the first part, for and in consideration of the sum of Forty Dollars lawfull money of the United States to him in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged has given, granted, bargained, sold, remised, released, aliened, conveyed, and confirmed, and by these presents does give, grant, bargain, sell, remise, release, alien, convey, and confirm, unto the said party of the second part, and his heirs and assigns forever

the following described Real Estate situate in the County of LaPointe and State of Wisconsin, and Known as Lot Number Thirty four (34) in the Town of La Pointe, according to the Recorded Plat of said Town as Recorded in the Registers Office of said County of La Pointe.

Block 34 in New Fort (downtown) La Pointe.
~ Julius Austrian Papers (maps folder)

Together with all and singular the Hereditaments and Appurtenances thereunto belonging, or in any wise appertaining; and all the estate, right, title, interest, claim, or demand whatsoever of the said party of the first part, either in Law or Equity, either in possession or expectancy of in and to the above-bargained premises, and their Hereditaments and Appurtenances.  TO HAVE AND TO HOLD the said premises as above described, with the Hereditaments and Appurtenances made the said party of the second part, and to his heirs and assigns forever.

And the said Francis Cadotte for himself his heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these present, he is well seized of the premises above described, as of a good, sure, perfect, absolute, and indefensible estate of inheritance in the Law, in fee simple, and that the same are free and clear from all incumbrances whatever, and that the above-bargained premises, in the quiet and peaceable possession of the said party of the second part, his heirs and assigns against all and every person or persons, lawfully claiming the whole or any part thereof He will forever WARRANT AND DEFEND.

In Witness Whereof, the said party of the first part, has hereunto set his hand and seal the day and year first above written.

Francis Cadotte

Sealed and delivered in presence of

John W Bell

STATE OF WISCONSIN
COUNTY OF La Pointe

Be it Remembered, that on the Eight day of May A.D. 1858, personally came before me the above-named Franis Cadotte to me known to be the person who executed the said Deed, and acknowledged the same to be his free act and deed, for the uses and purposes therein mentioned.

J W Bell
Justice of the Peace

Office of Register of Deeds

La Pointe County Wisconsin Sept 5th 1859

I hereby Certify that up to this date, that the two United States Patents, to Julius Austrian numbered (79,458) and(2421) for Lands on Madeline Island have never been Recorded in this Office, nor any instrument from any person, in relation to any of the lands embraced in said Patents, and that the same are free from all incumbrances.

John W Bell

Register of Deeds