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Sheriff Sales
Alfred Noyes in his book History of Southern Montana
has this note:
Probably the first Sheriff's deed on record in Montana, was the sale of a certain piece of property,
described as follows: The undivided one-quarter interest in and to claim No. 9, west, on the
Dakota Lode, Idaho Territory, on August 3rd, 1863, by Henry Plummer, Sheriff, to Moses
Burring and J. D. Ritchie, to satisfy a judgment of Moses Burris, Plaintiff, against John Ault.
Execution issued out of the Miners' Court, Bannack District.
When Sidney Edgerton, later to become the first Governor of Montana Territory, arrived in Bannack in September, he was able to buy quite a large house at a Sheriff's sale. The deed was handwritten and signed by Henry Plummer. There is a photo of this deed in the book Golden Treasure by Mable Ovitt. The date is unreadable in the photo. Here is the text of the deed.
This Indenture made this ... day of Sept
AD 1863, between Henry Plumer Sheriff of
Bannack District Idaho Territory and
Sidney Edgerton = Whereas by virtue of a writ
of Execution to me directly issued out of
Miners Court of Bannack District Idaho
Territory in the case of C M Davis against
A J Higgins & James Reece I did after having given due notice
according to law sell at public auction all
the right, title & interests of the said defendants
in & of the following described property. Being
the house & lot situated on the north
side of the main street of Bannack
City Yankee Flat Addition for the sum of
Four hundred Dollars unto Sidney Edgerton
he being the highest & best bidder.
Now then for this indenture witnesseth
that I Henry Plumer as sheriff, as aforesaid
do hereby grant, Bargain, sell & Convey unto
Sidney Edgerton for and in consideration of
the sum of Four Hundred Dollars to me by
him in hand paid the receipt of
which is hereby acknowledged, all of the
right title and interest, of A. J. Higgins & James
Reece in & of the afore described property
To Have & to hold the same for his heirs &
assigns forever.
And as Sheriff do guarantee the title
to same against the lawful claims of
all persons, whomsoever.
In testimony whereof I have hereto set
my hand & seal on the day & date first
above written.
(signed) Henry Plumer (seal)
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