m. 22 APR 1816
Facts and Events
Every Delaune in Louisiana (except for 2 in Iberville Parish) was living in Assumption Parish in 1860.
Three Delaune families in Assumption Par in 1840... Christophe, Fostin Ve., Auguste.
Partition Joseph Delaune and Azelie Boudreaux, in Assumption Parish, Louisiana Conveyances, Bk 37, p 708, 30 Dec 1887 Assumption Parish, Clerk of Court. Conveyance Record Book 37, p. 708:
Children and Heirs of Joseph Delaune and Azelie Boudreaux his wife to Joseph Onile Delaune, Alcée Delaune, Devilliers Delaune and Marcilien Arceneaux
Sale of Plantation &c.
United States of America, State of Louisiana, Parish of Assumption
Be it known that on this thirtieth day of the month of December in the Year of Our Lord one Thousand eight hundred and eighty seven and of the Independence of the United States of America the one hundred and twelfth,
Before me Louis Ulysse Folse, a notary public, duly commissioned, sworn and qualified in and for the Parish and State aforesaid, therein residing and in the presence of the witnesses hereinafter named and undersigned.
Personally came and appeared Messieurs Joseph Onile Delaune, Alcée Delaune, Devilliers Delaune, Camille Delaune, Mistresses Marie Delaune wife of Ferdinand Venissat, herein duly authorized and assisted by her said husband who is also present, Elizabeth Delaune, wife of Marcilien Arceneaux and herein duly authorized and assisted by her said husband who is also present, and Judith Delaune, wife of Aristide Arseneaux herein duly authorized and assisted by her said husband who is also present, residents of this Parish of Assumption and Auguste Delaune a resident of the State of Texas, all of age and the only heirs of the late Joseph Delaune and his wife Azelie Boudreaux.
Who declared that today at the sale at auction of the property of the succession of the late Joseph Delaune and Azelie Boudreaux his wife, their deceased father and mother, made by virtue of the annexed advertisement published in the Pioneer of Assumption a newspaper published in this Parish, for at least thirty days prior to this day, to effect a partition among them which sale was cried by the Sheriff of this Parish — Messieurs Joseph Onile Delaune, Alcée Delaune Devilliers Delaune and Marcelien Arceneaux became the adjudicates of the following described property for the following price and on the following terms and conditions contained in said advertisement, to wit:
1º A certain sugar plantation, situated in the Parish of Assumption right bank of Bayou Lafourche at about four and one half miles below the town of Napoleonville, measuring about three arpents more or less front on said Bayou Lafourche on a depth of eighty arpents, between parallel lines, bounded above by land of Theodule Arceneaux and below by that of Mrs. W. W. Pugh Jr., together with all the buildings and improvements thereon and thereunto belonging, also 3 double plows, 2 single plows, 1 advance plow, 1 fluke, 6 hoes, 6 stubble hoes, 2 three mules cart[s], complete sets of harness for carts and plows, 2 shovels, one bundle barbed wire, one lot six feet pickets and corn and hay for the whole year — for the price and sum of eight thousand dollars — — — $8000 00/xxx
The warehouse belonging to the Estate of Robert Pugh the store and buildings belonging to Camille Delaune and one stable belonging to a colored man, on said plantation are reserved and excepted from said sale.
2º One red mare mule, for one hundred and ninety Dollars $190 00/xx 3º One red horse mule, for one hundred Dollars $100 00/xx 4º One black mare mule for one hundred and eighty Dollars $180 00/xx 5º One brown mare mule for one hundred & thirty five Dollars $135 00/xx 6º One brown mare mule for one hundred & fifteen Dollars $115 00/xx 7º One dark brown mare mule for one hundred and eighty Dollars $180 00/xx Making altogether the sum of Eight Thousand and Nine hundred Dollars $8,900 00/xx
On the following terms and conditions: The landed property and movables thereon firstly described to be sold in block for one half cash and the balance in one and two years from the day of sale, the purchaser or purchasers to furnish their notes to the satisfaction of the administratrix, the said landed property to remain mortgaged and hypothecate under the pact de nonalienando to secure the payment of said notes or any part thereof Said credit portion of said price to bear eight per cent per annum interest from date of sale until paid. Should legal proceedings be resorted to to recover said notes as aforesaid, the purchaser or purchasers to pay ten per centum on the principal and interest for attorney’s fees, which shall be secured by special mortgage and vendor’s privilege on said landed property.
The other movables for cash.
Now the said appearers further declare that in pursuance of said adjudication and to perfect the title of said adjudicatees to said property, so adjudicated to them as above stated, they do by these presents sell, grant, bargain, convey, transfer, assign, set over and deliver, henceforth and forever, with full legal warranty, and with substitu__n and subrogation to all their rights and actions in warranty against all preceding owners and vendors. To and unto the said Joseph Onile Delaune, Alcée Delaune, Devilliers Delaune, and Marcilien Arceneaux, who are here present, accepting and purchasing jointly, one undivided forth [sic] each for themselves their heirs and assigns and acknowledging due delivery and possession thereof, All their rights, title and interest as heirs of the said late Joseph Delaune and Azelie Boudreaux his wife in and to the above described plantation together with all the buildings improvements and movable property thereon mentioned above (with the exceptions mentioned above) and the six mules also above described. Their rights, title and interest as heirs aforesaid being in the proportion of one undivided eighth each.
The present sale is made and accepted in pursuance to said adjudication for the price and sum of eight Thousand Dollars for the said plantation and nine hundred dollars for the six mules described above.
Out of which price the purchasers have paid cash into the hands of Joseph Onile Delaune who is authorized by all the heirs to receive the same for a partition among them all, the sum of four thousand nine hundred Dollars being the one half of the price of the plantation and the whole price of the six mules, for which aquittance is hereby granted to the purchasers and out of the balance of four thousand Dollars remaining due upon the price of said plantation the purchasers Joseph Onile Delaune, Alcée Delaune and Devilliers Delaune have retained five hundred Dollars each being the one eighth thereof to which they are entitled as their share as heirs aforesaid and the Marcilien Arceneaux whose wife is entitled to five hundred Dollars also as her share as heir aforesaid retains the said five hundred Dollars, which he binds himself to account therefore to his said wife whenever she shall request it. And for the other two thousand Dollars remaining due the purchasers have furnished their eight joint promissory notes to their own order and by them endorsed in blank for the sum of two hundred and fifty Dollars each, four of which [are] payable at one year and four at two years from this day until paid at the rate of eight per cent per annum, which eight notes after having been paraphed [?] “No Varietur” by one notary in order to be identified herewith were delivered two of which to Camille Delaune, two of which to Auguste Delaune, two of which to Mrs. Marie Venissat and two of which to Mrs. Judith Arceneaux who acknowledge the receipt thereof being their shares as heirs aforesaid in the said credit portion of their price.
In case suit or other judicial proceedings of any kind are instituted to recover the payment of said eight notes or any part thereof the purchasers bind and obligate themselves to pay the fees of the attorney or attorneys at law employed for the purpose at the rate of ten per centum on the amount sued for in principal and interest. And in order to secure the punctual payment of said eight notes in principal and interest and of the attorney’s fees above stipulated, the plantation above described and herein sold is and remains specially affected with the vendor’s privilege and mortgaged and hypothecate under the pact de non alienando in favor of the said Camille Delaune, Auguste Delaune, Marie Venissat and Judith Arceneaux and to enure to the use, benefit and advantage of any and all future holder or holders of the said notes until the full and final payment thereof as well as of the said Attorney’s fees if any there be.
From a certificate bearing date of this day and hereto annexed as part hereof from the mortgage office of this Parish there appears to exist no mortgage whatsoever on the property herein above described and sold. All State, Parish and other taxes have been paid on the above described property as appears by the Tax Collector’s receipts which have been exhibited to one.
Thus done and passed at the Parish of Assumption on the day, month and year first above written in the presence of Messrs William W. Pugh Jr and Wallace Acaman [?] competent witnesses who together with the parties hereto and me, notary, have signed these presents after due reading thereof.
J. O. Delaune —— Alcée Delaune Devillier Delaune —— Camille Delaune Marie J. Venissat —— F. Venissat W. W. Pugh Jr —— Elizabeth Arceneaux —— An. Arceneaux Wallace Acaman [?] —— Judith J. Arceneaux —— Aristide Arceneaux A. Delaune
L. U. Folse, Not. Pub. Recorded December 31st 1888 C. Dugas, Clerk