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ABSTRACT OF TITLE <br />1I <br />853 FOREST <br />Lot 37 in Edward P. Chapin's First Plat of Chapin Place Addition to the To n, now City <br />of South Bend <br />The East half of Section Two Township Thirty -seven North Range Two East <br />Deed Recites: "Which half section of land was granted to the above named Laurance <br />Bertrand by the Treaty made and concluded at Chicago, in the State of Illinois between <br />Lewis Cass and Solomon Sibley, Commissioners of the United States and the Ottawa, <br />Chippewa and Pottawatimie nations of Indians on the 29' day of August, A.D. 1821." <br />Francis Comparet and Eleanor Comparet, his wife To Alexis Coquillards his heirs and <br />assigns a Quit Claim Deed, Dated Oct. 24, 1835, Recorded Dec. 26, 1835 <br />Detai I ls of litigation concerning Alexis Coquillard and John Defrees versus The State <br />Bank of Indiana, South Bend Branch and the Kankakee Mill Race September 1843 and <br />continues to cite suits up to march, 1846 until State Bank of Indiana executes a Warranty <br />Deed to Horatio Chapin Dated July 19, 1855. <br />Also records the Quit Claim Deed dated Sept 4, 1874 of Phebe A. Chapin, widow of <br />Horatio Chapin, deceased to Mary E. Anderson and Edward P. Chapin and the Partition <br />of the property between Mary Chapin Anderson and Andrew Anderson to Edward P. <br />Chapin dated June 3, 1875 with a Map showing Lot 37. <br />The ownership of Lot 37 being transferred to Charles E. Clipfell from the Cll arles and <br />Edward Chapin families on September 4, 1890. The Mortgage between Ann Klingel and <br />the Clipfells dated May 7, 1900. The Foreclosure in St. Joseph Circuit Court Estate of <br />Anna Klingel versus the Clipfells and the judgement rendered, September 15, 1903 and <br />subsequent purchase by Albert G. Harlin on November 7, 1903 and then to William Happ <br />on November 9, 1904. <br />I <br />Note #38 September 4, 1890 deed restrictions: "This deed is made upon the express <br />condition that the said grantee, his heirs and assigns, shall erect and construct a good an d <br />substantial dwelling house on said lot to cost not less than $850 within three years from <br />date hereof and shall erect and maintain forever a good and substantial fence i across the <br />west F end of said lot. And further that any and all outbuildings that may be e on <br />said lot shall be kept and maintained within 25 feet of the west line of said lot. On any <br />violation of all or either of these conditions the title to said premises herein conveyed <br />shall revert to the grantor, Edward P. Chapin, his heirs and assigns" and Whereas the <br />condition relating to the dwelling house on said lot to cost not less that $850.00 to be <br />erected within three years has been fully complied with and whereas it was not the <br />intention of the said grantors that the restrictions should prevent the erection of a private <br />