The contract discussed here was for the purchase of a Vineyard "free of all emcumbrances" in Alsónovaj. It is likely that the land was inherited by Mrs. Magyar (the seller's wife) from her first husband. Also, there is an unusual clause giving her use of the land for her lifetime. Probably one of these facts prevented the sale from being recorded by the Property Registrar, leading to an appeal to the courts. The resultant court order is also discussed here.
Sale/Purchase Contract
Format: Standard Printed Contract Form of the Early 20th Century.
Page 1 ------ ----- Page 2 ----- ------ Cover
of Contract
1908 Decree (Végzés) of the Royal District Court
The differences settled by this decree were certainly trivial, since the decree was handed down only two weeks after the property sales contract was signed. This one page document directs the property registrar to delete an emcumbrance from the record to permit the transaction to be recorded, and directs a whole bunch of folks to cooperate in that action. It is signed by a judge of the Royal District Court.
Court Order
Content of Documents.
Sale/Purchase Contract
- Header: In addition to the heading Sale-Purchase Contract and the cancelled tax stamp, the top of the document identifies the seller and buyer: "The party of the first part, József Magyar, Jr. and his wife Mária Bazsó (whose first husband was András Vereb) of Idrány, are the sellers, and the party of the second part András Molnár and his wife born Borbála Ortó of Alsónovaj the buyers, agreed on the day indicated below to the following contract terms:" Since the first husband is mentioned, it is possible that Mrs. Magyar inherited the vineyard from him.
- Item 1 describes the property and terms of sale. This paragraph identifies the current ownership of the Alsónovaj property by an entry number in the village property register (községi telekkönyvben), associates it with a topographical survey identifier (helyrajzi számú) number 550, again identifies the sellers, states the price (100 Korona) and finally identifies again the buyers.
- Item 2 states that the buyer agrees to take over the property, and acknowledges that fact by signing this contract.
- Item 3 states that the buyer from this day takes possession of the purchased property, and enjoys all the benefits and obligations of ownership, including payment of taxes set by the village.
- Item 4 states that the sellers inform the buyer that he may take possession of the property without any further questions.
- Paragraph 5 (added to standard form): This paragraph appears to grant Mrs. Magyar use of the vineyard for her lifetime. Such life tenancy is quite unusual and may have been a factor in the subsequent court proceedings needed to properly register the land in the name of the Molnár's.
- Signature Block: Signed in Abaujszántó on 12 May 1908 in the presence of (Elöttünk) two witnesses (tanu) for whom no specific title or position is identified. Then the sellers (Mr. and Mrs. Magyar) signed, and then the buyers (Mr. and Mrs. Molnár). Note the Mrs. Magyar signed as such, but Mrs. Molnár signed using her birth name.
- Cover Page:
Court Order.
- Document Number. Note that the decree begins with the case number of the transaction in the local property register (2262/908 tkv). Apparently, the buyers (the Molnár couple) found when they tried to record the contract that there was an impediment.
- Introductory Paragraph. "Application to record property rights of András Molnár and wife against József Magyar, Jr. and wife -- A Decree"
- Body of Document. This paragraph summarizes the transaction again including the identification of the sellers and buyers and the property and decrees that "a registered beneficiary right is ordered simultaneously deleted" to the benefit of the Molnars. It was also ordered that the Molnárs "right of sale" of the property be recorded. The decree is not very clear about the cause of the impediment to registration, and I will not speculate about that cause. In any case, this decree gave the Molnárs what we would call "clear title" to the property. The judge then directed the office of the real estate registrar to record this decree.
- Copies of the Decree. Copies of the document were sent to (1) the Royal administrator who received the original for purposes of recording the decree, (2) Mr. Magyar and (3) Mrs. Magyar; (4) the Royal Revenue Administration in Kassa, (5) Royal Tax Office in Szikszó, and (6) the local magistrate in Alsónovaj.
- Signature Block. The date (27 May 1908) and place (Szikszó) are given and then the authority under which the decree was issued: the Royal District Court with Authority for Property Registers. At the bottom is the circular handstamp of the Royal District Court and the signature and title of the Royal District Judge -- kir. járásbiró.