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Σάββατο, 31 Μαΐου 2014

Geraki, 2/6/1867: The case of the disputed garden


The first in the series bringing to light interesting old contracts from the 1800s, researched and edited by "Family Trees of Southern Parnon". 
Précis:

The case of the disputed garden where the defendant Antonios Daras recognises the rights of the complainant Angelis Gerakos to have access, to water, and even to legally sell his garden at Kato Vrysi, the only restriction being to not alter the location of the dividing wall, as documented in the notarial deed by Sotirios A. Papagiannopoulos, notary magistrate of Geronthres, on 2 June 1867.
Transcription of original manuscript by Nikolas Kalkanis, Gregory Kontos, and Stelios Hagias
Translation by Dimitris Katsambis and Nikolas Kalkanis


Official text of the case 

Agreement

At Geraki in the Municipality of Geronthres, on  this day, Friday afternoon the second of June in the year eighteen hundred and sixty-seven, in the residence of Giannis Staikos of the parish jurisdiction of the Holy Church of the Koimisis of the Theotokos, before me Sotirios A. Papagiannopoulos, notary magistrate of Geronthres, tenant of the said residence, appeared the disputing parties Antonios Ioanni Daras, farmer,  and Angelis Gerakos, farmer-landowner, both local residents whose identity was vouched for by the undersigned attesting witnesses, in whose presence they were cross-examined, after being informed of the meaning of Article 173 of the Law relating to agency courts, the drawing up of this contract, the drafting of the current agreement through me, they request to determinate that there is a dispute between them, the first as complainant  and the second as defendant, [born] in proceedings before the magistrate of Chrysafa  on paying  fifteen drachmae being the value for various stones comprising the wall dividing two vegetable  gardens located at Kato Vrysi, within the periphery of the village of Geraki. By reason of  this dispute my Decision  No. 190 of the year 1865, in the first instance,  and lastly the Decision No. 170 of the previous year (1864), of the same facts, acquits the defendant, the contracting parties settling voluntarily and without intervention: the said wall in the said location be considered from now and forever as  property of Angelis Gerakos but without the right to alter it from its existing state, [but] be permitted to water the said garden whenever he so determines and to transfer property rights [his garden] without  any restriction, such as he would like. On the other hand,  Antonios Daras, renouncing any right  to the dividing wall, pleaded it be regarded as property of Gerakos. Both agree to terminate the said trial, the decisions be declared void, as if never issued; in other words not to have any other demand  against each other. All matters were concluded and accepted by both parties, who were reminded of the Law about the Registration in the Land Register and the consequences of breaching it.  This document was subsequently drafted, read out clearly and comprehensibly before the contracting parties and witnesses, Messrs Anagnostis Papanikolaou, landowner, and Dimitrios Karamanos, bailiff, both being local residents, known by me. The document was duly signed.

Contracting  parties 
Angelis Gerakos (signature) 
Antonios I.  Daras (signature)

Witnesses 
Anagnostis Papanikolaou (signature) 
D. G. Karamanos (signature)

Notary Magistrate
S. Papagiannopoulos (signature)

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