Auction of the Hilberhof in Obermais
Auction edict issued by the Imperial-Royal District and Criminal Investigation Court in Meran for the public sale of the Hilberhof in Obermais, owned by the local Poor Fund, on 30 November 1835. The notice provides a detailed description of the parcels, water rights from the Kriegwaal channel, and apportioned feudal rents owed to Anton von Isser.
Full transcription
Pursuant to the communication of the laudable Imperial-Royal District Office of Bozen dated 19 September of this year, no. 8471/1203, and the authorization obtained from the high Provincial Gubernium on the 11th of the same month, the real property belonging by purchase of 23 June, page 1775, as the property of the Poor Fund of Obermais, will be sold at public auction, namely:
The so-called Hilberhof in Obermais, described in the Mais tax register under no. 2093, which still comprises the following parcels:
A. A residential dwelling and barn with its appurtenances and interior buildings, threshing floor, stables, etc., designated as no. 553, together with an adjoining small herb garden.
B. A parcel of arable and viticultural land of 6½ Graber and 5 Klafter. Both parcels form a single enclosure and border 1. and 2. upon the public road, 3. upon the barn of the Jobmann, and 4. upon the house field of the Pienznauer.
D. An assigned woodland parcel on the mountain, covered with hornbeam and oak, which was exchanged and substituted for the mountain parcel described in the tax register under letter D, measuring approximately 2,000 Klafter; bordering 1. upon the Brader mountain, 2. upon the Kleinhans mountain, 3. upon a rock face at Neuberg, and 4. upon the Ebenhofer mountain.
From this described mountain area, a stretch of approximately 1½ Star of land was cleared for viticulture and now exists as newly cleared land (Neuraut).
At the same time, it is noted that of this allocated mountain parcel, a section of approximately 50 Klafter is held by the Fink in Hagen, who cleared this section and united it with his own newly cleared land, and therefore no longer pertains to this property.
To this listed Hilber property there also belongs an allocated river-meadow (Aue) situated behind the Pietzen, measuring about 1½ Tagmahd, together with an irrigation water right from the Kriegwaal channel, to be enjoyed every Wednesday from 5 to 9 o'clock.
Over this Hilber estate, Mr. Anton v. Isser of Meran holds the seigniorial rights as successor to the Hall Hospital, to whom an annual ground rent of 2 Yhrn and 11 Patzeiden of must is to be delivered during the general grape harvest.
It must be noted here that upon this Hilberhof, which was subdivided into several parts many years ago, the feudal holder of the head tenure (Lehentragerei) is liable for all the ground rents apportioned according to the division among all parcels partitioned and sold off from this estate.
The entire formerly undivided Hilberhof pays Mr. Anton v. Isser an annual ground rent of 12 Yhrn and 10 Patzeiden of Praschlet.
Of this, the current holders are as follows:
1. The parcels described above, which, as already stated, owe in ground rent 2 Yhrn and 11 Patzeiden of must, or, including the auxiliary rent from meadow parcel lit. C partitioned off from the Hilberhof and now arable land, amounting to ½ Yhrn, in total 3 Yhrn and 6½ Patzeiden of Praschlet.
2. Joseph Glatz, Torglbaur, as owner of the Hilbacker tax no. 2275, who is to pay the principal feudatory 4 Yhrn of Praschlet annually as auxiliary ground rent.
3. Joseph Haller, wine measurer, pursuant to purchase dated 13 January 1816 of the so-called Hilbacher of 65 Star of land, who is to pay the principal feudatory 2 Yhrn and 6½ Patzeiden annually as auxiliary ground rent.
4. Joseph Gstrein and the widow Maria Breitebner, as owners of two parcels of arable land from the Hilbhof pursuant to the partition deed of 3 April 1811, each measuring 1 Star of land, who pay annually to the principal feudatory as auxiliary ground rent 10 Patzeiden from the former and 9 Patzeiden from the latter, making a total of 1 Yhrn and 9 Patzeiden.
5. Joseph Pichler, Waidmann, who, according to the partition deed of 14 December 1820, is the owner of a vineyard cleared from the Hilbhof at the Lahn measuring 7 Graber and 30 Klafter, and pays the principal feudatory 1 Yhrn and 2 Patzeiden annually as auxiliary ground rent.
6. Alois Elsler, as owner according to the purchase of 29 September 1808 of a meadow parcel of approximately 1 Tagmahd from this estate, who pays directly to the ground landlord only 6 kr. in fractional rent.
Furthermore:
E. A parcel of meadow land lying on the Roßlauf, measuring about 78 Klafter; bordering 1. upon the meadow of the Hecher heirs, 2. upon the provincial road, 3. upon the Unterwirth meadow, and 4. upon that of the Oberwirth.
Over this parcel, the princely Thurn and Taxis Revenue Office in Meran holds the seigniorial rights, although, since this meadow land is merely a communal allocation, no ground rent is paid to it.
F. A parcel of meadow land lying on the Roßlauf, measuring 1 Tagmahd and likewise a communal allocation; bordering 1. upon the marsh of the Dorfmeister in Untermais, 2. upon the Knottenbauer path, 3. upon the provincial road, and 4. upon the Huber meadow.
Over this parcel as well, the princely Thurn and Taxis Revenue Office in Meran holds the seigniorial rights, without, however, a specific ground rent being paid.
For all of these properties, the upset price determined according to the appraisal amounts to 1,800 fl. in the 24-florin standard.
Conditions.
1. All properties are sold ad corpus and without warranty as to the stated Klafter measurements, but with all associated rights and subject to all known and unknown encumbrances, taxes, and levies resting thereon; the purchaser shall assume and discharge all encumbrances resting on the property or arising in the future, regardless of origin and nature, starting from the upcoming St. Martin's Day of the current year.
2. Risk and peril regarding these properties pass to the purchaser on the day of the auction, and the purchaser shall pay interest at four percent per annum on the final bid starting from the upcoming St. Martin's Day of the current year, paying the principal in cash upon six months' notice, and must simultaneously secure one-third of this purchase price in an approved ward-safe manner through personal assets or acceptable surety.
3. The purchaser may take over the existing roof tiles and manure at the appraised price, payable immediately.
4. The purchaser must pay out of his own funds all costs of the edict, auction, deed preparation, and dispatch, as well as all feudal dues (laudemial fees). And
5. the date for the auction itself is set for the 30th of the upcoming month of November at 3 o'clock in the afternoon at the local civil registry, where this auction will be conducted in accordance with the existing regulations.
Imperial-Royal District and Criminal Investigation Court
Meran, 29 October 1835. Kleinhans, District Judge.
1835 at a glance
The year 1835 in Merano and Tyrol was shaped by significant events ranging from the death of Emperor Francis I and the mourning in Innsbruck to infrastructure reports on the Stelvio Pass. Alongside high-ranking visits such as that of Archduke John and the Crown Prince couple of Prussia, Merano increasingly established itself as a valued health resort for pulmonary and chest ailments. Reports on local agriculture, viticulture, judicial auctions, and testamentary bequests completed the record of the year. →
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"Auction of the Hilberhof in Obermais." Der Bote für Tirol, 9 November 1835. https://digital.tessmann.it/tessmannDigital/Zeitungsarchiv/Seite/Zeitung/47/1/09.11.1835/151240/7. https://www.meran-archive.com/en/artikel/1835-11-09-versteigerung-des-hilberhofs-in-obermais