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George W Brown form Johnson
Clements Trust Deed
this Indenture made on 21th day of April AD1845 between Johnson
Clements of the first part George W Brown of the Second part bouth
of the County of Surry & State of North Carolina witnesseth that whereas
at [??] Aug term 1845 of Stokes Supuror Court Henry A Lemley recoverd
in the Court of Equity a Judgment against the said Johnson
Clements as principal & WP Tucker Wm P Dobson William D Kelly
Mark York & Thomas F Prather as Securities for the Injunction for
the Sum of about Five Thousand nine hundred and four dollars with interest
and whereas the said Wm P Tucker Wm P Dobson Wm D Kelly Mark York and
Micajah Reeves have Signed a bond as Securities for the Said Johnson
Clement dated the 11 April 1845 and payable ninety days after the
15 day of April 1845 to F H Sherman agent of the Bank of Cape Fear at
Salem for the Sum of Six Thousand three hundred dollars and whereas the
said Johnson Clement is honestly
desirous of Securing the payment of said Judgement and also of Securing
Said Bond in Bank as well as to Secure the Said Wm P Tucker Wm P Dobson
Wm D Kelly Mark York and Thomas F. Prather as securities for Said Injunction
from any loss or harm by reason of Said Judgement and also Secure indemnify
and Save harmless the said Wm P Tucker William P Dobson Wm D Kelly Mark
York and Micajah Reeves as Securities to said Bond in Bank now therefore
this Indenture Witnesseth that for and in consideration of the promises
together with the further consideration of the Sum of one dollar to him
in hand paid by the said George W. Brown the receipt whereof is hereby
acknowledged the said Johnson Clement
hath bargained Sold and conveyed and by these presents doth bargain Sell
and Convey unto the said George W. Brown the following Negro Slaves to
wit Booker Seller Dill Simon Lucy Randal Caroline Delila Nancy John Lewis
Mary Washington Cloe Susanah Letta Creed Salm Cloe Mary Fanny Grace
Charity Meredith Alsey Les Nile Pat Masi Julia Edy Annaca Elia to have
and to hold the said Slaves his heirs assings and administrators
forever free and discharged of any and all incumbrances whatsoever to
Special Trust and Confidence nevertheless that the said Johnson
Clement Shall and will hold keep free and apply the Same to the [??]
and interests following and no other that is to say that if the aforesaid
Judgment and Bond and every part thereof together with the lawful interest
that may have accrued on the Same Shall not be fully paid of discharged
and Satisfied on or before the 15th day of July AD1845 then and in that
case it Shall be lawful and the duty of the said George W Brown being
thereunto required in writing by the Said Securities for the Said Injunction
or a majority of them or by the Said Securities to the Bond in Bank or
a majority of them to take into his possession the Said Slaves and after
advertising the time and place of Sale at the Court house in Rockford
and three or more other public places in Surry County and at Such other
places as he may think proper for the Space of twenty days to proceede
to Sell at the residence of Said Johnson
Clement or at the Court house door in Rockford as may be thought best
the Said Slaves at public auction to the highest bidder for ready money
to Convey the Same by Such assurances as in him vests to the purchases
and out of the proceeds or moneys arising from Said Sale to retain all
the necessary expences attending this trust together with reasonable compensation
for any trouble he may be at in executing the Same and then pay off and
discharge the Said Judgment and Bond with interest or such part thereof
as shall remain unpaid at the time of Said Sale or So far as the proceeds
of Said Sale Shall enable him to do and the overplus if any he Shall pass
over to the said Johnson Clement
his heirs and assigns and Should the Said Johnson
Clement pay off and discharge the Said debts interest and cost that
Shall have accrued thereon on or before the said 15th day of July 1845
then this obligation to be void In witness whereof the said Johnson
Clement and George W Brown have hereunto Set their hands and Seals
the day and date above written
| Signed Sealed and delivered |
Johnson Clement {Seal} |
| in presence of |
Geo. W. Brown {Seal} |
| H. C. Hampton |
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Surry County No Carolina
The execution of the foregoing Deed of Trust from Johnson
Clement to George W Brown as Trustee was duly proven before me on
the 21st day of April AD1845 by the oath of HC Hampton the Subscribing
witness thereto let it be registered agreeably to Act of Assembly
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