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J. J. Harper To H. D. Harper, 1844

Source: Gibson County Deed Book K, pages 104 & 105

Transcribed by Linda Carpenter

Deed of Trust - Registered January 8th 1844

I Joseph J. Harper have this day bargained sold & do hereby convey to H. D. Harper for the sum of one dollar to me in hand paid and the other considerations herein after mentioned, one sorrel horse four years old, one saddle, one bridle, fifteen head of stock hogs, one small white oxen, to have and to hold the same to the said H. D. Harper his heirs and assigns forever. I do covenant with the said H. D. Harper that I am lawfully seized of said property and have a good right to convey it & that the same is unencumbered. I do further warrant and bind myself to defend my right to the same against the (torn copy) claim

(Page 105)

of all and every person or persons whatsoever. But, this deed is made for the following uses & trusts and for no other purpose that is to say that I am indebted to one William W. Newhouse in the sum of fifty seven dollars & 93 cents under seal of this date due 25th day of December 1842. The above described note of fifty seven dollars & 93 cents was made payable to John C. Gillespie & has since fallen into the hands of Wm. W. Newhouse, said note was made by myself to John C. Gillespie & judgment has since been obtained & H. D. Harper is my stay. I am desirous to secure & make certain the payment of the same. Now if I should pay the said debt by the 25th December 1844, then this deed to be void, but if I should not then the said H. D. Harper as Trustee after giving twenty days notice in writing at the court house door of Gibson County and at the election ground of the twelfth district and three other public places in the neighborhood may then expose the said property to public sale & sell to the highest bidder on a credit for six months and appropriate the proceeds first to the payment of the necessary expenses & costs & secondly to the satisfaction of said fifty seven dollars & 93 cents and thereby to pay the balance if any there be to me this 6th day of January 1844. J. J. Harper (Seal)

State of Tennessee, Gibson County - Personally appeared before me Allen C. Nimmo, Clerk of the County Court of Gibson County, Joseph J. Harper the within named  bargainor with whom I am personally acquainted and who acknowledged that he executed the within Deed of Trust for the purposes therein contained. Witness my hand at office this 8th day of January 1844. A. C. Nimmo, Clerk

Came to hand 8th January 1844 10 o'clock A. M., & noted in note Book No. 1st, Page 63

 


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