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M. Mabry & Wife to
J. M. Smart - Mortgage, 1883

 

Source: Sumner County, TN Deed Book 35, Page 168

Transcribed by Jan J. Barnes
©2002

We M. Mabry & wife Mary Ann Mabry have this day bargained & sold & do hereby transfer & convey to J. M. Smart for the consideration herein after expressed the following undivided tract or parcel of land, and the improvements thereon Situated in old Civil District No. 17 near Civil District 14 Sumner County Tennessee and bounded as follows.  On the North by the lands James W. Hunter, on the East by the lands of Wm Kelsey; on the South by the lands formerly if not now owned by the heirs of Parker & Thompson; and on the west by the lands of J. T. Brown? & wife containing by estimation Sixty three & one fourth (63 1/4) acres be the same more or less.  To have & to hold the said tract or parcel of land & the improvements thereon to the said J. M. Smart his heirs & assigns forever.  We covenant with the said Smart that we are lawfully seized of said land that the same is unencumbered and that we have a good right to convey it.  We covenant & bind ourselves, our heirs & Representatives to warrant & defend the title to said land to the said Smart his heirs & assigns against the lawful claims of all parties whatever.  We and each of us further convey & transfer all homestead & dower rights in & to said land.  But this conveyance is made for the following purpose & none other that is to say the undersigned M. Mabry and Robert A. Mabry, on the 8th day of January 1883 executed their joint & several promisory note to said J. M. Smart for one hundred ($100) dollars due in Eight months & accuring interest from date, and we are desirous of making the payment of the same & accured interest entirely Secure and this conveyance is made for that purpose.  Now therefore if we or either of us or our Representatives pay or cause to be paid Said note with accured interest to the said Smart or his duly authorized agent or Representative on or before the maturity of the same, then this conveyance is to be null & void but otherwise it is to be & to remain in full force & effect.  Given under our hands this Jan 8th 1883.
  Attest                                                                    his
H. F. Suttle                                                       M. (x) Mabry
S. F. Wilson                                                          mark
                                                                                her
                                                              Mary Ann (x)
Mabry
                                                                              mark

State of Tennessee   }  Personally appared before me O. H. Foster Clerk of the County Court
Sumner County         }  of said county the within named M. Maberry the bargainor with whom I am personally acquainted & acknowledged the execution of the foregoing instrument for the purpose therein expressed.  Witness my hand at office 8th Jany 1883
                                                                     O. H. Foster Clerk

State of Tennessee  }  To H. F. Suttle Esq.  You are hereby authorized and empowered
Sumner County        }   to take the examination of Mrs. Mary Ann Maberry wife of M. Maberry privately and apart from her husband, relative to the free execution of the annexed deed, and the same so taken to certify under your hand and seal.  Given under my hand at office 8 Jany 1883.
                                                                    O. H. Foster, Clerk

State of Tennessee  }  Mrs. Mary Ann Maberry wife of M. Maberry having personally appeared
Sumner County        }   before me and having by virtue of the authority in me vested been examined privately and apart from her said husband and she having acknowledged the due execution of the annexed deed by her freely, voluntarily and understandingly, without compunction or constraint by her said husband and for the purposes therein contained the same is therefore certified.  Witness my hand and seal Jan 9 1883
                                                                   H. F. Suttle J. P. Seal
Rec'd for Registration Jany 9th at 3 o'clock P. M.
I declare that I am the true and lawful holder of the claim secured by the instrument within recorded and hereby acknowledge the satisfaction thereof and discharge of the lien to secure the same in full this March 3rd 1885.
Test
J. F. Gray Register                                 J. M. Smart


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