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