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Jacob & M. O. McMurtry
to
G.  B. Sprouse
Mortgage, 1904

Original Deed
Transcribed by Jan J. Barnes
© 2003

Know all men by these presents that we J. H. McMurtry and wife M. O. McMurtry for the consideration of the sum of one dollar cash in hand paid and the further consideration herein after mentioned have this day bargained sold and by these presents do hereby transfer and convey unto G. B. Sprouse and his heirs and assigns a certain tract or parcel of land lying and being in the State of Tennessee, County of Sumner  and Dist. No. 12th and is  bounded as follows to wit Beginning at a stone in the center of the L. & N Turnpike running S 58 degrees W, with center of sd. pike 26 poles to a stone thence S 65 degrees E 12 1/2 poles to a stone thence N. 32 degrees E 26 poles to a stone thence N 25 degrees W 12 1/2 poles to the Beginning containing 2 acres and 5 poles more or less to have and to hold unto the said G. B. Sprouse and his heirs and assigns forever and we the said J. H. McMurtry and wife M. O. McMurtry do hereby covenant with the said G. . Sprouse that we are lawfully seized and possessed of said land, have a good and perfect title thereto that the same is unencumbered and we have a good right to convey the same, we further covenant with and bind ourselves, our heirs, and assignees unto the said G.  B. Sprouse to forever warrant and defend the title to said land against the lawful claim of all persons whomsoever.  The further consideration above spoken of is as follows whereas we the said J. H. McMurtry and wife M. O. McMurtry have this day  borrowed from the said G. B . Sprouse One Hundred Dollars and executed to him our 2 promisory notes, one for Fifty Dol. due August 1st 1905 and one for Fifty Dollars due January 1st 1906 with interest from date and we have conveyed the above described land to secure the payment of the same.  Now if we shall on or before the dates where said notes fall due pay off and discharge the same then the above conveyance shall be null and void and of no effect but if we fail to pay off said notes or either of them when they become due then the said G. B . Sprouse shall by himself agent or attorney after advertising for 10 days by written hand bills posted in at least 4 public places in said Sumner County sell said land publicly to the highest  bidder for cash and out of the proceeds pay

1st the cost & expenses of executing and foreclosing this Mortgage including a reasonable attorneys fee in case there is any litigation in regard thereto.

2nd Pay the above notes and all interest due thereon.

3rd The  Balance if any pay to rest or our order.  Homestead Dower & Equity of redemption are especially waived and I the said M. O. McMurtry join in the conveyance for the express purpose of releasing any claim I may have in said land Homestead & Dower by virtue of being the wife or widow of said J. H. McMurtry.

Given under our hands this September 19th 1904.

State of Tennessee
Sumner County                              Register's Office  Sept. 24, 1904

I, A. C. Dobbins, Register of said County, do certify that the foregoing Mortgage and certificate are registered in said Office in Book No. 10 of Trust & Deeds & Mortgages, page 317; that they were received at 9:40 o'clock A. M. September 24, 1904 and entered in Note  Book 2, page 145.
A. C. Dobbins, Register.

This Mortgage is satisfied for all notes claims and demands and is a releasement upon said property this December 29, 1905.

G. B. Sprouse
John ? Joyner


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