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 Sumner County, Tennessee

CWP Miscellaneous Deed Book, Vol: 1859 - 1869

(Pages 221 - 230)

Transcribed and submitted by:  Jan Johnson Barnes & Linda Carpenter 

Source: TSLA Microfilm Roll# 340

(Page 221)

on the above described premises within eighteen months from this date and is to prosecute the same to completion and in the event Tarr fails to develop Petroleum, rock, coal, or carbon oil or other volatile substances within two years from this date in quantities sufficient to justify the said Tarr to continue at work then this this lease to be null and void otherwise to remain in full force, In witness when of both parties have put their hands and seals this 6th day of July 1865. W. E. Randle, S. H. Tarr

Signed sealed and delivered in presence of me.

H. J. Duncan

R. E. Moore

State of Tennessee Sumner County - Be it remembered that on the 27th day of July 1865 before the clerk of the County Court for said county, personally appeared the above named W. E. Randle and acknowledged the foregoing to be his act and deed in testimony whereof I have hereunto set my hand and seal the day and year above written. John L. Bugg, Clerk (Seal)

Rec'd. for registration July 28th 1865.

Registered and examined August 2nd 1865. S. Hermans, Dep. Regr. for R. D. Moore, Reg. S. C.

 

Walton, Josiah To E. G. McKoin - Deed of Trust

For and in consideration of the sum of five dollars to me paid and the considerations hereinafter mentioned. I do hereby sell transfer and convey to Eli G. McKoin and his heirs forever the following described property, viz; a tract of land of one hundred and thirty one acres, it being the same I bought at the sale of my father's land in the Sumner Chancery Court, and is bounded as follows by G. Zerico on the S. E. by Jennett Hassell on the East, by the lands belonging to the estate of John Griffin, dec'd, on the West by the lands of Guthrie & Dillon and on the S. W. by the lands of James Jackson, also a tract of thirty two acres of land the boundaries of which are to be found in the deed of Jas. Perry to we dated October 1st 1855 and Registered in this county. And also all the interest I have in and to one steam saw mill and fixtures and lumber consolidated therewith situated on the lands of J. W. Harris. To have and to hold this above mentioned property to the said Eli G. McKoin, his heirs and assigns forever. I warrant the title of said property to the said Eli G. McKoin and his heirs forever. But this conveyance is made for the following uses & trust and no other, viz; I am indebted to John Pennington by note for nineteen hundred and fifty dollars, given in Jan 1865 and upon which Timothy Walton and John Taylor are my sureties and I am desirous of securing my said sureties in the payment of said note. Now if I shall on or before the 25th day of December 1866 pay off and satisfy said debt then this conveyance to be null & void, otherwise to remain in full force and affect. And if said debt is not then paid, said trustee after giving legal

(Page 222)

notice of the time and place of sale shall sell said land for cash and after paying the costs of said trust, shall settle of said debt and pay to me or my order any balance there may be of said fund. I also convey to said trustee and for the same uses and trusts on the other property, my undivided and seventh interest in the dower tract of land of my Mother, Sarah Walton, the same being one hundred and thirty acres and I own the remainder in the same. To have and to hold the same to the said McKoin his heirs and assigns forever. In witness I have hereunto set my hand and seal this the 3rd day of August 1865. Josiah Walton (Seal)

Test

J. J. Turner

State of Tennessee, Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of the said county, Josiah Walton the bargainor with whom I am personally acquainted and who acknowledged that he made and executed the foregoing Deed of Trust for the purposes therein contained. Witnessed my hand at office this 4th day of August 1865. John L. Bugg, Clerk.

Rec'd for registration August 4th 1865 at 2 o'clock PM.

Registered & Examined August 5th 1865. S. Hermans, Deputy Regr. for R. D. Moore, Regr. Sumner County

 

Anthony, W. P. To R. A. Bennett - Deed of Trust

For and in consideration of the sum of one dollar to me paid by R. A. Bennett I have conveyed to him the said Bennett my real estate situated in Sumner County, Tennessee District No. 2 including the land upon which I now live and upon which my father lived in his life time including also about fifty acres of land purchased of J. D. Bennett in his lifetime the whole containing about two hundred twenty acres more or less, adjoining the lands of Edmond Lewis on the North, on the West by the lands of John G. Cary, on the South by the lands of D. J. Anthony and on the East by the lands of T. W. Stubblefield & Robert Jackson. All my stock of horses, mules, & cattle except what is exempt by the laws of Tennessee, to hold in trust for the purpose of securing and paying off the following debts, to wit; the Estate of Jas. D. Bennett about eight hundred & fifty six dollars due about the 25th December 1861 the sum given for a portion of the land herein deeded to J. J. Randecount & wife Susan for about one thousand dollars for a note due sometime in the year 1859, James S. Dyer for a medical account for about forty or fifty dollars, J. R. Crenshaw an account for about fifty or sixty dollars, Jerome Carey an account for seventy five dollars, Wesley Blackmore an account for ten or fifteen dollars, William Scott an account for thirty six dollars, Reuben Satterfield a note of ten dollars. The said Bennett is empower to make sale of the same either publicly or privately at the expiration of twelve months

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from this date, make title to purchase or purchasers or to sell any of the property before that time by my consent either publicly or privately, and with the proceeds of the sale pay off the debts in the order in which they are mentioned. If I have not paid off the debts myself by the expiration of twelve months, the said Bennett after selling and applying the proceeds as above mentioned the object of this trust being complied with will resale back to me any of the property not appropriated as afor said. If any of the proceeds are left after paying the said debts the same to be paid over to me, Witness my hand and seal this 4th day of August 1865. Wm. P. Anthony (Seal)

Attest

Samuel W. Lesseur

C. L. Bennett

State of Tennessee, Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of said county, Wm. P. Anthony the bargainor with whom I am well acquainted and who acknowledged that he made and executed the foregoing deed of trust upon the day it bears date and for the purposes therein contained. Witness my hand at office this 5th day of August 1865. John L. Bugg, Clerk.

Rec'd for registration August 5th 1865 at 9:30 o'clock AM.

Registered & examined this 11th August 1865. S. Herman, Deputy Regr. for R. D. Moore, Regr. S. C.

 

Ewing, Wm. To B. P. Harrison - Deed of Trust

I have this day bargained and sold and do hereby transfer & convey to Baily P. Harrison for the consideration hereinafter mentioned two tracts of land lying in the county of Sumner District No 2, The first of which bounded as follows on the North by David W. Dickinson, on the West by the Bush tract, Henry Cox & N. B. Harrison, South by Cumberland River, East by Procter's land & Rowland Horsely, containing by survey fifty two and a half acres be the same more or less. The other tract bounded North by Rowland Horsely, East by Procter, South by Cumberland River and West by the first tract containing fifteen acres more or less. And for the like consideration I also convey to the said B. Harrison one four horse wagon and harness, one half of a four horse thresher, six bee gums, one bay sucking colt, one bay mare, and one yoke of oxen, to have and to hold the said property real and personal to the said B. P. Harrison his heirs and assigns, I covenant with the said Harrison that I am lawfully seized of said property that it is unencumbered and that I have a good right to convey the same. I further covenant with the said Harrison for myself, heirs and representatives to warrant and forever defend the title of said real and personal property against the claims of all persons whatever. But this conveyance is made for the following purposes

(Page 224)

and none other, that is to say whereas I am indebted in the sum of eight hundred and forty two dollars and fifty cents for which he holds my several notes, to wit; three for one hundred and fifty four dollars and seventy cents each all dates the 8th of August 1864 payable respectively at one, two and three years, one for two hundred & ninety dollars due at date and dated December 29th 1864 and one for ninety dollars due 21st Octr. 1865 with a credit of seventy five dollars, the same being part of the purchase for the land herein conveyed to George W. Terry by note for one hundred and forty dollars now due and being desirous to secure and make certain the payment of said debts and the accruing interest therein. Now if I shall pay on or before the first of January 1867 pay off and satisfy all of said notes which may have matured by that time together with the interest thereon, then this conveyance to be of no effect, but if I fail to do so, then the said Baily P. Harrison as trustee after giving twenty days public notice in writing of the time & place of sale, is directed to expose said property to sale and sell the same at public auction to the highest bidder for cash and apply the proceeds as follows: first to the payment of all costs necessary incurred in the execution of this trust, secondly to the payment of the debts & interest due the said N. R. Harrison, fourthly to the payment of the debt due the said George W. Terry and fifthly to pay the balance should there be any to me as my order this 5th day of August 1865. Wm. Ewing (Seal)

State of Tennessee, Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of said county, Wm. Ewing the bargainor with whom I am personally acquainted and who acknowledged that he made and executed the foregoing Deed of Trust for the purposes therein contained. Witness my hand at office this 5th of August 1865. John L. Bugg, Clerk

Received for registration August 5th 1865 at 3:30 o'clock PM

Registered & examined August 12th 1865. S. Hermans, Deputy Reg. for R. D. Moore, Regr. S. C.

 

Miller, A. W. To Mrs. M. Barnes - Deed of Gift

For the consideration of five dollars to me paid and for the kindness and good extended to my family and myself I do hereby transfer and convey to Mrs. Mariah Barnes wife of A. Barnes, my buggy which I have lately bought of said A. Barnes. To have and to hold to the same unto the said Mariah Barnes to her sole and separate use and benefit free from the control of her husband. I warrant the title of said buggy to said Mariah Barnes against the lawful claims of all persons whatever. In witness I set my hand and seal this August 5th 1865. A. W. Miller (Seal)

Test

J. J. Turner

(Page 225)

State of Tennessee, Sumner County - Personally appeared before me John L. Bugg, clerk of the County Court of said county, A. W. Miller the bargainor with whom I am personally acquainted and who acknowledged that he made and executed the foregoing Deed of Gift for the purposes therein contained. Witness my hand at office this 5th August 1865. John L. Bugg, Clerk

Received for registration August 5th at 9:30 o'clock AM.

Registered & examined August 12th 1865. S. Hermans, Deputy Regr. for R. D. Moore, Regr. S. C.

 

Dickinson, D. W. To T. R. Eubanks - Deed of Trust

I have this day bargained and sold and do hereby convey unto T. R. Eubanks for the consideration of five dollars to me paid and the other considerations hereafter mentioned, my tract of land lying in Sumner County, Tennessee bounded on the North by the lands of S. L. Loving, on the East by the lands of Rowland Horsely, on the West by the lands of S. B. Biggers and on the South by R. W. Esarey's lands, containing by estimation one hundred and thirty acres more or less. I will warrant & defend the title to said land to the said Eubanks & his heirs against the lawful claims of all persons whatever. I also sell and convey unto said Eubanks three head of horses, one five year old a stallion, one bay filly three years old, one ? colt, one hand cotton spinning machine, one half interest in a cotton gin, belonging to myself & Eubanks, fifteen head of sheep, one yoke of oxen and wagon, to have and to hold said property for the purpose herein expressed. But this deed is made for the following uses & trusts, that is to say. I am indebted to B. W. Tompson & Son by two judgments rendered by John Badget, Esquire, in the year 1860 or 1861, one for about $200 & costs, one for about sixty dollars besides interest and costs, said judgments have been transferred by said Thompson & Son. Also to James Swaney by note due in the spring of 1865 for about seventy dollars, also to J. H. Malone by open accounts about twenty five dollars due about 1860, the precise amount and date not recollected, also to John Huffman by account for work done the present year for about twelve dollars. Now I am desirous of securing and making certain the payment of said debts. If I should pay or cause them to be paid on or before the first day of January 1867, then this deed to be void. If I do not then the Trustee is authorized to sell said property to the highest bidder for cash, after giving twenty days notice in writing of the time and place of sale, and apply the proceeds to the payment of the costs of trust, then pay the debts herein specified, and the balance if any he will pay over to me. The words yoke of oxen & wagon interlined before signed August 10th 1865. Daniel W. Dickerson

Test

J. W. Head

Jas. H. Stone

(Page 226)

State of Tennessee, Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of said county, David W. Dickerson the bargainor with whom I am personally acquainted with and who acknowledged that he made and executed the foregoing deed of Trust for the purposes therein contained. Witness my hand at office this 10th day of August 1865. John L. Bugg, Clerk.

Rec'd for registration August 10th 1865 at 9 o'clock AM

Registered & examined this 15th August 1865, S. Hermans, Deputy Regr. for R. D. Moore, Regr. S. C.

 

Horsely, R. To Hibbetts, J. J. - Deed of Trust

State of Tennessee, Sumner County - Know all men by these present that I Rowland Horseley of the county & state aforesaid for and in consideration of the sum of five dollars to me paid by John J. Hibbetts of the same county and state and for the other considerations hereinafter mentioned, I have this day bargained & sold and do by these presents release and convey unto the said John J. Hibbetts, his heirs and assigns forever the following described tract or parcel of land situated lying & being in District No 2 of said county being the same whereas I now live, bounded on the North by the lands of David Padgett, on the East by the lands of W. C. Huffman, on the South by the lands of I. Proctor, on the West by the lands of D. Dickerson, containing by estimation about one hundred & twenty eight (128) acres, to have and to hold the same to the said John J. Hibbetts & his heirs forever, and I covenant to warrant and defend the title to said land to said Hibbetts against the lawful claims of all persons whatever. I have also this day bargained & sold and hereby assign transfer & convey to the said Hibbetts the following personal property, one bay mare six years old, one yearling mule of bay color, one sucking filly mule, one sucking horse colt, six head of sheep, five head of cattle, one feather bed together with a bond executed by Rebecca Shaver & J. M. Shaver payable to myself for six hundred and ten dollars due twelve months after date 14th April 1860. This conveyance is made however for the following used & purposes & none other, that is to say whereas I am indebted to D. P. Hart, commissioner fro the sale of negroes of the estate of John Shaver in the sum of fourteen hundred and forty dollars by note bearing date April 14th 1860, and due twelve months after date, it being for the purchase money of two slaves bought of said commissioner & executed with John J. Hibbetts and William Hall my securities, and being also indebted to W. Thompson in the sum of about seventy five dollars and transferred to a firm in Nashville, said note bearing date in 1860 or 1861, and upon which judgment was rendered by Thomas Boyers, Esquire, and stayed at my request by David Dickinson, and also in another note to B. W. Dickinson & Son in the sum of twenty five dollars

(Page 227)

& forty five cents of date also due 1860 or 1861, upon which Judgment was rendered by Esquire Badgett and stayed by said Dickinson and whereas I am desirous of to secure and save harmless my securities John J. Hibbetts & William Hall & David Dickinson. Now if I shall not pay off and discharge the liabilities, here before set forth by the first of February 1860, then my trustee John J. Hibbetts shall upon giving forty days notice in three or more public places in the county aforesaid one of which at least shall be in the civil district where the land lies shall proceed to sell at public for cash, said land together with the personal property mentioned and shall in the meantime put in time for collection the note hereby as signed, and with the fund divided from said sales and collection of note described within, first pay off the debts upon which Hall and himself are securities or reimburse themselves if compelled already to pay the same and appropriate the balance if any to the payment of the liabilities upon which David Dickerson is my security, and having paid the expenses of executing this trust will pay over the balance to me. In testimony whereof I have hereunto set my hand and seal, this 11th day of August 1865 all interlinings made before signing. Rowland Horsely (Seal) and also a note payable to Samuel Barr due several years since for about fifty eight dollars upon which John J. Hibbetts is security.

State of Tennessee, Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of said county, Rowland Horsely the bargainor whom I am personally acquainted and who acknowledged that he made the foregoing Deed of Trust for the purposes therein contained. Witness my hand at office this 11th day of August 1865. John L. Bugg, Clerk.

Rec'd for registration August 11th 1865 at 2 o'clock PM

Registered & examined this 14th August 1865. S. Hermans, Deputy Regr. for R. D. Moore, Regr. S. C.

 

Byrne, W. T. To Honeycut, W. B. - Deed of Trust

For the consideration of five dollars to me paid and the further considerations hereafter mentioned, I have this day sold and do hereby convey unto W. B. Honeycut a two horse wagon and harness for the same, one yoke of oxen, one bay mare , one bay colt, one year old colt, thirty head of hogs, one red cow and calf, the machinery & apparatus attached to my still house consisting of one iron & one wooden Boiler, one copper distillery with harness & pipes, fifty tubs, to have and to hold the same to the said Honeycut & his heirs forever, but this deed is made for the following purposes, Byrne & Watkins were indebted to Irby Morgan & Co. in two notes, one for about $282 and the other for about the same of $287 due about the year 1861 endorsed by John Montgomery as security, they were sued on before a Justice of the peace. (I think Fisher Clendening) and judgment rendered against said Watkins & myself under the firm of Byrn & Watkins, and the said W. B. Honeycut became our stay & security, now I am desirous of saving him harm

(Page 228)

less and make this Deed for that purpose. Should I or said Watkins pay said debts on or before the first day of January 1867 then this deed to be void. If not, then said Honeycut will proceed to sell said property to the highest bidder for cash, and after paying the costs of this trust will pay said debts if any balance he will pay it over to me. Said trustee will first advertise the sale at least twenty days. Interlined before signed. August 11th 1865. W. T. Byrn (Seal)

State of Tennessee, Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of said county, W. T. Byrn the bargainor with whom I am personally acquainted and who acknowledged the he made and executed the foregoing deed of trust for the purposes therein contained on the day it bears date. Witness my hand and seal this at office this 11th day of August 1867. John L. Bugg, Clerk.

Rec'd for registration this 11th day August 1865 at 3:15 o'clock.

Registered & examined August 15th 1865. S. Hermans, Dept. Regr. for R. D. Moore, Regr. S. C.

 

Anthony, D. J. To R. C. Sanders - Deed of Trust

I, D. Anthony have this day bargained & sold and do hereby convey to R. C. Saunders for the sum of five dollars to me paid and the other considerations herein after mentioned, a tract of land lying in Sumner County, Tennessee on the waters of Rocky Creek and bounded as follows, viz; North by the land of William Anthony & John Cairy, East by the lands of Robt. Jackson, on the South by the land of Wm. Burton & James Rankin, West by the lands of James Rankin & John Cairy. Containing by estimation 217 acres and have this day bargained sold and do hereby convey to the said Saunders, the following personal property, four head of horses described as follows, viz four mares and also one sucking, one mare is a dark brown 10 years old, one other also a brown large 7 years, another dark bay mare 5 years old and the fourth a light bay with her sorrel mule colt mentioned above, 10 head of sheep, 20 head of hogs, seven head of cattle also my house hold & kitchen furniture. To have and to hold to the said R. C. Saunders his heirs and assigns forever. I do also covenant with the said Sanders that I am lawfully seized of said land and all the personal property mentioned and have a good right to convey the same and the same is unencumbered. I do further covenant and bind myself my heirs and representatives to warrant  and forever defend the title to said land and any thereof part and likewise the personal property mentioned to the said R. C. Sanders his heirs and assigns against the lawful claims of all persons whatever. But this deed is made for the following uses & trusts and for no other purpose, that is to say I am indebted to one J. J. Banduriant in the sum of eighteen hundred dollars

(Page 229)

($1800) due by note about the 1st of February 1860 or 59. I am also indebted to said Banduriat on another of nine hundred dollars due Feby. 1860 or 1 making my whole indebt ness to him Eighteen hundred dollars with interest. I am also indebted to James Andrews in the sum of one hundred and twenty five dollars due by note about the year 1861. I am also indebted to Frank Jamison one hundred and thirty five dollars by note with interest for 4 or 5 years, I am also indebted to James C. Crenshaw dec'd one hundred dollars by note due several years ago. If I should pay the said now debts on or before the 1st of January 1867, then this deed to be void, but if I should not then the same R. C. Saunders as trustee after giving forty days notice in writing at the court house door of said county and other public places in the county and election ground of District No 2 and three other public places in the neighborhood, may expose the land and personal property to public sale & sell it to the highest bidder for cash, and appropriate the proceeds first to the payment of the necessary expenses and costs, secondly to the satisfaction of the debts mentioned above and 3rdly to pay the balance if any then be to me. This 10th of August 1865. D. J. Anthony (Seal)

State of Tennessee, Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of said county, D. J. Anthony the bargainor with whom I am personally acquainted and who acknowledged that he made and executed the foregoing deed of trust for the purposes therein contained. Witness my hand seal this 12th day of August 1865. John L. Bugg, Clerk

Rec'd for registration August 12th at 1 o'clock PM.

Registered & examined this 15th day of August 1865. S. Hermans, Deputy Regr. for R. D. Moore, Regr. S. C.

 

Harlan, Joseph To Benjamin Harlan - Deed of Trust

For and in consideration of the sum of one dollar to me in hand paid and the other considerations hereafter mentioned, I have this day bargained & sold and do hereby sell transfer and convey unto Benjamin Harlan the following described property, to wit, three work mules, five brood mares, three two year old colts, twenty five head of cattle, two yoke of work oxen, seventy five sheep, seventy five head of hogs, 1 Jennitt, 1 wagon, also the tract of land on which I at present reside containing five hundred acres more or less, a full description of which will be found in the deeds of Wilson Cage to myself & brother Jacob Harlan and of Joseph Rascoe ???, to which deeds reference is here made. To have and deed to hold the above described property both real and personal to the said Benjamin Harlan his heirs and assigns forever.

(Page 230)

This conveyance is made for the following uses and purposes and none other, that is to say I am indebted to the Estate of Jennie Carr for whom I was guardian in the sum of about three thousand dollars. I am likewise in debted to my daughter, Mrs. Kate Todd (Ladd), in the sum of about two thousand dollars, I am likewise jointly liable with my brother, Benjamin Harlan, as the security of George Harlan in about the amount of seven thousand dollars to different persons. The names of the different persons to whom said debts is owing is not recollected, and being desirous of securing and make safe the debts and above named. Now if I shall on or before the first day of January eighteen hundred and sixty seven, pay off and discharge said debts and liabilities before enumerated, then this deed to be void and of no effect, otherwise my said trustee shall after a advertising the same for forty days and the personal property ten days expose all of said property to public sale and sell the same for cash and apply the proceeds to the necessary expenses with carrying out this deed, meet to the payment of the debts herein enumerated, giving priority to the debts I owe to the Estate of Jennie Carr and if there shall be surplus after said debts are paid my trustee is to apply said surplus to said debts as I may owe on my own account prarrata. If however at anytime my said trustee shall before the expiration of said time, meet with opportunity to sell and dispose of any or all of the property herein conveyed he has the power to do so either at public or private sale, either for cash or on such terms as will be satisfactory to the creditors, first herein enumerated, and apply the proceeds of said sale as herein directed, making to the purchaser or purchasers the necessary conveyances. Witness my hand and seal this the 14th day of August 1865. Joseph Harlan (Seal)

Test

George W. Allen

R. T. Warner

State of Tennessee, Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of said county, George W. Allen and R. T. Warner the subscribing witnesses to the foregoing deed of trust who being first sworn depose and say that they are personally acquainted with Joseph Harlan the bargainor and that he acknowledged the execution of the same in their presence to be his act and deed upon the day it bears date and for the purposes therein contained. Witness my hand at office this 14th day of August 1865. John L. Bugg, Clerk

Rec'd for registration August 14th 1865 at 7 o'clock AM

Registered & examined this 15th day of August 1865. S. Hermans, Deputy Regr. for R. D. Moore, Regr. S. Co.


CWP, Misc. Deed Book, Page Index  

Genealogist's Companion to Research in Sumner County, Tennessee