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 Sumner County, Tennessee

CWP Miscellaneous Deed Book, Vol: 1859 - 1869

(Pages 241 - 250)

Transcribed and submitted by:  Jan Johnson Barnes & Linda Carpenter 

Source: TSLA Microfilm Roll# 340

(Page 241)

2nd July 1860 for $140.00, also by judgment March 21st 1860 for $303.00, also 4 judgments 4th November 1860 amounting to $1514.32, also 3 judgments 28th July 1860 amounting to $1349.16, also judgment 2nd March 1861 for $202.16, also judgment 19th December 1859 balance of $176.35, also I am indebted to J. T. Baber by judgments before T. Boyers, Esquire, viz; judgment 22nd September 1860 for $58.00, judgment 22nd September 1860 for $100.00, judgment 12 January 1861 for $257.75, also to J. T. Baber administrator of James Baber, by judgments before Esquire Boyers viz; 2 judgments 7th November 1860 for $722.58 (together), also I am indebted James House, Jr. who obtained the following judgments in the name of Eli Odom before T. Boyers, Esquire, viz; 3 judgments 9th May 1860 amounting to $1317.18, 3 judgments 10th September 1860 for $345.32. Judgments in Circuit Court February Term 1861 in favor of W. H. Stovall for the use of J. H. Cartwright for $696.11, also judgments before Esquire Boyers in favor of J. R. Tompkins & son on 8th August 1860 for $84.72, also judgments for James Ryan 5th January 1861 for $383.34, also 2 judgments in favor of R. B. Douglass on the 14th April 1860 each for $475.63 being $951.26. Also on other judgments before Esquire Boyers date not now recollected in favor of Eli Odom for about $100.00, also I am indebted to James Alexander by 3 judgments before Esquire Boyers, viz; one on the 23rd December 1859 for $498.76, also a balance of $36.41 cents on judgment of 10th January 1860, also by a balance of $168.86 on judgment of 2nd June 1862, also by 2 judgments before T. Boyers to John B. Baker rendered May 17th, 1860 each for $301.65 making $603.30. Now if I shall pay the above enumerated judgments on or before the 15th day of August 1866, then the above conveyance to be void and of no effect. But if I fail to pay the above named debts on or before the 15th of August 1866, then said Graham Gillespie is hereby empowered and directed after giving twenty days notice in writing to sell the above described property both real & personal at public sale for cash and apply the proceeds first to the payment of the necessary expensives of this trust, second to the payment of the above named debts pro-rata and the balance if any to me, and the said trustee is hereby empowered and directed at any time he may deem it to the interest of the parties to sell any or all of the above named personal property, at private or public sale for cash and apply the proceeds as above directed this the 16th day of August 1865. Also I hereby empower said Graham Gillespie, also, at any time when I may so direct in writing to sell the above described land or any part of same at private sale for cash and apply the proceeds as above directed. When such sale is made as last spoken of, I expressly waive my equity of redemption of the land so sold. And I am indebted to James N. Cartwright in several judgments before Esquire Boyers. Now if there shall be anything remaining out of the proceeds of the sale of the above named property after

(Page 242)

paying the above named debts as heretofore provided for, then the said trustee is directed to pay such indebtedness to said Cartwright. This 16th day of August 1865. R. N. Myers - R. N. M. August 16th $11.00 stamps $11.00, 1865.

State of Tennessee, Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of said county, R. N. Myers the bargainors with whom I am personally acquainted and who acknowledged that he executed the above instrument to be his act and deed upon the day it bears date and for the purposes therein contained. Witness my hand at office this 16th day of August 1865. John L. Bugg, Clerk

Received for registration August 16th 1865 at 12:15 o'clock noon.

Registered & examined August 18th 1865. S. Hermans, Deputy Regr. for R. D. Moore, Regr. S. Co.

Alexander Barnes To C. E. Douglass - Transfer

Whereas Cullen E. Douglass is my security for the payment of the following debts, to wit; two notes payable to Jo. D. Martin for two hundred and seventy one dollars and fifty four cents, each both due January 19th 1861. One other note upon which judgment was rendered on the 10th day of March 1860 in favor of Head & Turner for two hundred and fourteen dollars and thirty seven cents, one note for one hundred and eight dollars now due, made payable to John A. Vaughan, Administrator of H. B. Vaughan, deceased, one note to John G. Carr guardian, for one hundred and fifty dollars now due. Two notes to J. A. Tyree now due for four hundred dollars each, and one note to Major Mitchell, administrator, for ninety dollars now due and perhaps other notes, though not now recollected, and where as I hold a mortgage executed by William Elliott on the first day of April 1854 upon a tract of land in the county of Sumner to secure the payment of a note executed by the said Wm. Elliott on the said first of April 1864 for two thousand two hundred and ninety seven dollars and fifty eight cents, which mortgage was admitted to registration in the register's office of Sumner County on the - day of April 1854. Now in order to indemnify the said Cullen E. Douglass in his said liabilities for me as above specified, or as my security upon another debt not enumerated above, I have transferred and delivered to him said note, and do hereby transfer and assign to him for the purposes aforesaid as interest which I have in and to said note and all and singular the right, benefits, and security which I have in and to said land for the payment of said note

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under the provisions and by virtue of said mortgage this 17th day of August 1865. A. Barnes (Seal)

State of Tennessee, Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of said county, Alexander Barnes with whom I am personally acquainted and who acknowledged that he made and executed the foregoing transfer and assignment for the purposes therein specified. Witness my hand at office this the 17th day of August 1865. John L. Bugg, Clerk by J. A. Trousdale, D. C.

Received for registration August 17th at 5:30 P. M. 1865

Registered and examined August 18th 1865. . Hermans, Deputy Register for R. D. Moore, Regr. S. Co,

J. B. Elizer To Doss, Snyder & Others - Lease

This agreement made and entered unto between S. P. Doss, Ernest Snyder, E. W. Snyder, W. H. De la Vergne, and John H. Galbreath of the first part and James B. Elizer of the second part, witnesseth that for and in consideration of the following conditions herein after named, that I James B. Elizer of the second part, this day lease unto the parties of the first part the following described tract of lands lying and being in Sumner County, Tennessee, for the term of ten years from this date. The same being known as the tract I now live upon lying upon Payton's Fork of Drake's Creek, three miles North West of Beech Church, and containing one hundred acres more or less, also one hundred acre tract known as the Ragan Entry, lying North of James Perry's tract on a branch of Drake's Creek. For further reference I refer to my title papers. And I further agree that the parties of the first part their agents or representatives shall have all the timber necessary for carrying on the operations herein named, by their paying a reasonable value for the same, and I further agree that the parties of the first part, their agents, or representatives have the right of way to and from the place of operations by paying all damages. The parties of the first part, their agents, or representatives bind themselves to commence boring or mining for coal, oil, salt or other minerals upon said place within five years from this date, and they further bind themselves their agents, or representatives, to deliver to the said James B. Elizer one tenth of all the coal, oil, salt, or other minerals found on said place during the term for which the lease is given, and they of the first part, their agents, or representatives, are to have the nine tenths of all the coal, oil, salt, or other minerals found on said land during the term of said ten years, this May 29th in the

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year of our Lord one thousand eight hundred and sixty five. S. P. Doss, Ernest W. Snyder, Ernest Snyder, W. H. De la Vergne, John H. Galbreath, James B. Elizer

Test:

J. W. Bruce

T. E. Moore

State of Tennessee, Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of said county, J. W. Bruce & T. E. Moore subscribing witnesses to the foregoing instrument, who first being sworn, dispose and say that they are personally acquainted with S. P. Doss, Ernest Snyder, Ernest W. Snyder, W. H. De la Vergne, John H. Galbreath and James B. Elizer the bargainors, and that they acknowledged the same in their presence to be their acts & deeds, upon the day it bears date and for the purposes therein contained. Witness my hand at office this 19th day of August 1865. John L. Bugg, Clerk

Received for registration August 19th 1865 at 9 o'clock AM

Registered and examined this 19th day of August 1865. S, Hermans, Deputy Regr. for R. D. Moore, Regr. S. Co.

Samuel Kirkpatrick To John G. Marshall - Deed of Trust

I have this day bargained and sold and do hereby transfer and convey to John G. Marshall of the county of Davidson, State of Tennessee, for the consideration of five dollars to me paid and the further consideration hereafter mentioned the following property, personal and real, to wit, two tracts of land situated, lying, & being in the county of Sumner and State of Tennessee, the first tract bounded as follows, beginning at a hackberry, known as Duggan's and William Kirkpatrick's corner, running thence South two hundred and seventeen poles to a beech, thence West one hundred and fifty three polls to two hickories, thence North 10 degrees West one hundred and five polls to a walnut, thence North 32 degrees West, thirty seven and a half polls to a stake, adjoining the public Road, thence North 37 degrees East fourteen and a fourth polls to a stake, thence North 10 degrees West sixty eight polls to a stake in the North boundary line, thence East 26 polls to a Buck ad hickory and the old McGee lines, and thence to the beginning containing two hundred acres more or less. The second tract bounded as follows; on the North by the lands of Frances Kettering, on the East by the lands of William Watkins, on the South by the lands of David Montgomery, and on the West by the land of Hugh Kirkpatrick and Peter Kettering, containing seventy acres more or less, and for the like consideration. The following personal property, nine horses, one mule, fifteen head of cattle, thirty five head of sheep, forty head of hogs, one buggy & harness, all my household and kitchen furniture and all my farming implements now on my farm, among which is a Kentucky harvester, a four wagon and a two horse wagon

(Page 245)

and old thresher, fan & fixtures. To have and to hold said property, both real and personal, to the said John G. Marshall his heirs and assigns forever. I covenant with the said Marshall that I am lawfully seized of said property, that it is unencumbered, and that I have a good right to convey the same. I covenant likewise with the said Marshall for myself, heirs, and representatives, to warrant and defend the title of said against the claims of all persons whatever. But this conveyance is made for the following uses, trusts, and purposes, and none others, that is to say, whereas I am indebted to the estate of one James Jones, deceased, late of the county of Robertson, for about three thousand three hundred dollars due by note, and to George E. Dismukes by note due 24th February 1864 for one hundred eighty nine dollars and thirty nine cents, upon both which notes Robert T. Kirkpatrick is my security. I am likewise indebted to the firm of R. C. McNairy & Co. of Nashville, one thousand and fifty dollars for goods, merchandise & etc. As whereas I am anxious to secure the payments of said debts, and save harmless my securities. Now if I shall on or before the 1st day of January 1867 pay off and satisfy said debts and the interest there on, then this conveyance to be void and of no effect. But if I should fail to do so then the said John G. Marshall as trustee is hereby directed after giving twenty days notice of time and place, to sell said lands and personal property to the highest bidder for cash, and apply the proceeds to the payments of said debts, interest, and costs & etc., and thirdly if there should be any balance, to pay the same over to me, this 21st day of August 1865. Sam Kirkpatrick, (Seal)

State of Tennessee, Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of said County, Sam Kirkpatrick, the bargainor with whom I am personally 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 21st day of August 1865. John L. Bugg, Clerk

Received and registered August 21st 1865 at 4:45 o'clock PM.

Registered and examined this 31st August 1865. S. Hermans, Deputy Register for R. D. Moore, Register S. Co.

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Baxter Smith, Trustee To King & Height - Bill of Sale

I have this day bargained and sold to Thomas King and H. R. Height or the sum of three hundred and fifty dollars, the receipt of which is here acknowledged, a printing press type & fixtures, under a Deed of Trust executed to me by C. R. Bartion on the 13th June 1860, duly acknowledged and registered in the register's office of Sumner County, Tennessee. I as trustee by the powers executed to me in said deed warrant the title to the same. This August the 9th 1865. Baxter Smith

Test

George B. Guild

James W. Blackmore

State of Tennessee, Sumner County - Personally appeared before me, John L. Bugg, Clerk of the County Court of said county, Geo. B. Guild and Jas. W. Blakemore the subscribing witnesses to the foregoing Bill of Sale, who being first sworn depose and say that they are personally acquainted with Baxter Smith Trustee, the bargainor and that he acknowledged the execution of the same in their presence to be his act and deed for the purposes therein contained. witness my hand at office this 21st day of August 1865. John L. Bugg, Clerk

Received for registration August 21st at 5 o'clock PM 1865.

Registered and examined August 22nd 1865. S. Hermans, Deputy Regr. for R. D. Moore, Regr. S. Co.

A. J. Blackmore To Leroy Huffman - Deed of Trust

For and in consideration of five dollars to me paid the receipt whereof is hereby acknowledged, I have this day bargained and sold to Leroy Huffman in trust the following property to wit; two sorrel mares aged nine and seven years respectively, one bay mare aged eight years, three pairs wagon harness. I warrant the title to said property, and have a good right to sell the same. This trust is made for the following purposes; That whereas I am indebted to Stant Cantrell by note in the sum of one hundred and thirty five dollars, due in June 1865. To Dr. L. B. Brown by note and account amounting in full to fifty dollars now due. To David Goodall by note due in 1860 for about one hundred dollars. Now if I shall not pay this above specified indebtedness, on or before the 1st day of August 1867, then my trustee Leroy Huffman, after advertising the same as the law directs, will proceed to sell the above mentioned property for cash and apply the same to the payment of my indebtness in the order in which they are mentioned. First paying all the necessary expenses of this trust, the balance if any, he will pay over to me. And if any time during the pending of said trust, my said trustee shall desire it advisable to sell said property, he is hereby empowered to do so, and apply the amount to my indebtedness. This August 18, 1865 acknowledged. A. J. Blackmore

(Page 247)

State of Tennessee, Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of said county, A. J. Blackmore the bargainor with whom I am personally acquainted with and acknowledged that he made and executed the foregoing Deed of Trust for the purposes therein contained. Witness my hand at office this 22nd day of August 1865. John L. Bugg, Clerk

Received for Registration August 22 1865 at 2:30 PM

Registered and examined August 23 1865. S. Hermans, Dety. Regr. for R. D. Moore, Regr. S. Co.

John N. Barry To Mary L. Martin - Deed of Trust

I John N. Barry have this day bargained & sold and do hereby transfer and convey to Mary L. Martin and her heirs forever, for the sum of five dollars to me paid and other considerations herein after mentioned a certain tract or parcel of land in the State of Tennessee, County of Sumner District No. 6. Containing by estimation two hundred and fifty five acres, more or less, and bounded as follows, Beginning at a hackberry at the Bender & Hunts Ferry Road, thence S. 1 1/2 degrees W. 97 poles to a large poplar, thence S. 60 1/2 degrees W. 44 poles to a planted rock corner to John A. Vaughans, thence N. 40 degrees W. 38 poles to a stake near a large white oak, thence W. 63 poles to a rock an the Spring Branch, thence down the same as it meanders to Cumberland River, thence down the same thus N. 3 degrees W. 25 6/10 poles, N. 1 degree W. 24 poles, thence N. 1 degree W. 34 poles to James A. Douglass S. W. corner, thence N. 85 1/2 degrees E. 21 poles to a stake, thence N. 52 degrees E. 46 poles to a stake near a Chinquapin Oak, thence E. 76 6/10 poles to a planted rock an the West side of Benders Ferry Road, thence S. 2 degrees West 37 poles to the beginning. To have and to hold to the said Mary L. Martin her heirs and assigns forever. I do further covenant with the said Mary L. Martin that I am lawfully seized of said land have a good right to convey it and that the same is unencumbered. I do further bind myself my heirs and representatives to defend forever the title of the same land to the said Mary L. Martin her 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. I am indebted to the said Mary L. Martin in the sum of five thousand five hundred fifty dollars ($550.00) which sum I am desirous of securing and making certain the payment of, now I hereby authorize the said Mary L. Martin after advertising for thirty days at the County Seat of said county and three public places in the neighborhood, to sell the said land at public sale for cash to the highest bidder and after paying the necessary expensives of the sale, if it be a balance after satisfying the said Mary L. Martins claim, she will pay the balance to me. Given under my hand and seal this fifteenth day of August 1865. John N. Barry (Seal) August 15th 1865

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State of Tennessee, Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of said county, John N. Barry 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 23rd day of August 1865. John L. Bugg, Clerk by J. A. Trousdale, D. C.

Received for registration August 23rd 1865 at 11 o'clock AM

Registered &  examined August 23 1865. S. Hermans, Dpy. Regr. for R. D. Moore, Regr. S. Co.

I. T. Burton To W. W. Burton - Deed of Trust

For and in consideration of five hundred dollars to me paid, I have this day bargained and sold and do hereby convey in trust to W. W. Burton the following mentioned property, all the right title and interest I have in and to a tract of land situated in Sumner County, Tennessee in Civil District No. 2 containing 87 acres and bounded as follows, South by the lands of Thomas Puryer dec'd, East by the Neely tract, West by the Edmond line, North by the lands of Bennet Dyer and South, also the following personal property to wit, two colts one red two years old bay & dunn color, bay horse 10 years old, nine head of sheep, also my crop of corn now growing of about 25 acres and after allowing me all exempt from execution. Now this deed is made for the following uses & trusts and none other. That is whereas, that I am indebted to James Rankin in the sum of two hundred and fifty dollars ($250.00) due about the year 1861, balance on three notes to Noel Winston amounting in full to about four hundred dollars ($400.00),  note to James Cary of about one hundred ($100.00) dollars due 1861, note of Dr. Fitts of about one hundred ($100.00) dollars now due, note to Edmond Lewis for one hundred dollars ($100.00), and note of W. W. Burton of about one hundred ($100.00) dollars, note of Wynn Hart for about one hundred dollars. I am also indebted to different persons by note and account in several sums, which debts are likewise secured by this deed and my trustee will likewise pay the same out of the proceed arising from this deed. If I should pay off these debts on or before the first of September 1867 then this deed to be null & void, but if I should fail on or before the above specified date to pay off my said indebtness, then my trustee W. W. Burton is empowered after advertising legally, to sell the same for cash and apply the proceed first to the payment of this action and necessary expensives, then to the debts in equal ratio. If there shall not be a sufficiency, if any surplus remains to pay the balance over to me. If at any time during the pending of this trust, by said trustee, should see proper he is authorized to sell  off any of the personal property with my consent and apply the proceeds to my indebtness. Witness my hand & seal this August 22nd 1865. I. T. Burton

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State of Tennessee, Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of said county, I. T. Barry the bargainor with whom I am personally acquainted and who acknowledged that he made and executed the foregoing Deed of Trust on the day it bears date & for the purposes therein contained. Witness my hand at office this 22nd day of August 1865. John L. Bugg, Clerk

Received for registration August 22nd 1865 at 2:30 o'clock PM

Registered and examined August 25th 1865. S. Hermans, Dpy. Regr. for R. D. Moore, Regr. S. Co.

Dr. Robert Pursley To George B. Guild - Deed of Trust

For and in consideration of five dollars to me paid, I have this day bargained and sold and do hereby convey to Geo. B. Guild the following real and personal property to wit; a house and lot of ground of 4 acres, lying in Sumner County, Tennessee near the town of Hartsville and bounded as follows: North by the Mills Turnpike, South by A. L. Tinsley, East by Hartsville & Roper Turnpike, West by West Fork of Little Goose Creek, a tract of land lying in said county in Civil District, containing by estimation one hundred (100) acres. Said land has been deeded to me by David & Wm. Clark. Said land is bounded as follows: West by West Fork of Little Goose Creek, South by land of William Lester, East by lands of R. Hall, North by lands of Leath & Mills. For particulars as to boundary in D. & Wm. Clarke's title papers to me registered in Sumner County, and the following personal property to wit; one four horse wagon, a buggy and harness, five head of mules aged 3 to 5 years, one Roan horse 6 years old, a growing crop of corn of 25 or 30 acres, after allowing me amount exempt from execution. My books and accounts as a practicing physician, excluding through a period of four or five years containing at least $1200.00 of good debts all of my house hold & kitchen furniture less what the law allows me. I warrant the title of the above specified property real & personal and bind myself to defend the same. But this deed is made for the following uses and purposes and none other that whereas I am indebted in the following amounts to wit; To Dixon Furguson by two notes amounting to two hundred and seventy five ($275.00) dollars, to Wynn Hart by note for four hundred and seventy five dollars ($475.00), to Nat Adams by note for one hundred ($100.00) dollars, to William Hobgood by note for one hundred ($100.00) dollars, also to James Andrews by note for four hundred & fifty ($450.00) dollars, also by note to James Andrews with Benjamin Mills my security for thirteen hundred (1300) dollars, to James Lauderdale by note for eight hundred and fifty dollars (850), to H. C. Ellis by note for three hundred and fifty dollars, to Jo Sullivan by note for two hundred and fifty ($250.00) dollars, to William Kerly & J. Carr by note for two hundred ($200.00) dollars. I am also indebted on my individual accounts to different persons in small amounts, to whom and the exact amounts I do not now recollect all of which are to be secured by this deed.

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Now if I should pay off said indebtedness on or before the first day of August 1867, then this deed to be null & void, but if I shall fail to do so, then my trustee, Geo. B. Guild, is empowered after advertising as the law directs to sell all of the above conveyed property to the highest bidder for cash, and apply the proceeds first to his own and necessary services in executing this trust, next to the payment of their trust my indebtedness in equal ratio and sufficiency. If there shall not be a sufficiency, the balance if any he will pay over to me. If at any time during the pending of this trust my trustee should deem to the interest or advantage of my creditors with my consent he is authorized to sell the personably property and apply the proceeds to my indebtedness. Given under my hand and seal this 23rd August 1865. Robt. Pursley

State of Tennessee, Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of said county, Robert Pursley the bargainor with whom I am personally 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  and seal this 23rd day of August 1867. John L. Bugg, Clerk

Received for registration August 23 1865 at 4 o'clock PM

Registered and examined August 26th 1865. S. Hermans, Dpy. Regr. for R. D. Moore, Regr. S. C.

Hugh Wyllie To Henry J. Lockett - Deed of Trust

For the consideration of five dollars to me paid and the other consideration hereafter mentioned, I have this day bargained and sold and do hereby transfer and convey to Henry J. Lockett and his heirs, the following described property to wit; 2 gray mares, 1 gray filly 2 years old, two suckling mules, bay colt 1 year old, 1 suckling colt, 1 white cow & calf, 1 speckled cow, 1 heifer about 2 years old. 20 head of sheep also the tract of land in Sumner County, District No. 3 being the tract of land conveyed to me by James & B. F. Gourley, whose deed to me is here referred to, for a description of the boundaries, also my interest in a tract of land adjoining the above tract containing about 62 acres, being the land sold to me by Wm. Seay. The above named tract conveyed to me by J. & B. F. Gourley contains about 270 acres. The above conveyances is made for the following purposes and no other, that is to say I am indebted to Sam Barr by note in the sum of $2000.00 with interest for several years, and which note H. J. Locket & W. R. Lane are my securities. Said note is now in the possession of Burnice Barr Exe. I also am indebted to John T. Baber by note in sum of about $800.00 and interest for several years. I am also indebted by note made payable to B. W.

 


CWP, Misc. Deed Book, Page Index  

Genealogist's Companion to Research in Sumner County, Tennessee