Search billions of records on Ancestry.com
   

Sumner County, Tennessee

CWP Miscellaneous Deed Book, Vol: 1859 - 1869

(Pages 81 - 90)

Transcribed and submitted by: Jan Johnson Barnes & Linda Carpenter

Source: TSLA Microfilm Roll# 340

 (Page 81)

Also one tract of land lying in the County of Sumner (page torn) acres more or less being the same land bought by John Bernard (page torn) & A. J. Blackmore to whose deeds for the same registered in Sumner (page torn) here made for the more particular location & boundaries, the one undivided half of which said land the said John Bernard afterwards purchased under the Decree of the Chancery Court at Nashville in the suit No. 138 therein of J. W. Evans & others vs Joseph L. Ewing Guardian & Others to secure the payment of which purchase money a lien is retained & to which suit & the proceedings therein reference is here made and to which said undivided half of land a deed is not to be made until all the purchase is paid by said John Bernard. All the above property real & personal is hereby conveyed to said William Porter in Trust for the following uses & purposes to wit, to secure & pay the following debts & any others that I may justly owe not herein mentioned to wit. First Class - Balance of debt due T. W. & W. H. Evans surviving partners of Evans & Smith about $1500.00 & being the balance of the purchase money for the said undivided half of said real estate so purchased by said Bernard under said Decree of said Chancery Court. A note of about $1998 2/100 dated ---- day of --- 18-- given by said Bernard to Joseph L. Ewing Guardian of William & Pleasant Smith & on which said note William Porter is security & on which said note the said Bernard was & is to pay interest companied as it is a Guardianship debt. The above named debts to be paid first. Second Class - 1 note now due Levi Baker for $3600.00, 1 note now due John Cole 600.00, 1 note now due Richmond Cole 335.00, two notes now due Wm Cooly (together amounting to) 568.00, one note due Wm. Etherly for 150.00, Open Apr. due W. Burns for 75.00, open Apr. due James Erwin & Co. for 65.00, 1 note due Geo. Randolph for 50.00, one note due Thos. Perry for 40.00, one note due Mary Shaw for 90.00, open Ap. for Saunders & Co. for 55.00. The debt specified to Wm. Cooly are notes given to Burrel Bender & by him transferred to said Cooly. Third Class - All or any other debts which I justly owe but of which I have now no recollection. Now if I shall not between now and the 1st day of January 1862 pay & discharge all of the above specified debts & all other debts which I now owe the said William Porter shall after giving legal notice of the time & place of sale expose all the described property real or personal at public sale to the highest bidder for cash and out of the proceeds after first paying the costs & expenses of executing this Trust apply the balance to the payment of the debts in the order herein before mentioned, and the balance if any over to me or my order, said William Porter is authorized & empowered at any time between now & the 1st January 1862 to sell or caused to be sold by his Agent for cash or upon a short credit all the conveyed property except the land & negroes and the proceeds there of apply as above directed. Witness my hand this 5th of Novr. 1860. John Bernard

State of Tennessee Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of said county, John Bernard the bargainor with whom I am personally acquainted and who acknowledged that he executed the foregoing Deed of Trust for the

(Page 82)

(page torn) Received for registration at 9 O'clock AM Novr. 6th 1860.

Registered and examined this Novr. 8th AD 1860. R. D. Moore, Regr. S. Cty. by Thos. Donoho, Dep. Regr.

 

Summers, W. W. To Wm. H. Barksdale - Bill of Sale

This agreement made this 13th day of November 1860 between W. W. Summers of the first part and Wm. H. Barksdale of the second part. Witnesseth that W. W. Summers in consideration of ten dollars paid to him in hand and seventy seven dollars and fifty cents for which the said Barksdale is security on a certain bond to the Circuit Court of Sumner County against H. M. Neely and his assumption to pay the same. I do hereby convey to W. H. Barksdale two tobacco screws for prizing tobacco now in the stemery at Hartsville in the building owned by John W. Wilson who I have been doing business for the year 1860. The screws I convey to Wm. H. Barksdale are one large screw and one small one and also I do hereby convey the one set of mauls & 2 sets of Bands belonging to said presses or screws for the consideration above mentioned and witness whereof I hereunto set my hand and seal Novr. 13th 1860. W. W. Summers (Seal)

Attest

G. D. Brevard

R. C. Terry

State of Tennessee Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of said county, W. W. Summers the bargainor to me personally known and acknowledged that he executed the foregoing conveyance for the purposes therein contained and on the day it bears date. Witness my hand at office this the 16th day of November 1860. John L. Bugg, Clerk

Rec'd. for registration at 1 O'clock PM 16th Novr. 1860.

Registered and examined this 16th day of Novr. AD 1860. R. D. Moore, Regr. S. Cty. by Thos. Donoho, Dep. Regr.

 

Cummings, E. To E. Bryant - Deed of Mortgage

I Enoch Cummings for and in consideration of the sum of one hundred and fifty dollars to me in hand paid have this day bargained and sold and do hereby transfer and convey to Edward Bryant his heirs and assignees forever my present crop of Tobacco. To have and to hold to the said Edward Bryant his heirs and assignees forever in case that I do not by the 1st of March 1861 refund to him the above consideration. In testimony whereof I have hereunto set my hand and seal the 16th day of November 1860. Enoch Cummings (Seal)

State of Tennessee Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of said county, Enoch Cummings the bargainor with I am personally acquainted and who acknowledged that he made the foregoing instrument for the purposes therein contained. In witness whereof I have hereunto set my hand this 16th day of Novr. 1860. John L. Bugg, Clerk

Rec'd. for registration at 4 O'clock PM Novr. 16th 1860.

Registered and examined this 19th day of Novr. AD 1860. R. D. Moore, Register S. Cty. by Thos. Donoho, Dep. Regr.

(Page 83)

 

Temple,  L. M. & G. D. To Francis D. Bowen - Deed of Promissory Note

This indenture made and entered into this 16th day of November 1860 between Lucian M. Temple and his wife Guilulma D. Temple of the County of Sumner and State of Tennessee of the one part and Francis D. Bowen of the State of Georgia of the other part. Witnesseith that the said Lucian M. Temple and Guilulma D. Temple for and in consideration of the sum of five dollars to them in hand paid and the other consideration herein after mentioned, have this day bargained and sold and do hereby convey to the said Francis D. Bowen a house and lot in the town of Gallatin County and State aforesaid situated in the south side of main street in said town, adjoining the residence and store house of H. B. Vaughn, and the property occupied by Jno. H. Malone as a store house, and being the same by them purchased at the sale of the real estate belonging to the heirs of Harris Odom dec'd., under a decree of the Chancery Court of Sumner County aforesaid to have and to hold the same to the said Frances D. Bowen his heirs and assigns forever. We do covenant with the said Bowen that we are lawfully seized and possessed of said property have a good right to convey the same and that it is unencumbered. We also bind ourselves to warrant and defend the title to said property and every part thereof to the said Francis D. Bowen his heirs and assigns, the lawful claims of all persons whatsoever. But this conveyance is made for the following uses and trusts and for no other purpose that is to say, that whereas the said Lucian M. Temple and Gululma D. Temple have this day executed this promissory note to the said Francis D. Bowen payable twelve months after date for the sum of fifteen hundred dollars with interest from date at the rate of seven per cent per annum, now if the said Lucian M. & Gululma D. Temple shall pay said note whereas the same shall become due and payable then this deed to be void. They are also to have the privilege of paying the annual interest upon the same and renewing said note for the period of three years at the expiration of which time if said note is not paid then the said Francis D. Bowen may proceed to sell said house and lot at public auction to the highest bidder where such terms as may be deemed by him best for the interest of both parties after giving due and legal notice of the time and place of sale for the space of twenty days in some newspaper published either in the city of Nashville or the town of Gallatin aforesaid, and appropriate the proceeds first to the said payment of all necessary cost and expenses, second the satisfaction of said debt and the balance if any to us. It is also understood and agreed between the parties that in case of a failure to pay the interest in said note and renew as foresaid, the said Bowen is to have the privilege of selling as above directed at maturity and we also agree to keep the house herein conveyed covered by insurance to the amount of fifteen hundred dollars (tape) whereof we

(Page 84)

have hereunto set our hands and seals this day and date above written. Lucian M. Temple (Seal) Guluilma D. Temple (Seal)

State of Tennessee Sumner County - Personally appeared before me Henry W. Bugg, Deputy Clerk of the County Court of said county, the within named bargainor with whom I am personally acquainted and who acknowledged that he executed the within instrument for the purposes therein contained, and Guleilma D. Temple wife of the said Lucian M. Temple having appeared before me privately and apart from her husband the said Lucian M. Temple, acknowledged the execution of the said deed to have been done by her freely voluntarily and understandingly without compulsion or constraint from her said husband for the purposes therein expressed.

Witness John L. Bugg, Clerk of said court at office this 16th day of November 1860. John L. Bugg Clerk, by H. W. Bugg, Dept.

Rec'd. for registration at 9 O'clock AM Novr. 19th 1860.

Registered and examined this 19th Novr. AD 1860. R. D. Moore, Regr. S. Cty. by Thos. Donoho, Dep. Regr.

 

Lewis, W. B. To J. A. Lucus - Deed of Trust

I William B. Lewis for and in consideration of the sum of five dollars to me paid by Jas. A. Lucus do this the19th day of November 1860 transfer and convey to the said Lucus as my Trustee all my right title & interest in a certain tract of land lying in Sumner County, Tennessee District No. 18 bounded as follows beginning at a Black Oak Guthrie's North East corner on Armfields North boundary line, thence East 22 1/2 poles to a stake Armfields corner, thence with said Armfields line 20 poles to a White Oak, thence 80 poles to a Dogwood, Black Oak & Hickory, thence North to Johnson's corner, thence West with the said line to a Hickory, thence South with Guthrie's line to the beginning. This conveyance is made absolute or void in consequence of certain conditions hereafter named that is to say if I shall pay on or before the 19th November 1861 a note made by myself with Andrew H. Guthrie and James A. Lucus as suretys payable to Josephus Cuffman the present holder of the said note the note being for five hundred and fifty dollars and due the 25th of December 1861. The conveyance is to be null and void but should I fail to pay the said note by the 19th of November 1861 then James A. Lucus my aforesaid Trustee shall sell the said land to the highest bidder the real property specified in this instrument after advertising the same for thirty days before the day of sale at 3 public places in District No. 18 and at the Courthouse in Gallatin and to apply the proceeds to the payment of said note and give the remainder or over plus to the conveyor. Wm. B. Lewis

State of Tennessee Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of said county, Wm. B. Lewis the bargainor with whom I am personally acquainted who acknowledged that he executed the foregoing Deed of Trust for the purposes therein contained. Witness my hand at office this 19th November 1860. John L. Bugg, Clerk

(Page 85)

Rec'd. for registration at 2 O'clock PM 19th Novr. 1860.

Registered and examined this 19th day of Novr. AD 1860. R. D. Moore, Regr. S. Cty. by Thos. Donoho, Dep. Regr.

 

Fowlks, J. B. To Mary Fowlks - Deed of Gift

Know all men by these presents that I John B. Fowlks of the county of Sumner & State of Tennessee have this day for the love & affection that I have for my wife Mary Fowlks and Catharine H. Fowlks also Sarah J. Fowlks and Mary F. Fowlks the three latter names being my Daughters. I have this day give unto them a certain tract or parcel of land lying in District No. 8 County of Sumner & State aforesaid & on the waters of Manskers Creek lying as follows. Beginning on a Beech running North 77 poles to a Thorntree, thence Northwest 74 degree West 14 poles to an Ash, thence North 40 degree West 16 poles to----, thence South 70 degree West 31 poles to the creek, thence South 31 degree East 45 poles to the beginning. I give and bequeath them the above land to have and to hold as their right & property. Whereunto I set my hand & seal this 16th of November 1860. I also include all my household & kitchen furniture. J. B. Fowlks (Seal)

State of Tennessee Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of said county, J. B. Fowlks the donor with whom I am personally acquainted and acknowledged that he made and executed the foregoing Deed of Gift for the purposes therein contained. Witness my hand at office this 3rd of Decr. 1860. John L. Bugg, Clerk

Rec'd. for registration at 9 O'clock AM 3rd Decr. 1860.

Registered and examined this 4th Decr. AD 1860. R. D. Moore, Regr. S. Cty. by Thos. Donoho, Dep. Regr.

 

Lucas & Jernigan To W. A. Lovell - Deed of Trust

For and in consideration of five dollars to us paid & the other consideration hereafter named we have this day sole aliened and conveyed & do hereby sell alien & convey unto W. A. Lovell his heirs & by the following property to wit two lots in the town of Mitchelville Sumner County Tennessee on one of which is the store house & dwelling house at present occupied by us, on the other lot there is a barn which is likewise in our possession and use being the same lots bought by us from Theodore Heermans all of our stock of goods wares & merchandise now in our store house in Mitchelville or elsewhere all of our book accounts notes and other evidences of debts which accounts notes and other property here conveyed to said W. A. Lovell his heirs & in trust however for the following uses and purposes and no other that is to say. We are indebted to the following persons to wit; James A. Jernigan by two notes for $600 due in 1859, to James Austin by account due now of about $2672.80 due in 1859 & 1860, to L. B. & T. D. Fite by notes for $525.28 due in 1859, to W. L. Aiken & Co. by notes for $275.67 due in 1859 & 1860, to Fall & Cunningham by note for $58.54 due in 1860, to Barry & Demoville by note for $140.03 due in 1860, to Fite Sheppard & Co. by note $980.33 due in 1860, to Barry Sanfley & Co. by note for $182.70 due in 1860, to Rains & Brown by note for $39.57 due in 1860, to H. B. Plumer & Co. by note for $320.65 due in 1860, to J. B. McFerrin & Co. by note for $33.34 due in 1860, to W. B. Gubs by account for $18.10 due in 1860, to A. H. Hicks & Co. by note for $21.65 due in 1860, to R. S. Hollins & Co. by notes for $432.37 due in 1859 & 1860, to Cook Bailey & Co. by note for $348.45 due in 1860. And being desirous to secure and make certain the payments of all the

(Page 86)

above named debts, our said Trustee W. A. Lovell is to go on close up all our said business collect all of the notes & accounts and other debts herein conveyed and sell out all of the goods wares & merchandise now on hand and the buggy and apply the proceeds as fast as sealized first to the payment of the debts above enumerated in the order in which they are herein stated the debts due to Evans & Co. & L. B. & Z. D. Fite to stand upon the same foot. The said Trustee in disposing of the goods on hand and the buggy shall exercise his discretion whether to sell at wholesale or retail them out and likewise whether to sell privately or publicly and whether for cash or on a credit of not more than six months. And in the event that all of the said debts are not fully paid of and discharged by the first day of January 1862 then the said Trustee will expose whatever of effects may still be on hand including the two lots in Mitchelville and sell the same at public sale after giving twenty days notice and sell the same for cash and apply the proceeds to the satisfaction of the debts unpaid in the order hereto for directed. And said Trustee is further authorized in case any of the creditors above named is willing to take notes & accounts for their debts to pay them of in that way paying them only in the order that they are entitled under this conveyance. And in the event there should be a surplus in the hands of the said Trustee then in that event he is to pay the same over to us. Witness our hands and seals this the 6th day of December 1860. W. P. Lucas (Seal) A. J. Jernigan (Seal)

State of Tennessee Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of said county, W. P. Lucus and A. J. Jerigan the bargainors with whom I am personally acquainted and who acknowledged that they made and executed the foregoing Deed of Trust for the purposes therein contained. Witness my hand at office this 6th Decr. 1860. John L. Bugg, Clerk

Rec'd. for registration Decr. 6th 1860 at 4 O'clock PM.

Registered and examined this 11th day Decr. AD 1860. R. D. Moore, Regr. S. Cty. by Thos. Donoho, Dep. Regr.

 

Stovall, W. H. To W. G. Henry - Deed of Trust

I W. H. Stovall have this day sold & do hereby convey & transfer for and in consideration of five dollars to me in hand paid to W. G. Henry Trustee four acres of land situated in District No. 11 Sumner County together with a Mill & Distillery & all the appurtenances thereunto belonging situated upon said four acres of ground adjoining the land on the North by W. D. Linsley on South by Jno. Linsley East by W. Dodd & West by same purchased by me of M. J. Lucus for which I hold his title bond all of the purchase money not yet paid him, six thousand bundles of oats, one thousand bundles of fodder, all my crop of corn raised in the year 1860, six beds clothing & bedsteads, two beauros, one fine setter, one fine center table, one fine Turkish carpet, one safe, and all my farming utensils consisting of plows. hoes & all the right title & claim & interest in the following negroes Mary aged 26 years & her three children John, Bill, & Lawrence, Rufus aged 29 years, Jerry aged about 20 years, all of the above negroes have been levied upon, and I convey to the said trustee all the interest that I have in them, one buggy & three sets of harness & 1 role, also my interest in one hundred and five head of hogs furnished at my mills by W. G. Goldston one half of proceeds of which belong to me when fattened and sold, one appale mills, two ox waggons, one yoke of oxen, six head of cattle. To have and to hold the same to said W. G. Henry his heirs and assigns forever against the claims of all

(Page 87)

persons whatever except the prior claims or levies already mentioned in this deed. But this deed is made for the following uses & trusts & for no other purpose that is to say that I am indebted to Guild Bennett & Smith in the sum of seventy five ($75) dollars and to William T. Stovall as my security to John Patterson in a note for nine hundred & seven dollars & seventy eight cents (907.78) due the 26th of Septr. 1861, also W. T. Stovall & W. G. Henry are my securities on a note due John Patterson dated 6th of Septr. 1860 bearing interest from date due 1st Septr. 1861 for six hundred & eighty five dollars (685) and W. G. Henry is my security on a note due John Patterson dated 28th of Septr.1860 and due the 26th of Septr.1861 bearing interest from date for four hundred and fifty nine & sixty six cents (459.66) also W. T. Stovall is my stay security to Joseph G. Meadow on a Judgment before Thomas Boyers Esquire for about two hundred & twenty dollars (220) also he is my stay security for judges recovered before Thomas Boyers Esq. one going to B. Bender for about ($169) one to James Alexander about ($86) two to Tyree & brothers for about ($120) also I am indebted to the said W. T. Stovall as security for me to W. Browning & James Kelly for about five hundred dollars ($500) and James Stovall is my security for about three hundred dollars to D. P. Drane & others. And I am desirous to secure and make certain the payment of the same. Now if I should pay the said debt at the time by 1st Feby. 1862 then this deed to be void, but if I should not then the said W. G. Henry as trustee has full & complete power by these presents either to sell publicly or privately all of said property, if publicly to give ten days notice at three public places in the neighborhood & to sell to the highest bidder for cash or on a credit if the said trustee & creditors should agree & consent to the same & appropriate the proceeds of the sale 1st to the payment of the necessary expenses & costs. 2nd to the satisfaction of said debts first in the order which they are mentioned above mentioned. 3rd to pay the balance if any to me. This Decr. 7th 1860. W. H. Stovall

Attest

State of Tennessee Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of said county, W. H. Stovall 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 7th Decr. 1860. John L. Bugg, Clerk

Rec'd. for registration December 7th 1860 at 1 O'clock PM.

Registered and examined this 11 day of Decr. AD 1860. R. D. Moore, Regr. S. Cty. by Thos. Donoho, Dep. Regr.

 

Whitworth, Wm. A. To Lee Shute - Deed of Trust

I William A. Whitworth of the County of Sumner State of Tennessee have this day for and in consideration of one dollar to me paid and the other consideration herein after mentioned bargained sold transferred and conveyed and do by these presents bargain sell transfer & convey unto Lee Shute the following described property to wit. Beginning at a Sink hole in D. Dismukes West boundary, thence North 3/4/E 101 poles to a rock in Wm. Jones South boundary & corner to said Dismukes, thence North 87 degrees West 93 6/100 poles H. ----- corner in Wm. Montgomerys South boundary, thence South 102 poles to a rock, thence West 19 poles to a rock, thence South with H. H. Saunders West boundary 89 poles to a rock, thence with the North boundary of the Byram tract East 109 poles to a rock in said Dismukes West boundary, thence with the same North 3/4 degrees East 88 8/10 poles to the beginning. Containing one hundred and twenty acres. Also one other tract bounded as follows. Beginning at a rock in the line of the above tract and running thence North 102 poles to a rock in Wm. Montgomerys South

(Page 88)

Boundary line, thence West with said line 90 poles to a stake Hackneys corner, thence South with said Hackneys line 103 and 7 links to a rock in H. H. Suanders line, thence East with said Saunders line 87 poles & 18 links to the beginning. Containing fifty seven acres. Also the following personal property, one negro man slave named Nick about 40 years old, Martin about 16 years old, Jim about 8 years old and Charlotte about 4 years old, 5 head of horses, one mule, six head of cattle, ten head of sheep, one buggy and harness, one reaper. To have and to hold the said property both real & personal to said Shute his heirs and assigns forever. I covenant and bind myself my heirs & representatives to warrant and defend the title to the said claims of all persons whomsoever, and that I have a good right to convey the same. But this deed is made for the following uses and trusts and for no other purpose that is to say I am indebted to George Martin in the sum of one hundred and seventy five dollars due by note, to Lee S. Dunn Store account supposed to be about one hundred and fifty dollars and to Lee Shute in the sum of six hundred dollars due by notes past due about six months also one hundred and twenty dollars due W. Hutchinson for negro hire, and thirty nine dollars to Bernice Bender. And whereas I have been in partnership in buying and selling negroes with J. K. Taylor & H. H. Haynes under firm of H. H. Haynes & Co. and whereas the concern has on hand a lot of negroes and claims which are yet to be closed up and not being able to see what will be the result under the pressure of the times and being anxious to secure and save the concern harmless against any loss  it may sustain when wound up and closed out so far as I shall be chargeable with the loss as a member of the firm. Now if I shall well & truly pay & satisfy said debts above enumerated which I desire paid, first out of the property conveyed in this deed on or before the first day of July next and shall further save said firm harmless from all loss as aforesaid then this Deed shall be void. But if I shall fail to pay said debts or any of them or to save harmless my partners aforesaid then the said Trustee shall after giving twenty days notice of the time & place on the premises where I live expose to public sale for cash any or all of said property real and personal and apply the proceeds first to paying the expenses of executing this Deed of Trust. Secondly to paying the debts above specifically enumerated due to individuals. Thirdly pay any loss or liability I may be under to the firm aforesaid and Fourthly to pay the balance if any to liabilities I may now be under which are not mentioned specifically and included in this deed, and if after the payment of all said liabilities there still be a balance, that balance to be paid to myself. Witness my hand & seal December 10th 1860. Wm. A. Whitworth (Seal)

State of Tennessee Davidson County - Personally appeared before me F. R. Cheatham, Clerk of the County Court of said county the above named Wm. A. Whitworth the bargainor with whom I am personally acquainted and who acknowledged that he executed the annexed instrument for the purposes therein contained. Witness my hand at office this 10th day of Decr. 1860. F. R. Cheatham, Clerk by P. L. Nichol, D. C.

Rec'd for registration at half past 7 O'clock AM Decr. the 11th 1860.

Registered and examined this 11th day of Decr. AD 1860. R. D. Moore, Regr. S. Cty. by Thos. Donoho, Dep. Regr.

(Page 89)

 

Anthony, J. W. To Robert A. Bennett - Deed of Trust

I  J. W. Anthony have this day bargained and sold & do hereby convey Robt. A. Bennett Trustee for the sum of five dollars to me paid & the other consideration herein after mentioned a tract of land lying in the County of Sumner District No. 2 containing by estimation 140 acres and bounded as follows on the North by the lands of Thomas Cary East by lands of John Cary West by lands of E. L. Payne South by John Cary and the following slaves to wit; Caroline aged 45 years, Sarah aged 20 and infant child some five months old, Ben aged 15 years, Martha aged 12 years, Spencer aged 8 years, Reuben aged 7 years, Susan aged 5 years, Peter aged 5 years, and also a negro man Buntin aged 25 years, John 18 years, the two last mentioned negroes are subject to a lien in favor of James Bankhead for $1070 which I owe him but which I will pay off soon & release said lien, also a steam saw & Gristmill situated upon the said tract of land above described with all the appurtenances thereunto belonging, also a wagon & six horses & gear, one buggy & harness, three head of cattle, 18 or 20 head of hogs, one threshing machine, one corn sheller, one ox wagon & yoke of oxen, two pairs of weighing scales. To have and to hold the same to the said Robt. A. Bennett his heirs and assigns forever. I do covenant with the said Robt. A. Bennett that I am lawfully seized of said property and have a good right to convey it and all of said property is unencumbered except the two negroes Buntin & John as before stated. But this deed is made for the following uses and purposes & none other that is to say that I am indebted to the following persons in the following amounts. R. A. Bennett in the sum of fifty (50) dollars due by note & account, C. L. Bennett in the sum of about one hundred and twenty five (125) dollars, James A. Andrews about fifty (50) dollars, Irby Morgan & Co. a bill drawn on N. Kirkpatrick & Co. New Orleans and protested for non exceptance and non payment damages three per cent the bill was drawn for five hundred & thirty two dollars & 31 cents (532.31) endorsed by John Yates & B. S. Martin now amounting to five hundred & sixty dollars and 93 cents, due the said firm of Irby Morgan & Co. to Moore & Ellis in judgments for about twelve hundred (1200) dollars stayed by J. W. Rankins and others, B. S. Martin in the sum of twenty five hundred (2500) dollars, also to Moore & Ellis in the further sum of six hundred (600) dollars by note, A. J. Duncan by judgment stayed by John Carey before John Badget Esquire, James Scott in a note for four hundred and seventy five (475) dollars, Charles Malone in the sum of two hundred and seventy five (275) dollars now in judgment before John Badget (JP), William Bush by judgment before John Badge (JP) in the sum of about five hundred (500) dollars, David Chenalt by judgment before John Badget Esquire, in the sum of about five hundred (500) dollars both of which last mentioned debts stayed by W. P. & D. J. Anthony, Jerry Beloat by judgment before John Badget Esquire in the sum of one hundred and twenty (120) dollars about Hilton by judgment in the amount of about two hundred & seventy five (275) dollars, Daniel Padgett by judgment in the sum of about sixty five (65) dollars before Esquire Badget, J. L. Swaney in judgment before esquire Badget in the sum of about five hundred (500) dollars Robt. Scott in three judgments before Esquire Badget amounting in all to about one thousand & forty (1040) dollars, Berry & Demoville in judgment before Thos. Stalker JP stayed by C. L. Bennett for about one hundred (100) dollars, Cook Bailey & Co. in judgment before John Badget Esquire stayed by James Martin in the sum of two hundred & seventy five (275) dollars, John Watson in a judgment before Badget JP in the sum of about seventy five (75) dollars, E. Lewis by note for about five hundred & fifty (550) dollars, H. S. French in a bill drawn on N. Orleans for about six hundred (600) dollars, J. R. Carey by note in the sum of sixty five (65) dollars, Samuel Vanlus by account in the sum of about fifty (50) dollars, Andy Ferguson in the sum of about two hundred (200) dollars. And am desirous to secure and make certain the payment of the same. Now if I should pay the said debts on or before the 1st day of December 1861, then this deed to be void. But if I should not then the said Bennett as Trustee has the power and authority to advertise the said land

(Page 90)

and expose the same to public sale & make the purchase a Deed to the same the sale of said land to be on a credit of one & two years, So Trustee has the further power to sell the said negroes privately selecting them good homes for cash but if in his judgment it will be the best to sell to the highest bidder then he is to give twenty days notice in three public places in the county also in a newspaper published in the county and sell said slaves. He has by these presents the power to sell any of said negroes before the 1st of December 1861 by my consent and to sell the other property mentioned in this deed to the highest bidder or privately by giving notice as before stated. The said Trustee Bennett has full power & authority to make a title & Bills of sale of any of the property above mentioned that he may sell & appropriate the proceeds of the sale of all the said property 1st to the persons in the order in which they are mentioned in this Deed after paying expenses & costs and lastly to pay the balance if any over to me. This Decr. 7th 1860. Witness my hand & seal. J. W. Anthony

State of Tennessee Sumner County - Personally appeared before me John L. Bugg, Clerk of the County Court of said county, J. W. Anthony the bargainor with whom I am personally acquainted and who acknowledged that he executed the foregoing Deed of Trust for the purposes therein contained. Witness my hand at office this 7th day of December 1860. John L. Bugg, Clerk

Rec'd. for registration at 8 O'clock PM 7th December 1860. Thos. Donoho, Dep. Reg.

Registered and examined this 13th day of December AD 1860. R. D. Moore, Regr. S. Cty. by Thos. Donoho, Dep. Regr.

 

Cotton, John To Cullen Edwards - Deed of Trust

For and in consideration of the sum of five dollars & the other consideration herein after named, I have this day bargained aliened & conveyed & do hereby sell transfer & convey unto Cullen Edwards his heirs, my tract of land on which I now live situated in Sumner County, Tennessee on the waters of West Station Camp Creek containing about one hundred & fifty five acres more or less & bounded on the North by Cunningham on the East by Cunningham Busby & others on the South by M. J. Hassel & on the West by M. J. Hassel & Polly Loony. To have and to hold the above described land to the said Cullen Edwards his heirs and assigns forever. And I do hereby bind myself my heirs and representatives to warrant and defend the title to said land to the said Cullen Edwards his heirs & forever against the lawful claims of all persons whatever. And I further covenant with the said Cullen Edwards that I am lawfully seized of said land that the same is unincumbered and that I have a good right to convey it. This conveyance is however made in trust for the following uses and purposes and no other that is to say whereas heretofore I was by the County Court of Sumner County appointed Guardian of H. E. Sutton, W. N. Sutton, and C. M. Sutton and as such Guardian executed my bond upon which bond L. B. Edwards, T. H. Bell, Lam Lawrence and John H. Duncan were my securities & where as there is now in my hands as Guardian aforesaid some three thousand dollars and being desirous to secure and save harmless my aforesaid securities, now in case I should well and truly pay off and discharge whatever amount I may be indebted to my said wards aforesaid as I shall be required to do then this conveyance to be void but if any or all of my securities aforesaid shall be called upon to pay off and discharge any of my aforesaid liability then and in that event my said Trustee aforesaid is authorized and empowered to sell all or a sufficient of the aforesaid land as may be necessary to save the said securities harmless and for that purpose he is authorized to sell the same either privately or at public sale


CWP, Misc. Deed Book, Page Index  

Genealogist's Companion to Research in Sumner County, Tennessee