.MzQwMTA.MTE0MzY1

From Transcribe Wiki
Revision as of 10:27, 5 October 2020 by Vward (Talk | contribs)

(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to: navigation, search

THIS INDENTURE, made and entered into this 5th day of June in the Year 1834 between Thomas Smith of the county of Campbell of the first part, Merit Talbot of the second part, and Elijah Fletcher & Benjamin Hunt of the third part. Witnesseth, that whereas the said Thos. Smith stands justly indebted to the said [illegible] Fletcher & Hunt in the sum of one hundred dollars due by bonds bearing date even herewith, and payable agreeable to bonds the payment whereof the said Thos. Smith is honestly desirous to secure; in consideration whereof, and for the further consideration of the sum of one dollar to said Smith in hand paid, by the said Merit Talbot at and before the ensealing and delivery of these presents, the receipt whereof is hereby fully acknowledged, he, the said Thos. Smith hath bargained, sold, and delivered, and doth by these presents, grant, bargain and sell, alien, enfeoff and confirm unto the said Merit Talbot his heirs, executors, administrators or assigns for ever, the following personal estate, to wit: 1 bay horse, 1 small black & white cow, 3 pigs, one pott one oven, one tea kettle, one frying pan, one stem pan, an old negroe woman named Tamer, one pair Andirons, shovel & tongs, one pole [arce?], 1 pair [illegible] hooks, 1 plough, set plough [illegible], two killing hoes, two washing tubs, 1 water can, 1 piggin, two tin pans, one table, seven chairs, two jugs, 3 black bottles, 6 dishes one dozen plats, one dozen cups & saucers, 6 tumblers, one sugar dish, 1 cream pott, two pitchers, two bowls, two salt sellers, 3 straw beds & furniture, one tea pott, two small boxes, 1 trunk, one tea canister 1 pepper bone, one bread tray & 1 set Knives & forks to the said Merit Talbot his heirs, executors, administrators or assigns, and the said Thos. Smith doth for himself, his heirs, executors and administrators, covenant and agree to, and with the said Merit Talbot his heirs, executors and administrators, that he will forever warrant and defend a good and lawful right, title and interest in, and to the hereby conveyed personal estate, free from the claim of himself, his heirs, etc. and from the claim of all and every person or persons whatever, either at law or in equity. But upon this special trust and confidence, nevertheless, that it shall be lawful for the said Thos. Smith to remain in the peaceable and uninterrupted possession of the hereby conveyed personal estate, until the happening of the default hereinafter mentioned. But in case the said Thos. Smith his heirs, executors and administrators shall make default, and fail to pay the debt hereby secured, or intended to be secured, or any part thereof, on or before the 1st day of March 1835 next, with its lawful interest, then and in that case it shall and will be lawful for the said Merit Talbot, his heirs etc upon request of the said Fletcher & Hunt or Thos. Smith's assigns, to expose to sale, at public auction, to the highest bidder, for cash, the hereby conveyed personal estate, having previously advertised the time and place of such sale at least ten days, in some newspaper printed in the town of Lynchburg and out of the proceeds of sale, in the first place pay and satisfy the costs and charges attending the execution of this instrument ; and then pay said debtor such part thereof as shall remain due and unpaid, with its accrueing interest, and the surplus, if any, to the said Thos. Smith his executors or administrators, or such other person as shall be lawfully authorized to receive the same. In witness whereof, the parties have hereunto set their hands and affixed their seals, the day and year first above written. Tho. Smith L.S. Merit Talbot L.S. L.S. L.S. signed sealed and delivered in the presence of D. R. Edley James [illegible] Mills [illegible] G. Smith do B. B. Abott