Deed between |
J.T. PAYNE - HENDERSON CLARK Deed 1878
For and in consideration of the sum of Five Dollars to us in hand paid by HENDERSON
CLARK and the other consideration herein after mentioned we, NANCY J. PAINE.
M.J. PAINE. J.T. PAYNE, D.A. GARDNER, J.A. GARDNER his wife, S.C. PAYNE,
G.W. PAYNE have this day bargained and sold and do hereby bargain sell transfer
and convey unto the said HENDERSON CLARK all our right title, claim and interest
in and to the following described tract of land lying and situate in the 6th Civil District
of Dyer County Tennessee bounded and described as follows to wit: Beginning on a
Legnor (?) and hornbeam----(?) thence west one hundred and sixty two and 1/10 poles
to a white oak & hickory on B. McCULLOUGH's line, thence north with
McCULLOUGH's line 165 2/10 poles to a red oak , thence east 90 poles to a stake
and elm pointers thence south to 50 poles to an elm , thence east 56 1/10 poles to an
ash and white oak , thence south 114 1/10 poles to the beginning containing by
estimation 142 acres more or less: being same land decreed to me by the Chancery
Court of Dyer County Tennessee at it's August Term 1875 in suit of NANCY J.
PAYNE vs. JAMES W. PAYNE etal. To have and to hold the same to the said H.
CLARK his heirs and assigns forever. We convenant to & with said H. CLARK
that we are lawfully signed and possessed of said land and have a good right to convey
the same and bind ourselves our heirs & legal representatives to warrant and defend
the title of the same against the lawful claims and demands of all persons whom
so ever . But this is a Deed of Trust Conveyance and made for the following and no other
purposes that is to say that we have this day borrowed from HENDERSON
CLARK, the sum of Four Hundred and Thirty One Dollars and Sixty Five Cents and
e----(?) to him our note due the 25 day of December 1878, drawing six percent interest
from date and we desire to make and certain the payment thereof . Now if we shall
pay off such note and interest and all costs incident hereto by or before 25th day of
December 1878, then said HENDERSON as trustee shall proceed to sell said land
to the highest and best bidder for cash at the Court House Door in Dyersburg,
Tennessee, after first giving twenty days notice of the time and place of sale by
written or printed notices and apply to proceeds of same to the payment of said note,
interest and costs, and balance to us or our order. In case of a sale under this Deed we
hereby expressly waive the right of redemption or refranchase and authorize our said
trustee H. CLARK to extend the purchaser an absolute Deed therefore for our interest
in said land. The trustee need not give bond or make affidavit to extend this Deed of
Trust. Witness our hands this 8th day of February 1878 .
Witness: PETER J. SUMMERS
NANCY J. PAYNE
SARAH C. (E?) PAYNE
Note : Not sure if this is my Payne line or not. I have no further information
about these individuals at this time. Hope it helps someone !
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