Dekalb County AlArchives Court.....Kelly, Lewis January 23, 1839
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File contributed for use in USGenWeb Archives by:
Charles Kevin Driskill ckdriskill@tds.net March 19, 2005, 12:02 am

Source: Dekalb County Deed Book A
Written: January 23, 1839

Indenture between Lewis Kelly, W.L. Driskill, and D & J Clayton Creditors
23 January 1839

This indenture made and entered into this twenty third day of the year of our 
Lord eighteen hundred and thirty nine between Lewis Kelly of the County of 
DeKalb and the State of Alabama of the one part and W.L. Driskill of the said 
county and state trustee of the second part and D & J Clayton creditors of the 
said Lewis Kelly of the third part. Witnesseth that the said Lewis Kelly for 
and in consideration of the sum of one dollar to him in hand paid by the said 
W.L. Driskill trustee as aforesaid the receipt to thereof is hereby 
acknowledged hath this day bargained sold delivered conveyed and confirmed 
unto the said W.L. Driskill trustee as aforesaid the following property to 
wit -
One sow and five pigs, one cow, all household and kitchen furniture and all 
personal property which the said Lewis Kelly is now in anywise possessed to 
have and to hold unto the said W.L. Driskill trustee as aforesaid of the D & J 
Clayton in for simple forever, now know ye that whereas the said Lewis Kelly 
is justly indebted to the said D & J Clayton by note and open account in the 
sum of two hundred and twenty two dollars and being willing to secure said 
debts and interest. Now if the said Lewis Kelly shall will and trustfully pay 
off and discharge the said sum of two hundred and twenty two dollars and 
interest on or before the twenty fifth day of February next 1839 then this 
indenture to be void of no effect otherwise the said W.L. Driskill trustee of 
aforesaid shall on the expiration of said term proceed to advertise and sell 
at the courthouse doors the said personal estate by first giving twenty days 
notice by advertisement at the said courthouse and two other public places in 
said county whenever the said trustee shall be required to do so by the said D 
& J Clayton of the third part and upon the sale so aforesaid being made after 
paying off the said debts and interest and costs the balance shall be paid 
over to the said Lewis Kelly.

In testimony whereof the several parties hereunto concerned hath subscribed 
their names and affixed their seals the day and date first above written.

Signed and acknowledged in the presence of:
James Lowry
Marvin Mitchell
Lewis Kelly (his mark)
W.L. Driskill (seal)
D&J Clayton (seal)


Additional Comments:
W.L. Driskill, D. & J. Clayton Creditors. I am fairly certain the W.L. 
Driskill is Warner Lewis Driskill (1816-1907), son of William E. and Elizabeth 
Metclaf Driskill. The D. & J. Clayton may, in fact, be a person instead of 
persons. The handwriting of the clerk was very difficult to read. After 
comparing to a couple of other documents with the D. & J. Clayton listed, I 
still could not decide if I was reading it right or not.

File at: http://files.usgwarchives.net/al/dekalb/court/kelly66gwl.txt

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