Indenture between James Stone & Dye & Wall 28 Apr 1842 Elbert Co, GA

Superior  Court Elbert County Deeds Book BB 1852-1857
James A. Stone to Dye & Wall  Mortgage

State of Georgia, Elbert County
This Indenture made this twenty eighth day of April In the year of 
our Lord one thousand eight hundred and Forty two between James A. Stone 
of the County & state aforesaid of the one part and Dye & Wall of the 
same place Witnesseth that the said James A. Stone hath this day made 
and delivered to the said Dye & Wall his certain promissory note 
subscribed with his hand and bearing even date with these presents. 
Whereby the said James A. Stone hath promised to pay the said Dye & Wall 
or bearer four hundred & twenty two Dollars thirty five cents on or 
before the twenty eighth day of December meaning the date hereof
for value received. Now for and in consideration of the sum of four 
hundred and twenty two dollars and thirty five cents by the said Dye & 
Wall to the said James A. Stone in hand paid the receipt whereof is 
hereby acknowledged as well as for the better securing the payment of 
the aforesaid promissory note.. the said James A. Stone hath granted 
bargained and sold and doth by these presents grand bargain and sell 
unto the said Dye & Wall their heirs and assigns The following property 
(to wit) one negro boy named Oliver about eighteen years of age to have 
and to hold said Negro boy to said Dye & Wall their heirs and assigns 
to his and their own proper use Benefit and behoof forever. And the said 
James A. Stone for himself his heirs Executors and Administrators the 
bargained negro boy unto the said Dye & Wall will warrant and forever 
defend against the claims of himself and his heirs And against the
claim of all other persons whatsoever provided nevertheless that If the
said James A. Stone his heirs Executors and Administrators shall and do
well and truly pay or cause to be paid unto the said Dye & Wall their 
heirs and assigns the afore mentioned sum of Four hundred and twenty 
two dollars and thirty five cents on the day mentioned and appointed 
for the payment thereof in the said promissory note mentioned with 
lawful Interest for the same according the tenor of said note, then 
and from  thence forth as well this present Indenture and the right of 
the property thereby conveyed as the said promissory note
shall cease determined and void to all intents and purposes
In Testimony whereof the said James A. Stone hath hereunto set his hand 
and seal..

James A. Stone.[seal]

Signed sealed and delivered in presence of ....(Codicil) these words
interlined, And thirty five cents, was interlined before signed.

Test Willis (his x mark) Wall
Wm A. Stone

Recorded full Satisfaction  ______ this Mortgage 2nd May 1843

Dye & Wall

Georgia, Elbert County: 
Before me Zachariah Smith a Justice of the peace came personally Willis 
Wall who after being duly sworn saith that he saw James A. Stone sign 
seal & deliver the annexed mortgage Deed for the purpose therein 
mentioned that he also saw William A. Stone subscribe his name to the 
same as a witness & that the deponent done likewise by making his mark 
sworn to & subscribed before me this twenty Eighty day of December 1842.

Willis (his x mark) Wall
Z. Smith J.P

Georgia, Elbert County: 
Before me Robert Hester a Justice of the Inferior Court of said County
personally came & applied Robert MCMillan attorney at law for George W. 
Dye & Bud C. Wall partners using the name & style Dye & Wall and after 
being sworn in due form of law saith that there is due on the annexed 
mortgage Deed & note upon which it is predicated the sum of Four hundred 
and twenty two Dollars and thirty five cents principal Debt Sworn & 
subscribed before me this twenty ninth day of December 1842

Robert Hester  JJC

Robert McMillan, Attorney at Law for Dye & Wall

The Clerk of the Inferior Court of the county of Elbert will Issue 
execution in terms of the Law
December 29th 1842....

Robert Hester JIC

$422.35 on or before twenty Eighth day of December next I promise to 
pay Dye & Hall or bearer Four hundred and twenty two Dollars for value 
Recd as witness my hand & seal ...this 28th April 1842
James A. Stone ...seal

Recd on the within note one hundred dollars this 3 Jany 1843
Recd on the within note fifty dollars 20th Jany 1843
Recd in part of this note sixty dollars 14th Feby 1843
Recd in part of this note sixty dollars this 12th March 1843
Recd in part of this note fifty dollars this 4th April 1843
Recd one hundred and eight dollars and forty four cents in full 
for the within
note May 14th 1843

Recorded this 24th October 1852

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