Indenture bet Thomas Oglesby & Garrett Oglesby 26 Feb 1840 Wilkes Co, GA WILKES COUNTY, GEORGIA, DEED BOOK OOO, p. 68 This indenture made this 26th day of February in the year eighteen hundred and forty between Thomas I. Oglesby of the one part and Garrett Oglesby of the other part both of the said County and State. Witnesseth that whereas the said Thomas I. Oglesby and Garrett Oglesby did make and execute on the sixth day of May in the year eighteen hundred and thirty-seven their certain promissory note whereby one day after date thereon they or either of them promised to pay John Jordan or bearer twenty-four dollars for value received. And, whereas also the ninth day of April in the year eighteen hundred and thirty-eight they, the said Thomas I. Oglesby and Garrett Oglesby, made delivered to the said John Jordan their certain other note in writing whereby they or either of them promised to pay the said Jordan or bearer the sum of forty dollars for values received. And, whereas also the said Thomas I. and Garrett on the 24th day of December in the year eighteen hundred and thirty-eight made their certain other note in writing whereby on or before the twenty-fifth day of December, eighteen hundred and thirty- nine they or either of them promised to pay Cinthy Lane and Thomas L. Psalmonds, administrators of Asher Lane, deceased, or bearer the sum of one hundred and thirty-nine dollars for values received with interest from date if not punctually paid. And, whereas also the said Thomas I. and Garrett together with one William Hudspeth, did on the eighth day of November, 1838, make their certain other note in writing whereby twelve months after date they or either of them promised to pay Thomas Wooten and Henry P. Wooten, administrators of Thomas L. Wooten, deceased, or bearer the sum of eighty dollars eighty-one cents and 1/4 of a cent to bear interest from date if not punctually paid. And, whereas also on the 25th day of December, 1838, the said Thomas I. and Garrett made certain other note in writing whereby on or before the 25th of December next they or either of them promised to pay Mary Wright one hundred dollars for the hire of a negro man by the name of Phillip for twelve months together with clothes, shoes, etc., for said negro. And, whereas also the said Thomas I. and Garrett Oglesby on the sixth day of February, 1840, made and delivered to William McGregor their certain note in writing whereby one day after the date of said note they or either of them promised to pay said McGregor or bearer forty-eight dollars for value received. And, whereas the said Garrett Oglesby, who has signed said notes, is only the security on the same for the said Thomas I., they being the debts of said Thomas I., now, for and in consideration of the premises and the sum of five dollars to me in hand paid by the said Garrett Oglesby, I, the said Thomas I. Oglesby, for the purposes of securing said Garrett on account of his said securityship, have bargained, sold and, by these presents, doth grant, bargain, sell and convey unto the said Garrett Oglesby, his heirs and assigns, all that tract or parcel of land situated, lying and being in said State and County on the waters of Broad River containing one hundred and sixty-three acres, with the exception of the meetinghouse lot and half and acre graveyard having such shape, marks, etc., as will appear on reference to a deed for the same from John Landrum to said Thomas I. Oglesby date 8 November, 1839, together with all and singular the rights, members and appurtenances to the same belonging or appertaining, to have and to hold the same (to the same) to the said Garrett Oglesby, his heirs and assigns forever. And I, the said Thomas I. Oglesby, the tract or land and premises aforesaid will warrant and forever defend unto the said Garrett Oglesby, his heirs and assigns, against the claim of myself, my heirs and assigns, and against the claim of all persons whatsoever. Provided never the less and these presents are upon this condition that if the said Thomas I. Oglesby shall and does well and truly and at all time hereafter save, indemnify and keep harmless the said Garrett Oglesby from the payment of said several notes on which he is security for the said Thomas I. as aforesaid and from all interest, cost and expenses on account of or accruing on said notes then this indenture of mortgage to be void otherwise to be and remain in full force and virtue and the said Garrett Oglesby to take and use such means either at law or equity as may be necessary for his indemnification in the premises. In witness whereof, the said Thomas I. Oglesby has hereunto set his hand and seal this day and year first in this indenture written. Signed, sealed & delivered T. I. Oglesby Seal in presence of: John H. Dyson S. H. Oglesby James Arnold Recorded 28th February, 1840. ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. This file was contributed for use in the USGenWeb Archives by: Victor T Oglesby voglesby@concentric.net ====================================================================