Ray County MO Archives Deed.....Cruse, Henry - Black, James W. May 16, 1871 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/mo/mofiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ronald J. Reid rreid21@cox.net July 22, 2007, 12:47 pm E1/2 of NW1/4, SEC 9 and NW1/4 of SE1/4, SEC 10, in TWP 53, R29 Written: May 16, 1871 Recorded: May 16, 1871 HENRY CRUSE MORTGAGE (Trust Deed) May 16, 1871 LDS 0959283 Deed records of Ray County, Volume 4, page 201. Transcribed by Ronald J. Reid, 2006 This Deed, made and entered into this 16 day of May eighteen hundred and seventy one by and between Henry Cruse and Martha AE Cruse his wife of the County of Ray State of Missouri parties of the first part and James W. Black of the County of Ray and State of Missouri party of the second part, and Lewis C Griffin of the County of Ray State of Missouri party of the third part. Witnesseth, That said parties of the first part, in consideration of the debt and trust hereinafter mentioned and created and of the sum of one Dollar to them paid by the said party of the Second Part, the receipt of which is hereby acknowledged, do by these presents Give, Grant, Bargain and Sell, Convey and Confirm unto said party of the Second part, the following described Real Estate, situate, lying and being in the County Ray and State of Missouri, to wit: The East half of the North west Quarter of Section Nine (9) also twenty acres off of the North part of the North west quarter of the South East quarter of section ten (10) all in Township fifty three (53) and Range Twenty Nine (29) containing one hundred (100) acres more or less according to the original survey. To Have and to Hold the Same, with the appurtenances, to the party of the Second Part, and to his successor or successors in this trust, and to him and his grantees and assigns, forever. In Trust, However, for the following purposes: WHEREAS, Henry Cruse one of the said parties of the First Part, have this day made, executed and delivered to the said party of the Third Part, his Promissory Note, of even date herewith, by which his promise to pay to the said Lewis C Griffin or order, for value received, One Thousand Dollars. Due and payable on the first of April AD 1873 and bearing interest from date at the rate of ten per Cent per annum. Now Therefore, if the said party of the First Part, or any one for him, shall well and truly pay off and discharge the debt and interest expressed in the said Note, and every part thereof, when the same become due and payable according to the true tenor, date and effect of said Note the this Deed shall be void, and the property hereinbefore conveyed shall be released at the cost of the said party of the First Part; but should the said First Party fail or refuse to pay the said debt, or the said interest or any part thereof when the same or any part thereof shall become due and payable according to the true tenor date and effect of said Note then the whole shall become true and payable and this Deed shall remain in force, and the said party of the Second Part, or in case of his absence, death, refusal to act, or disability in any wise, the then acting Sheriff of Ray County, Missouri at the request of the legal holder of the said Note may proceed to sell the property hereinbefore described, or any part thereof, at public vendue to the highest bidder, at the Court House door in the City of Richmond Ray County, Missouri, for cash first giving twenty days public notice of the time, terms and place of sale, and of the property to be sold, by advertisement in some newspaper printed and published in the County of Ray aforesaid, and upon such sale, shall execute and deliver a Deed in fee simple of the property sold the purchaser or purchasers thereof, and receive the proceeds of said sale: and any statement of facts or recital by the said Trustee, in relation to the non-payment of the money secured to be paid, the advertisement, sale, receipt of the money, and the execution of the Deed to the purchaser, shall be received as prima facie evidence of such fact, and such Trustee shall, out of the proceeds of such sale, pay, first, the cost and expenses of executing this Trust, including legal compensation to the Trustee for his services; and next, he shall apply the proceeds remaining over to the payment of said debt and interest, or so much thereof as remains unpaid; and the remainder, if any, shall be paid to the said party of the First Part, or his legal representatives. And the said party of the Second Part covenant faithfully to perform and fulfill the trust herein created, not being liable or responsible for any mischance occasioned by others. In Witness Whereof, the said parties have hereunto set their hands and seals the day and year first above written. Henry Cruse Martha AE Cruse STATE OF MISSOURI Be it remembered that on this 16 day of May County of Ray A.D. 1871, before the undersigned a Notary Public within and for the County of Ray and State of Missouri, personally came Henry Cruse and Martha AE Cruse his wife, who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument of writing, as parties thereto, and acknowledged that they executed the same for the uses and purposes therein mentioned. And the said Martha AE Cruse being by me first examined separate and apart from her husband and made fully acquainted with the contents of said instrument, acknowledged that she executed the same, and relinquishes her dower in the Real Estate therein mentioned, freely and without fear, compulsion or undue influence of her said husband. In Testimony Whereof, I have hereto set my hand and affixed my official seal at my office in Richmond Ray Co Mo the day and year first above written, Joseph E. Black Notary Public. The foregoing Deed was filed for record in this office on the 16 day of May 1871 Written in the right margin: Satisfaction in full of the indebtedness mentioned in the within Deed of Trust is by the undersigned duly acknowledged and the lien thereof is accordingly released this 20 March 1873. Attest Jame T Harris Rc. Lewis C. Griffin Additional Comments: Transcribers Notes: Henry and Martha’s land was located about 13 miles straight north of the homes of his brothers Samuel and Absolom in Polk Township of Ray County just north of the town of Vibbard. In 1870 census Henry and Martha Cruse were living in Vernon Co., MO. So it is possible that they purchased this land and move to Ray county shortly after the 1870 census. Lewis C. Griffin was a 36 year old farmer who lived in Polk township with his wife Sarah and 4 children and evidently had money to loan. James W. Black was a 45 year old, single, and wealthy lawyer living in Richmond, MO. File at: http://files.usgwarchives.net/mo/ray/deeds/black50gdd.txt This file has been created by a form at http://www.genrecords.org/mofiles/ File size: 7.2 Kb