Ray County MO Archives Deed.....Pigg, Reuben - Cruse, Samuel S. September 27, 1869 ************************************************ 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, 1:30 pm SE1/4 of NE1/4, SEC 18, TWP51, R29 Written: September 27, 1869 Recorded: October 27, 1869 SAMUEL S. CRUSE LAND MORTGAGE (Trust Deed) September 27, 1869 LDS 0959283 Deed records of Ray County, Volume 4, page 84. Transcribed by Ronald J. Reid, 2006 This Deed, made and entered into this Twenty Seventh day of September eighteen hundred and sixty-nine by and between Samuel S Cruse and Jane Cruse wife of the said Samuel S. Cruse of the County of Ray State of Missouri party of the first part and William A. Donaldson of the County of Ray and State of Missouri of the second part, and Reuben Pigg 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 South East Quarter of the North East Quarter of Section Eighteen In Township Number fifty one of Range Number Twenty Nine. 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, The Said Samuel S 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 Reuben Pigg or order, for value received, the sum of Five hundred five – 75 Dollars. Two years from the date hereof of which the following is a true copy to wit: 505.75 Two years after date I promise to pay Reuben Pigg on Order Five hundred and five & 75/100 Dollars with Interest from Date at the rate of Ten per Cent per annum the Interest to be paid annually, & if not paid annually to become as part of the principal and bears the same rate of Interest. Sept 27 A.D. 1869 Signed Samuel S Cruse 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. Samuel S. Cruse Jane Cruse William A. Donaldson STATE OF MISSOURI Be it remembered that on this 28 day of September County of Ray A.D. 1869, before the undersigned a Justice of the Peace within and for the County of Ray and State of Missouri, personally came Samuel S. Cruse and Jane 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 Jane 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 the day and year first above written, John Bogart J.P. The foregoing Deed was filed for record in this office on the 27 day of October 1869 Written in the left margin: Satisfaction in full of this Deed of Trust is now being acknowledged by Wm A. Donaldson Trustee and Reubin Pigg and the lien against the Real Estate therein mentioned is accordingly released. Given under our hands and seals this 30th October 1871, Reubin Pigg Attest J T Hams Rc. by R A Ro?? Dep. Additional Comments: Transcribers Notes: In the 1870 census Samuel Cruse lived in dwelling 94 directly across the road from his brother Absolom who lived in dwelling 106 and Reubin Pigg lived in dwelling 109. William Donaldson, the trustee, was a lawyer in the city of Richmond. File at: http://files.usgwarchives.net/mo/ray/deeds/cruse57gdd.txt This file has been created by a form at http://www.genrecords.org/mofiles/ File size: 7.0 Kb