Scott County MsArchives Deed.....Eastland, Alfred - Union Bank, Mississippi April 15 1839 ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/ms/msfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ronald J. Reid rreid21@cox.net June 11, 2004, 8:28 pm E1/2 NE1/2 Sect 10, & E1/2 SE1/4, Sect 12, T7 R7E Written: April 15 1839 Recorded: April 22 1839 A. Eastland State of Mississippi To Mortgage Scott County Miss. Union Bank Whereas Alfred Eastland a citizen of said State residing in the County aforesaid (being an owner of real estate situated in the State of Mississippi), on the 2nd day of August in the year eighteen hundred and Thirty Eight (being within the time prescribed at Hillsboro in the County of Scott subscribed for Twenty Shares of one hundred dollars each amounting to two thousand dollars of the stock of the Mississippi Union Bank created and incorporated by an act of the Legislature of said state approved on the twenty first day of January in the year eighteen hundred and thirty-seven and reapproved on the fifth February 1838 for which said sum of two thousand dollars the said Alfred Eastland hath executed his bond or bill single of even date with these presents payable to the said Mississippi Union Bank and being desirous and disposed according to the provision of the eighth section of said original act of incorporation of said Bank to secure the payment of the said bond for the stock so subscribed as aforesaid; that the payment of the capital and interest of ten millions five hundred thousand dollars of the loan to be obtained by _____ of the bonds of the state issued in conformity with the fifth section of said original act of incorporation at times the said bonds for that sum shall severaly fall due may thereby be assured and to secure the annual payment of four per centum upon the principal and seven per centum interest for the loan he may receive from said Bank as stockholder therein according to the provisions of the thirty-first section of the original act of incorporation at such times and places as the same may be required he the said Alfred Eastland hath offerd (sic) and greed (sic) to convey by deed of Mortgage to the said Mississippi Union Bank the following described property to wit, East half of the North East quarter of Section No. Ten Township No. seven of Range No. seven East containing 81 28/100 acres, also the east half of the south east quarter of section No. twelve same township and Range containing 80 16/100 acres and containing together one hundred and sixty one and ninety four hundredths acres situate and now being in the county of Scott which said property the Board of Directors of the said Mississippi Union Bank have as is hereby acknowledged deemed sufficient and at least for the present equal to the above mentioned numbers of Shares of the stock so subscribed as aforesaid which after the recording of these presents shall belong to the said Alfred Eastland subject however and hereafter if need be to be graduated and reduced or finally rejected according to the principle embodied in the second and twenty first Sections of the said original act of incorporation and as modified and varied by the eighth section of the act supplemental thereto approved the fifteenth day of February 1838. Wherefore the said Alfred Eastland doth acknowledge himself debtor to the Mississippi Union Bank in the said sum of two thousand dollars being the amount of the shares of the stock of said Bank so subscribed as aforesaid of which he is to be holder by virtue of these presents the payment of which in order to secure the payment of the capital and interest of ten millions five hundred thousand dollars of the bonds of the State as aforesaid and of the loan which the said Alfred Eastland shall or may obtain from the said Bank as aforesaid at such times and in such proportions as the said Bank in conformity with said original act of incorporation may require the said Alfred Eastland is specially desirous to secure as aforesaid Therefore this Indenture made and entered this Fifteenth day of April in the year eighteen hundred and thirty nine by and between Alfred Eastland and Eliza W. Eastland his wife citizens of the State of Mississippi and residing in the County of Scott aforesaid of the one part and the Mississippi Union Bank created and incorporated by the Legislature of said State of the other part. Witnesseth that the said Alfred Eastland and Eliza W. Eastland his wife for and in consideration of the premises before recited and of the further consideration of one hundred dollars of them in hand paid and to secure the payments aforesaid do hereby grant bargain sell convey and mortgage and by these presents have granted bargained sold conveyed and mortgaged unto the said Mississippi Union Bank all and singular the above described property. To have and to hold the said above described property unto the said Mississippi Union Bank until the bonds of the State for said sum of ten Millions five hundred thousand dollars issued in conformity with the fifth and thirtieth sections of the said original act of incorporation with the interest thereon, Shall be paid off and redeemed by the said Mississippi Union Bank and until the said Alfred Eastland shall have paid the amount of said bond executed to the said Mississippi Union Bank for the amount of said shares as aforesaid and also until he shall have paid the privileged loan which he may have obtained as stockholder according to the provisions of the thirty-first section of said original act of incorporation unless the said Alfred Eastland do previously transfer said stock and be discharged in the manner and form described by the twenty-ninth section of the original act of incorporation and sixth section of the act supplemental thereto. And upon such payment or transfer and discharge as aforesaid then and thence forth as well this present indenture and the estate hereby granted conveyed and mortgaged as the bond aforesaid shall cease determine and become absolutely null and void anything therein contained to the contrary notwithstanding otherwise to remain in full force and effect in law and equity forever. And the said Mississippi Union Bank doth hereby declare that it accepts the bond of even date herewith and the mortgage hereby executed and entered into in favor of said Bank and doth further declare that upon the recording of these presents and upon the production of a certificate from the Clerk of the Probate court of the County or counties within which the above mentioned property may be situated that the same has been duly recorded and that there is no prior deed of conveyance mortgage or other encumbrance of record thereon and upon the production of a second certificate bearing date at least three months subsequent to the day of the recording of these presents that no other mortgage or encumbrance whatever upon said land was recorded or delivered for record in the Office of such Clerk and that since the date of the act of recording these presents no other mortgage deed of conveyance or encumbrance whatever upon the aforesaid property has been recorded or delivered for record and upon the production of the certificate of the Clerk of the Circuit Court of the county of the residence of the said Alfred Eastland that there is no judgment against him (or if there be any stating the amount ) and that there was none known to him against those under whom he claims at the date of their conveyance to him respectively and upon the production also of the affidavit of the said Mortgagor that there is no judgment against him unsatisfied either upon original suit or by forfeiture of delivery bond or otherwise in any court of the State or of the United States (or if there by any stating it amount) there the said mortgager shall be the lawful owner of Twenty shares (subject to be graduated an reduced or rejected as aforesaid) of the stock of the said Mississippi Union Bank and entitled as such to all the rights facilities advantages and profits to which the stockholders of the said Bank are entitled according to the true intent and meaning of the said original act of incorporation and of the act supplemental thereto as aforesaid. It is also hereby expressly understood and agreed that in case hereafter the rights title or titles, through which the present mortgagor derives the above assessed property should be deemed insufficient on account of some defect therein or if any claim either by judgment or conveyance should be successfully asserted thereto then the present mortgagor shall be bound as he doth hereby bind himself to furnish unencumbered property of sufficient amount and to execute thereon a mortgage to the satisfaction of the Board of Directors of the said Mississippi Union Bank within such reasonable time as the said Board of Directors may prescribe. The said mortgagor also agreeing that if the whole amount of the Bond for the said stock or any part thereof or the whole amount of the loan he may require as stockholder as aforesaid or any part thereof shall not be punctually paid at such times and places as the same may respectively become due and part thereof be required according to the true intent and meaning of the said original act of incorporation and the act supplemental thereto then this present mortgage and the sums of money hereby secured by virtue of the twenty- sixth section of the said original act of incorporation shall bear ten per centum interest per annum after maturity if not ___tually paid and the said Mississippi Union Bank may and shall have the right to cause the said property mortgaged as aforesaid in whose hands soever the same may be found or a sufficient quantity thereof to be seized and sold to obtain the payment of any sum or sums of money which the said mortgagor may owe a stockholder either on said stock or on said privileged loan according to the laws of this State and to the true intent of the said original act of incorporation upon due public notice thereof. It is also further hereby understood and agreed and the said mortgagor doth acknowledge that whenever it shall appear to the satisfaction of the said Directors that the property presently and hereby mortgaged to secure the amount of stock allotted to said Mortgager as aforesaid is not of sufficient value then the said Mississippi Union Bank shall the right to reject the same and in such case may require other security or in default thereof reduce the shares of such defaulter to the amount sufficiently secured In testimony thereof the said Alfred Eastland and Eliza W. Eastland his wife hath hereunto set their hands and seals on this fifteenth day of April in the year of our Lord eighteen hundred and thirty-nine. Alfred Eastland Eliza W. Eastland State of Mississippi Scott County Personally appeared before me James J. Chambers Clerk of the circuit court in and for said county the within or above named Alfred Eastland who acknowledged that he signed sealed and delivered the foregoing deed of mortgage on the day and year therein mentioned as his act and deed Given under my hand and seal of Office this 15th day of April AD 1839. James J. Chambers Clk State of Mississippi Scott County SS I James J Chambers Clerk of the circuit court in and for said county do hereby certify that Mistress Eliza W. Eastland wife of the grantor in the foregoing deed of mortgage whose name is also signed thereto this day personally appeared before me and on a private examination apart from her husband acknowledged that the signed sealed and delivered the same as her voluntary act and deed freely without any fear threats or compulsion of her said husband Given under my hand and seal of office this Fifteenth day of April in the year of our Lord one thousand eight hundred and thirty nine James J. Chambers Clk State of Mississippi Scott County to with – I James J. Chambers Clerk of the Probate Court in and for the county aforesaid de hereby certify that the above and foregoing deed of Mortgage from Alfred Eastland and Eliza W. Eastland his wife to the Mississippi Union Bank was received for record in my office the Fifteenth day of April in the year 1839 and I do further certify that the same was duly recorded in Deed Book A Pages 399-400-1-2-3 & 4, this 22nd day of April 1839 Given under my hand and seal of Office This 22nd day of April 1839 James J. Chambers Clk This file has been created by a form at http://www.genrecords.org/msfiles/ File size: 12.7 Kb