Montgomery County, NC - John F. Bird to John Robinson, 1842

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John F. Bird to John Robinson

This indenture made the 4th day of July 1842 between John F. Bird of 
the County of Montgomery & State of North Carolina of the first part, 
John Robinson of the County and State aforesaid of the second part and 
Thomas H. Tomlinson of the County of Stanly and State aforesaid of the 
third part. Witnesseth that whereas the sd John F. Bird is justly 
indebted to the sd Thomas H. Tomlinson in the sum of fifty four dollars 
due by account with interest from the 1st day of January 1842 and 
whereas the sd John F. Bird is honestly desirous of securing the 
payment of the sd debt now therefore this indenture witnesseth that for 
& in consideration of the premises together with the further 
consideration of the sum of one dollar to the sd John F. Bird is paid 
by the sd John Robinson the rest whereof is hereby acknowledged in 
full.  He the sd John F. Bird hath bargained sold & conveyed & by these 
presents do bargain sell and convey to the sd John Robinson a certain 
Iron Grey Mare about four years of age, to have and to hold this sd 
mare to him the sd John Robinson & his heirs, execs. & admins. forever 
and discharged from any and all incumberances whatsoever. In special 
trust & confidence witnesseth that the sd John Robinson shall and will 
hold, keep, use and apply the same to the uses and intents following 
and no other. viz to say if the aforesaid debts and any part thereof 
together with the lawful interest that may have accrued on the same 
shall not be paid off & satisfied on or before the first day of 
September 1842 then & in that case it shall and may be lawful & shall 
be the duty of the said John Robinson being thereunto required by the 
sd Thomas H. Tomlinson having first duly advertised the same at the 
Courthouse in Lawrenceville & thru other public places in the County 
for the space of twenty days to proceed to sell the sd mare at public 
auction to the highest bidder for ready money & convey the same by 
proper means to the purchaser & out of the proceeds or monies arising 
from sd sale to retain all the necessary expenses of this trust & then 
pay off & discharge the sd debt & interest or such part therefore as 
shall remain unpaid at the time of sd sale and the surplus if any he 
shall truely & faithfully return to the sd John F. Bird, his exes & 
admins. In Testimony whereof the sd John F. Bird hath hereunto set his 
hand & seal the date above written signed sealed & delivered in the 
presence of Daniel Freeman.
Montgomery County Court.
 
                                     John F. Bird (seal)
                                     July Session 1842
 
This Deed in Trust was proven in open court by the oath of Daniel 
Freeman and ordered to be registered.
D.R. Cochran clk
July 22nd 1842
 
This Deed in Trust came to hand for registration.
Registered 1st August 1842 
James M. Lilly Reg.

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This file was contributed for use in the USGenWeb Archives by
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