CARROLL COUNTY, TN - DEEDS - McDonald to Sparks 1914 ==================================================================== 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. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb by Jenny Penick Garner ===================================================================== Deed of Trust Date: 22 Feb 1914 Know all Men by these Presents: That we W.B. McDonald and wife Jenny Penick Garner McDonald of the County of Carroll State of Tennessee, have this day bargained and sold and do hereby transfer and convey unto Elmer Sparks "Trustee" of said county and State, for the sum of one dollar to us in hand paid, and the other consideration hereinafter mentioned, the following described property to wit: a certain tract of land situated in the 3rd civil district of Carroll County Tennessee and bounded as follows: to wit on the north by the Lands of J.N. McDonald on the east by the Lands known as the Jim Fuqua lands on the south by the Lands of Frank Griffin on the West by the Lands Known as the Dr. Fowler Lands contains by estimation about 100 acres more or less. To have and to hold the same to the said Elmer sparks "Trustee", his heirs and assigns forever. We do covenant that we are lawfully seized and possessed of said property, and have a good right to convey it, and the same is unincumbered we do further covenant and bind ourselves, our heirs and representatives, to warrant and forever defend the title to said property, and every part thereof to the said Elmer Sparks "Trustee", his heirs and assigns, against the lawful claims of all persons whomsoever. But this deed is made for the following purpose and no other: That is to say: we are indebted to B. C. Lundy by our note of this date in the sum of Three hundred and Seventy Eight ($378.00) Dollars. ? account payable on the 22nd day of February 1914. And are desirous to secure and make certain the payment of the same. Now if we should pay the said debt on or before the 22nd day of February 1914, then this deed of conveyance is to be null and void; but if we should not, then the said Elmer Sparks "Trustee" shall take possession of the said tract of Land and after advertising the same for 30 days by posters in 3 or more public places shall expose the said property to public sale at any point designated by the trustee and sell to the highest bidder for cash without the equity of redemption on the rights etc ? ? And appropriate the proceeds: first, to the payment of all necessary expenses and cost; secondly, to the satisfaction of said debt and interest thereon, and lastly, pay the balance, if any there be, to us. In testimony whereof we have hereunto set our hands this the 22nd day of February, 1914. /s/ W. B. McDonald (Seal) /s/ Jenny Penick Garner McDonald (Seal) State of Tennessee, Carroll County, Personally appeared before me, W. H. Gallaway, a Notary Public in and for said State and County, W. B. McDonald the within named bargainor, with whom I am personally acquainted and who acknowledged that he executed the within instrument for the purposes therein contained; and Jenny Penick Garner McDonald wife of the said W. B. McDonald having appeared before me, privately and apart from her husband, the said Jenny Penick Garner McDonald, acknowledged the execution of the said deed to have been done by her freely, voluntarily and understandingly, without compulsion or constraint from her said husband, and for the purposes therein expressed. Witness, W. H. Gallaway, Notary Public in and for said State and County, at office, this the 22nd day of February 1913. W. H. Gallaway, Notary Public Page 3 State of Tennessee, Carroll County I, W. R. Montgomery, Register of said County, do hereby certify that the foregoing Trust Deed, together with the Certificate of Probate, was received in my office for registration at 9:30 o'clock A.M. the 26th day of February 1913, and was duly noted in Note Book 10, Page 150, and recorded in T.D. Book No. 12, Page 194. Witness my hand, at office in Huntingdon, this the 27th day of Feb, 1913. W. R. Montgomery, Register. Front Cover: W. B. McDonald To Trust Deed Elmer Sparks, "Trustee" B. C. Lundy, Beneficiary