HENRY County TN - WILLS - Raterree Deeds ************************************************************************************* Copyright. All Rights Reserved. http://www.usgwarchives.net/copyright.htm This File Was Contributed For Use In The Usgenweb Archives By: Bill Ratterree ************************************************************************************* Deed books, vol. N, 1857-1860, N-542, Ratterree, James E. - Venable, C. D.; James E. Ratterree Bill of sale conveyed By C. D. Venable on the 11th day of Dec 1858 Record the 26th Jan. 1859 State of Tennessee, Henry County; I have this day sold and do hereby convey to James E. Ratterree his heirs and assigns forever for two Thousand three hundred and 75 cents to me paid for one half of the following Slaves undivided Jack, Hannah, Elick, Wesley, Eliza, Taley, Nancy, John, Peter, and Daniel being the slaves belonging to the said C. D. Venable I Warrant the title to the said slaves to the said James E. Raterree his heirs and assigns against the lawful claims of all persons and I also warrant them to be slaves for life this 11th day of December 1858 C. D. Venable (Seal) Attest J. M. Williams John M Chilcutt State of Tennessee, Henry County; Personally appeared before me James W Ray clerk of the County Court of said County, J. M. Williams and John M Chilcutt subscribing witnesses to the within bill of Sale who being first sworn depose and say that they are personalley acquainted with C. D. Venable the bargain or saw him sign and heard him acknowledge that he executed the said within bill of sale for the purposes there in contained witness my hand at office this the 26th day of January 1859 James W Ray clerk came to hand for registration the 26th jany 1859 By John L Lemmonds __ at 1 o'clock PM ___________________________________________________________________________________________ Deed books, vol. O, 1860-1865, Page 260 Raterree, James E. -Venable, C. D. BS, C. D. Venable To; Bill of Sale Jas E Raterree Recorded Dec, 29th 1860 Record of James E Ratterree Eighteen hundred and fifty dollars & twenty five cents in full for the one half of the two undivided interest in the slaves I bought of William D Sled & William Jarrell & wife Lydia C Jarrell belonging to the estate of John Sled dead and now under the management & control of said Raterree As Administration of Said estate consisting of the following Jack, Hannah, Elick, Wesley, Eliza, Taley, Nancy, John, Peter, & Daniel, Also one half of any or all monies that may belong to me coming from said estate by virtue of the bil of sale & conveyances. I have from the said Wm D. Sled & William Jarrell & wife Lydia C. and I hereby warrant & defend the title of said two slaves in said slaves to him the said James E Raterre his heirs & assigns forever and it is agreed herein that the said property so trade and transferred are to be held together as joint property between the said Raterre & myself until such time as we may see fit to direct the same after the expiration for which they are now hired out which will be first November next Given under my hand & seal June 5th 1858 C. D. Venable (Seal) Attest T. C. Mcorkle John L. Bennett State of Tennessee, Henry County; Personally appeared before James W. Ray clerk of the County Court of said county T. C. Mcorkle and John L. Bennett subscribing witnesses to the foregoing conveyance who after being duly sworn depose and say they are personally acquainted with C. D. Venable the bargainor and that they saw him sign or heard him acknowledge the same to be his act and deed for the purpose therein contained and upon the day it bears date Given under my hand at office this 28th day of December 1860 James W Ray; Clerk Came to hand for registration Dec 28th 1860 at 1 ½ o'clock PM _______________________________________________________________________________________ Deed books, vols. J-K, 1848-1853; K-241 Ratteree, Asa - Ratteree, James E. James E Ratteree conveyed 71 acres by Asa Ratteree Recorded August 2nd 1852 This indenture made the 6th day of September 1850 by and between Asa Rateree of the County of Henry of the one part and James E Ratteree of the other part witness that the said Asa Ratteree for and in consideration of the sum of Twenty Three dollars will and truly paid the receipt Whereof is hereby acknowledge hath granted bargained and sold and by these presents hath grant Registration of Deeds Grants & in Henry County 1852 bargain and sell unto the said James E his heirs and assigns a certain tract or parcel of land Situate lying & being in the County of Henry and adjoining the land of one Andrew J Chilcutt on the West, James English South, John H Guills land on the East & John Culbreath on the North Beginning and cornering one red oak. White & red oak pointers Standing Eighty poles South from th N. E. Corner of Entry No. 184 for 185 acres in the name of A. J. Chilcutt Running thence East ninety four poles to a stake; red oak pointers thence South ninety six poles to a white oak and white oak pointers thence East sixteen poles to a stake with black jack post oak pointers thence South twenty poles to a black jack & post oak pointers thence West one hundred and sixteen poles to the beginning by estimation containing Seventy One acres of land with all and singular the hereditments and appertenances there unto belonging or in any wise connected on and appertinances and all the estate rite title interest claim and demand whatever of him the said Asa Rateree of in and the lands and premises and every part and parcel there of to have and to hold the said landpremises above mentioned and Every part and parcel thereof with theappertinances unto James E Rateree his heirs and assigns to the only part use and behoof of the said James E Ratteree his heirs and assigns forever and the said Asa Rateree for him self and his heirs the said lands and premises and every part and parcel there against themselves and his heirs and all and every other persons whatsoever warrant and forever defend to the said James E Ratteree his heirs and assigns Witness whereof the said Asa Rateree has here unto set his hand and seal the date above written Asa Rateree (Seal) Witness State of Tennessee Henry County; Personally appeared before me Robt Lemmonds Clerk of the County Court forsaid County. Asa Ratteree Grantor to the foregoing deed of conveyance with whom I am personally acquainted and acknowledged the same to be his act & deed on the day it bears date and for the purposes therein contained Witness my hand at office the 2nd day of August A D 1852 Robt Lemmonds Clerk Came to hand for Registration August the 2nd 1852 at 10 o'clock A M _______________________________________________________________________________________ Deed books, vols. J-K, 1848-1853; K-389 Rateree, James E. - Burton, William L. William L Burton Conveyed 131 Acres by James E Ratteree Recoorded January the 20th 1853 I James E Ratteree have this day agreed to sell and do hereby Transfer and Convey William Burton his heirs to have & to hold forever a tract or parcel of land for the consideration of three hundred dollars to me paid Lying and being in the State of Tennessee & Henry County & District No 20 Containing by Estimation one hundred & thirty one acres be the same or ___ & bounded as follows Beginning at Black & ___ & Chesnut pointers the S E Corner of East No 58_ in the Levi K Martins thence North 26 poles to a stake & post oak pointers East 98 poles to a state Red oak & post oak post thence South 45 poles West 40 ¾ poles thence South 119 poles thence West 57 2/3 poles to the Beginning. To have & to hold the same I do covenant with William Burton that I am lawfully seized of said laws & have a good right to convey it & that the same is unencumbered I do furthercovenant & bind myself my heirs & Representatives to warrant & forever defend the title to said land & Every thereof to the said Wm L Burton his heirs & assigns against the lawful claims of all persons Whatever this 10th of Jan 1853 James E Ratteree (Seal) John M Chilcutt John A Burton State of Tennessee Henry County; Personally appeared before me Robt Lemmonds Clerk of the County Court for said County James E Ratteree the Grantor to the foregoing deed of conveyance with whom I am personally acquainted and acknowledge he to be his act & deed on the day it bears date & for the purpose therein contained Witness my hand at office the 20th day of Jany AD 1853 Robt Lemmonds Clerk Came to hand for Registration Jany the 20th 1853 10 o'clock AM _______________________________________________________________________________________ Deed books, vols. L-M, 1853-1857; L-616 Ratteree, James E. - Edmonds, James T. James Ratteree deed 146 ½ conveyed by J. T. Edmonds by t. Coony on the 15th day of Dec. 1854 registered the 31st of May 1855 at 2 o'clock pm I hereby transfer and convey to James Ratteree and his heirs for the consideration of Six hundred dollars to me paid the receipt of which is hereby acknowledged a tract of Land situated in Henry County Tennessee in range 7 and section 10 Beginning at then.E. corner of entry no.985 granted to Jas T Edmonds $ Robt Wall__ by grant 8028 for 82 ½ acres of wich is a part of this survey thence West to and with the north boundry line of entry no. 1543 for 30 acres which is also a part of this survey 68 poles to a stake with black oak post thence South 6 poles to a black gum with oak & gum post thence West 36 poles to a stake with red oak post thence South 36 polesto a red oak & red oak post thence West 74 poles to a stake with black oak post thence south 53 poles to a black oak with thence West 6 poles to a maple & maple post thence South 34 poles to a stake & black oak post thence East 180 poles with _____ line his N.E. corner in the Westboundry line of entry no. 1109 for 2560 acres thence North 183 poles to the beginning containing 146 ½ acres to have and to hold the above _____ land and every part thereof to him the said Ratteree and his heirs forever I do covenant with the said Ratteree that I am Lawfully Seized of said land have a good right to convey it and that the same is unencumbered I do further covenant and bind myself my heirs & representatives to warrant and defend the title to said land against lawful claims of all persons what ever in testimony whereof hereunto Set my hand and Seal this fifteenth day of December 1854 Signed Sealed & delivered in presents of R.D. ______ James T. Edmonds (Seal) Jas R. Debruce by T. Coony State of Tennessee Henry County; Personally appeard before me Robt Lemonds Clerk of the County T Coony the Grantor to the foregoing Deed of conveyance with whom I am personally acquainted and acknowledge he to be his act & deed on the day it bears date & for the purpose therein contained Witness my hand at office the 31st of May 1855 at 2 o'clock pm Robt Lemmonds Clerk _______________________________________________________________________________________ Deed books, vol. N, 1857-1860; N-232 Ratterree, James E. - Smith, Samuel James E Ratterree of Trust Deed Coveyed by S Smith on the 6th of Febuary 1858, Recorded the 11th of March 1858 at 11 o'clock AM I Samual Smith have this day bargained & sold & do hereby convey to James E Ratterree for the sum of five dollars to me paid and there after Considerations ____ after mentioned a tract of land in the State of Tennessee & Henry County an District No. 20 Containing estimation fifty five acres & bounded by the lands of Moses Oliver on the North the lands of Wm A Bradshaw on the West, South by the lands of Wesly Gallimore, East by the lands that Wm G Thompson & Sam Smiths the late E J Shiply's tract, the land I now live on, I do covenant with the said J E Raterree that I am lawfully seized of said land I have a good right to convey it & that the land is unencumbered I do further covenant & bind myself my heirs & appertanances to warrant & forever defend the title to the said land & every part there of to the James E Rateree his heirs & assigns against the lawful claims of all persons whatever. But this land is made for the following uses & trust & for no other purposes is to say I am indebted to one John M Chilcutt in the sum of one hundred & eight dollars by note ___ seal of this dated owe twelve months after date and to ____ & make ___ the payment of the same, Now if I should pay the said debt st the time aforesaid Trust Deed to ___ but if I should not then the said James E Raterree as trustee after giving twenty days make in wrighting at the courthouse door of said County and at the election ground of the 20th dist. & other public places of the neighborhood may expose the said land to public sale & sell it to the highest bidder for cash & appropriate the proceeds ____ _________ secondly to the satisfaction of the said of one hundred & eight Dollars thirdly to pay the balance if any there be to me this 6th day of Febuary 1858 Attest; J R Mortan Wm Key his Samual X Smith (Seal) Mark State of Tennessee, Henry County; personally appeared before me James W Ray Clerk of the County Court of said County with whom I am acquainted and acknowledge that he had executed the forgoing deed of trust for the purposes therin contained Witness my hand at office this 11th of March 1858 James W Ray Clerk By B B B______ Clerk ______________________________________________________________________________________ Although the laws on deeds of trust vary from state to state, here is an oversimplified explanation of a deed of trust. In the early history of mortgage lending, lenders used only a mortgage document. This was recorded among the land records, and if the borrower defaulted on the mortgage payments, the lender had to go to Court in order to foreclose. From the lender’s point of view, this was a time-consuming and expensive process. Accordingly, many years ago, some imaginative attorney (or lender) conceived of the idea of the deed of trust. At settlement, the seller would convey the property by deed to the buyer. The buyer would simultaneously convey the property in trust to one or two trustees selected by the lender. In effect, legal title (in many states) would be transferred to these trustees. The trustees would hold this legal title until one of two events occurred: The loan was paid off in full. Then the trustees (usually at the expense of the borrower) would convey the property back to the borrower, and release the deed of trust from land records. The loan went into default. Since the trustees owned the property, and the deed of trust contained language giving the trustees the power to sell the property upon a default, the trustees would arrange to have the property foreclosed upon by a private auctioneer (or the sheriff in some parts of the country at the Courthouse steps). If the borrower objected to the foreclosure, and believed he had legal defenses to the foreclosure, the burden to go to Court to stop the foreclosure shifted to the borrower. _______________________________________________________________________________________ Deed books, vol. N, 1857-1860, N-827, James E. Raterree to Deed 30 acres John A. Burton Registered Nov. 8th 1859 I James E Raterree have this day agreed to sell and do hereby transfer and convey to John A Burton & his heirs to have & to hold forever a tract of land or parcel of land for the consideration of thirty dollars to me paid Situate lying and being in the State of Tennessee and Henry County and district No 20 Containing by estimation thirty acres be the same more or less & bounded as follows Beginning at South corner of entry No 10 granted to me for 161 acres thence west 40 1/3 poles thence north 119 poles thence east 40 1/3 poles thence south 119 poles to the beginning to have and to hold the same & do covenant with John A Burton that I am lawfully seized of said land have a good right to convey it and that the same is unencumbered & do further covenant and bind myself my heirs and representatives to warrant and forever defend the title to said land and every part thereof to said John A Burton his heirs and assigns forever against the lawful claims of all persons what ever done this the 10th of January 1853 James E Raterree (Seal) Test John M Chilcut W. L. Burton State of Tennesse, Henry County; Personally appeared before me James W Ray Clerk of the County Court of said County James E Raterree with whom I am personally acquainted and who acknowledged that he had executed the forgoing deed for the purposes contained witness my hand at office Nov 7 th 1859 James W Ray Clerk Came to hand for registration November 7 the 1859 at 11 o'clock AM Deed books, vol. O, 1860-1865, O-828; D. C. Steele To Deed of Trust James E Raterree Registered Sept 1st 1865 at 1 ½ o'clock PM; Know all men by these presents that I have this day bargained and Sold and do hereby Convey to James E Raterree for the sum of five Dollars to me paid and the other considerations herein after mentioned a tract of land in the State of Tennessee Henry County and distict 20 Containing by estimation Two hundred fourteen acres be the same more or less bounded as follows Beginning at John A Swills North East Corner thence East 88 poles South East corner J E Raterree land thence South 76 poles to a black oak & pointer Moody Corner thence west 50 poles with Moodys line thence South 106 poles Moody line thence west 92 with Moodys line thence North 130 poles with the line of Casney & _____ John A Guills line thence west 32 poles west Guills line thence north with Guills line 50 poles thence East 32 thence south 42 poles thence 84 poles East with Guills line thence north 64 poles to the beginning I do Covenant with the said James E Rateree that I am lawfully Seized of said said land and have a good right to convey it and that the same is unencumbered I do further Covenant & bind myself my heirs & representatives to warrant and forever defend the title to the same & every part thereof to the said J E Rateree But this deed is made for the following uses and trusts & for no other purpose that is ti say I am indebted to one John Cooney Jr in note under seal for about one hundred fifteen dollars due about the year 1860 I am also indebted John Cooney Sr a book account of about sixty dollars made in about the year 1861 Sundays articles of merchandise to me sold & delivered I am also owe & owing one B. C. Brown seventy nine dollars two cents with cost of Judgement entered on the 9th day of Febuary 1861 before John M Chilcutt ___ I am also indebted to one J Sac N Moody in a note of about sixty dollars owe in or about the year 1860 I am also indebted to one note made to John M Chilcutt which has a balance due of sixty one dollars eighty cents dated the 18th day of August 1859 I am also bound in a note made to one Asa Raterree for about one hundred dollars due in on about the year 1861 as security James W Steele I am also indebted to one James E Raterree in a note under seal under this date for three hundred dollars and owe about 15 th day of December 1866 and am desinous to secure & make certain payments of the above described debts now if I should pay the debts on or before 29th day of December 1866 then this deed to be paid but if I should not then the said James E Raterree as trustee often giving fifteen days notice in writing at the & or door of the Court House for said County & at Election ground in said ___ district & some other public places in the neighbourhood may expose the said land to public sale to the highest bidder for cash and appropriate the proceeds first to the payments of the nessesary Expenses & costs secondly to the satisfaction of the above described debts & thirdly to pay the balance if any then be to me given under my hand & seal this 27 th day of August 1865 D. C. Steele (Seal) State of Tennessee, Henry County; Personally appeared before me James Worthen Clerk of the County Court of said County D C Steele the Bargainon in the within Deed Trust with whom I am personally acquainted and acknowledged that had executed the same at the time it bears date and for the purpose therein contained Given under my hand the first day of September 1865 James Worthen Clerk _____________________________________________