LAUDERDALE COUNTY, TN - DEEDS - Willis Fitzgerald to Lurton A. Fitzgerald 1939 ==================================================================== 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 transcribed by Sarah Hutcherson <> ===================================================================== STATE OF TENNESSEE LAUDERDALE COUNTY COUNTY REGISTER'S OFFICE DEED BOOK C-4 PAGE 611 WILLIS FITZGERALD TO LURTON A.FITZGERALD. DEED. 91.1 ACRES. KNOW ALL MEN BY THESE PRESENTS: I,WILLIS FITZGERALD,for and in consideration of the matters hereinafter set out have this day bargained and sold and do hereby bargain,sell,transfer and convey unto LURTON A.FITZGERALD,his heirs and assigns forever in fee simple,a certain tract or parcel of land together with all improvements,appurtenances and hereditaments thereunto belong,lying and being in the 5th Civil District of Lauderdale County Tennessee To Wit: Being a part of 292 acre tract conveyed by JACOB BYLER to JAMES JOHNSTON, BEGINNING at a stake in a private road running from the Mississippi River back south into the bottom; runs thence south 89 3/4 degrees west 52 1/2 poles to a stake in HENRY DAUGHERTY's east boundary line; thence south 4 degrees east with said line 8 1/2 poles to a stake,said DAUGHERTY's south east corner; thence south 83 3/4 degrees west with said DAUGHERTY's south boundary line 51 poles to a stake in W.E.LAMBETH's east boundary line,said LAMBETH's line 162 1/5 poles to a stake,the northwest corner of the KYLE A.STONE tract; thence south 89 degrees east with STONE's north boundary line 71 2/5 poles to a stake in the road; thence with the meanders of said road as follows; north 9 1/4 degrees 40 poles,north 3 1/4 degrees east 30 poles,north 6 3/4 degrees east 58 4/5 poles,north 18 degrees east 28 4/5 poles,north 68 3/4 degrees west 5 2/5 poles; thence north 15 3/4 degrees east 17 64/100 poles to the BEGINNING,containing 91 1/10 acres,more or less. Being the same tract conveyed to WILLIS FITZGERALD by deed of GUS FITZGERALD et ux of record in Deed Book Z-3,Page 637 of the Register's office at Ripley,Tennessee to which reference is here made. TO HAVE AND TO HOLD said real estate unto the said LURTON A.FITZGERALD,his heirs and assigns forever in fee simple. I am an unmarried man and have no wife to join in this instrument and I am at this time and have been for some time a non-resident of the State of Tennessee. I COVENANT that I am lawfully seized and possessed of said real estate; that I have a good and lawful right to sell and convey the same; that the same is unencumbered except by a deed of trust of record in Realty Trust Book 40,Page 585 et seq of the Register's Office of Lauderdale County,Tennessee securing a loan owing to the Land Bank Commissioner,orginally for $2700.00,but the amount due thereon as of June 1,1939 is the sum of $2430.00,which is payable in semi-annual premiums of $135.00 on December 1st and June 1st of each year,with interest,originally contracted at 5%,but the present rate of interest is 4%; and that I will warrant and defend the title to said real estate unto the said LURTON A.FITZGERALD,his heirs and assigns,against the lawful claims of all other persons whomsoever. The consideration for this conveyance is FORTY-six hundred ($4600.00)Dollars paid and to be paid as follows: Amount,Commissioner's Loan as of June 1.1939: $2430.00; Including interest thereon:$8.10 for total of $2438.10; Outstanding rent note: $700.00 for $3138.10 total; Balance Cash: $1461.90 for total of $4600.00.The Vendee hereby assumes and agrees to pay said Land Bank Comissioner indebtedness of $2438.10 and is not to receive possession until January 1,1940 and all rents,issues and profits from said land during the year 1939,including said rent note shall belong to and remain the property of the Vendor and the Vendor hereby acknowledged receipt of said balance of said consideration,namely,$1461.90 in cash.Out of said cash the Vendor has paid all taxes including taxes for the year 1939 and has paid the Land Bank Commissioner all amounts due on said load including insurance premium so that the amount owing under said loan is as stated hereinabove $2430.10. It is understood between the parties hereto that the Vendee has obtained said cash consideration from C.C.PARTEE of Memphis,Tennessee for which he has executed his note due Janyary 10,1940,and an express Vendor's Lein is hereby retained on said real estate to secure the payment of said note which in fact constitute a part of the purchase price on said land. IN WITNESS WHEREOF,I have hereunto subscribed my name on this the 27th day of June 1939. WILLIS FITZGERALD. State of Tennessee Lauderdale County Personally appeared before me,the undersigned Notary Public,in and for said county,WILLIS FITZGERALD,the within bargainor,with whom I am personally acquainted,and who acknowledged that he executed the within instrument for the purposes therein contained and as his free act and deed. Witness my hand and seal of office at office in Ripley,Tennessee this June 27th,1939. B.C.DURHAM Jr.,Notary Public. PRESENTED FOR REGISTRATION on the 30th day of June 1939 at 9:35 o'clock a.m. J.M.CURRY? CARNY? Register.