MADISON COUNTY, TN - DEEDS - John Curlin to Thomas J. Newbern File contributed for use in USGenWeb Archives by: Jim Curlin curlin@crosslink.net ************************************************************************ USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ************************************************************************ Summary: John Curlin executes an indenture to Thomas J. Newbern, which pledges items of livestock, crops, and personal property as security for consolidating overdue debts owed to M. T. Parnell and Jeffreys Sanders & Co. John Curlin is given from 11 November 1833 until 1 July 1833 to pay the debt in full or risk the sale of his property for any portion of the debt unpaid by that date. MADISON COUNTY, TN REGISTER OF DEEDS DEED BOOK 3, PAGE 271 11 MAR 1833 / REC. 22 APR 1833 John Curlin to Thomas J. Newbern Deed John Curlin To } Deed Thomas J. Newbern Registered 22 April 1833 This indenture made and entered into this 11th March in the year of our Lord one thousand eight hundred and thirty three between John Curlin of the State of Tennessee & Madison County of the one part and Thomas J. Newbern of the State aforesaid and County of Haywood of the other part. Witnesseth that for and in consideration of surety debt due N. T. Parnell and wherein the said Micajah T. Parnell as security have then to be mentioned and for the consideration of the sum of one dollar by the said Thomas J. Newbern to the said John Curlin in hand paid the receipt of which is hereby acknowledged the said John Curlin doth give, grant, bargain and sell and confirm unto the said Thomas J. Newbern the following property to note: One horse & cart, one plough & guns, two axes, two cows and yearlings, twenty five head hogs, two stacks fodder, a parcel of corn, one bed and furniture, two weeding hoes, two pots, one oven, one bread? hoe, a parcel(?) sitting chairs, one slab, one loom, one spinning wheel, part of which property is in Madison County and a part in Haywood County unto the said Thomas J. Newbern, his heirs and assigns forever and the said John Curlin by these presents does bind himself to warrant and forever defend the right & title of the above mentioned property unto the said Thos J. Newbern from any person or persons whatsoever, as witness my hand and seal this date as above within. This deed of conveyance is however made under special trust, confidence and reservation following viz., Whereas the said John Curlin is indebted unto Mienjak(?) T. Parnell as follows: One note for twenty dollars and twenty five cents [$20.25] due 17th December 1830, with a credit endorsed on the back for four dollars and twenty nine cents [$4.29] dated Jan. 1st 1832, one other note for fourteen dollars and fifty cents [$14.50] due 7 Decr. 1832, one other note due 20th March 1833 for twenty dollars [$20], one execution due Jeffreys Sanders & Co. for forty two dollars [$42] with interest and costs which is staged by M. T. Parnell- Now this convey is given as a further and more effectual security for the punctual payment of said debt, and if the said debt as here specified shall be well and truly paid unto the said Plaintiffs or other assigns on or before the first day of July 1833 then this conveyance shall be wholly null and void and useless for all intents and purposes. But if said debts or any part thereof shall remain due and unpaid on the first day of July 1833, then the said Thomas J. Newbern or his assigns has full power and authority and by these presents is fully authorized and impowered to sell the above named property or as much thereof as will satisfy the above debts and whatever expenses that may accrue for cost, by first giving ten days public notice as witness our hands and seals this 11th day of March 1833. Attest: Samuel Scott The words and in part in Haywood Cty. John Curlin (seal) Thomas J. Newbern (seal) M. T. Parnell (seal) Date of Transcription: July 1997 JWC Location of Transcription: Lottsburg, VA Note: The above transcription was copied verbatim from the original to the best of my abilities. The notation [ ] denotes my comments. Some of the paragraphs were inserted by me - James William Curlin