MAURY COUNTY, TN - DEED - J.P. Fitzgerald, 12 Jan 1904 ==================================================================== 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 Archives by: Bill Fitzgerald wafitz@charter.net ==================================================================== H. B. Titcomb's Mtge. Executed by J. P. Fitzgerald Jan. 12, 1904, Filed Jan 12, 1904 at 11:50 o'clock A.M. and Registered Jan. 13th, 1904 Whereas I, J. P. Fitzgerald have this day borrowed from Mrs. M. A. Titcomb, wife of H. B. Titcomb the sum of Six hundred dollars, to pay in part the purchase money for the land hereinafter described and have executed my note for said sum payable to Mrs. Titcomb, of'even date with this mortgage, due and payable in one year from date and bearing interest from date until paid, Now therefore, to secure and make certain the payment of said note and interest which interest is due and payable annually, we, J. P. Fitzgerald and his wife M. A. Fitzgerald have this day sold, and do hereby sell, transfer and convey to H. B. Titcomb the following described tracts or parcels of land lying in Maury County, in what was formerly the 7th civil district of said county, First tract bounded as follows, Beginning at a stake, James Morgans corner, the S.E. corner of the tract thence N. 4 degrees E. 97 poles 14 links to M. L. Harlows corner thence N. 6 degrees E. 30 poles 23 links to a stake in J. E. Walkers line, thence N 87 1/4 degrees W. 25 1/2 poles to a stake, thence N. 79 degrees W. 39 poles to an oak stump, thence S. 81 degrees W 50 poles 15 links to a black walnut thence S. 75 degrees W. 13 1/2 poles to a set stone Kennedy's N.E. corner, thence with same S. 4 degrees W. 104 poles 18 links to a stake, thence S. 81 1/2 degrees E. 119 poles 7 links to the beginning, containing by survey 106 4/10 acres, It being the same land purchased from the heirs of W. R. Walker, the deed for which is registered in the Registers Office of Maury County, in Book 100, Vol.4, page 185. The second tract adjoins the above tract and is bounded as follows. Beginning at a stake in Kennedy's E.B. LINE Fitzgeralds corner, thence with Fitzgeralds S. 81 degrees E. 42 poles to a stake in the center of branch, thence with branch S. 5 degrees E. 10 poles 14 links to a set stone, thence S. 78 degrees W. 26 poles 6 1/2 links, to a stake in the center of ditch, thence with same S. 61 degrees W. 14 poles 13 links to a stake thence S. 49 1/2 degrees W. 8 poles to a stake in the road, thence with same N. 3 degrees E. 35 poles to the beginning, containing by survey 5 35/100 acres in the same more or less. It being the same purchased by us from J. A. Morgan and his wife M. L. Morgan, the deed to which is registered in the Register's Office of Maury County, Book 105, Vol. 4, page 296. To have and to hold the same to him the said H. B. Titcomb his heirs and assigns forever, we covenant with said H. B. Titcomb that we are lawfully seized and possessed of the said land, have a right to convey the same and that it is understood, except by Vendor's lien on the first mentioned tract for one note of $250.00 and we hereby warrant the title to both of said tracts of land to said H. B. Titcomb his heirs and assigns, against the lawful claims of all persons whomsoever. But this deed is made for the purpose of securing the payment of said note according to the terms and time thereof, and none other. Now if we pay said note and interest as provided and stipulated then this conveyance to be null and void, otherwise to remain in full force and effect and in the event we fail to pay said note and interest as provided and stipulated herein, then and in that event said H. B. Titcomb or his legal representatives is hereby authorized, directed and empowered after advertising the time place and terms of sale, as required by law in judicial sales, sell said land to the highest bidder, at public sale for cash, free from rights of Homestead and Dower, and the right and equity of redemption, which rights, and equity we hereby cut off, waived and conveyed to said Titcomb. And apply the proceeds of sale, first to the payment of the cost and expenses, incident and necessary to said sale, including a reasonable attys. Fee. Next to the payment of said note and interest, and the balance if any to us. And said H. B. Titcomb or his legal representative is empowered to make a deed to the purchaser at said sale. In the event it should become necessary or if said Titcomb should so declare to institute suit in the Chancery Court to foreclose this mortgage, then and that event, a reasonable attorneys fee, is to be included in the costs and paid out of the proceeds of sale, as provided above. Witness our hand this the 12th day of January 1904. J. P. Fitzgerald, M. A. Fitzgerald, STATE OF TENNESSEE, MAURY COUNTY, Personally appeared before me, A.O.P. Nicholson, Notary Public in and for said County and State, the within named J. P. Fitzgerald and M. A. Fitzgerald the bargainors, with whom I am personally acquainted, and who acknowledged that they executed the annexed instrument for the purposes therein expressed. And M. A. Fitzgerald, wife of the said J. P. Fitzgerald having personally appeared before me, privately and apart from her husband, the said M. A. Fitzgerald acknowledged the execution of the said instrument 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 my hand and seal, this 12th day of January, 1904.. A.O. P. Nicholson, Jr. Notary Public (Spelling and punctuation as near to original document as could be determined) Bk. 104, pg. 617 (Written in margin of document) We certify as executors of Mrs. M.A. Titcomb we are the lawful holders of the note secured by this mortgage thereby acknowledge the payment of the same this day & this mortgage Satisfied. (W. B. Grum) Extr. H. B. Titcomb Extr. P. W. (Brown) Witness this July 9th, 1905. T. E. Lipscomb, Register