MAURY COUNTY, TN - DEED - J.P. Fitzgerald, 2 Jan 1893 ==================================================================== 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 ==================================================================== C. J. McKee's T Deed Executed by J. P. Fitzgerald Janry 2nd 1893. Filed Febry 4th 1893 at 1:30 o'clk P.M. Registered Febry 9th 1893 Whereas I have this day executed my note to C. M. McKee for the sum of Two hundred and sixteen Dollars & eighty five cents (say $216.85) due & payable on or before the 25th day of December 1893 Now for & in consideration of said sum of $216.85 & to secure & make certain the payment of said so due & evidenced by said note. I J. P. Fitzgerald have this day sold & do hereby sell transfer & convey to the said C. J. McKee the following described tract or parcel of land lying & being in the 19th civil district of Maury County & bounded as follows, to witt; on the north by lands of the heirs of J. P. Fitzgerald, on the East by the lands of C. H. Gray & Thompson and on the west by the lands of J. S. Hastings, containing by estimation Eight acres and being the place where I formerly resided. To have & to hold the same to him the said C. J. McKee, his heirs & assigns. I covenant that I am possessed of said tract of land, have a good right to convey the same. That it is un-incumbered & that I will warrant the title to said C. J. McKee his heirs & assigns against the lawful claim of all persons whatsoever. But this deed is made for the purpose of security & making certain the payment of said sum evidenced by said note, and if I shall pay the same in accordance with the time & terms thereof, then this conveyance to be void, otherwise to remain in full force & effect and if I fail to pay the same then & in that event, said C. J. McKee is hereby authorized, empowered & directed to sell the same after giving legal notice of the time of sale for cash free from the right & equity of redemption which right is hereby waived relinquished & released and apply the proceeds to payment to said note & interest & any cost incident to the foreclosure of this instrument. And I Mary A. Fitzgerald wife of said J. P. Fitzgerald join in this conveyance for the purpose of conveying to said C. J. McKee all my right of homestead & dower or any other legal or equitable right I may have in & to said described tract or parcel of land. Witness our hands this 2nd day of January 1893. J. P. Fitzgerald M. A. Fitzgerald State of Tennessee Maury County Personally appeared before me J. F. Wiley clerk of the county Court of said County, J. P. Fitzgerald the above bargainor with Whom I am personally acquainted and who acknowledged that he executed the foregoing Instrument for the purposes therein contained. Witness my hand at office this the 4 day of Febry 1893. J. F. Wiley clerk Pr. Ed. D. Wilson D. C. State Of Tennessee Maury County T. H. Nixon Esq. You are hereby authorized to take the examination of Mrs. Mary A. Fitzgerald privately and apart from her husband, relative to her free execution of the annexed deed and the same so taken to certify under your hand and seal. Witness J. F. Wiley Clerk of the County Court of said county at office the 2 day of January 1893. J. Frank Wiley Clerk Pr. Chas. A. Bennett D.C. State of Tennessee Maury County Mrs. M. A. Fitzgerald wife of J. P. Fitzgerald with whom I am personally acquainted, having personally appeared before me and having, by authority in one vested been examined privately and apart from her husband and she having acknowledged the due execution of the annexed deed freely voluntarily and understandingly without compulsion or constraint by her said husband and for the purpose therein expressed. The same is therefore certified. Witness my hand and seal this25th day of January 1893. T. H Nixon , J.P. (The following was written in the margin of the deed of Trust) I, C. J. McKee declare that I am the true and lawful holder of this claim secured by the within recorded Instrument and hereby acknowledge satisfaction thereof and the discharge of all liens to secure the same in full. This Oct. 16th 1893 at 12:15 o'clock P.M. C. J. Mckee Witt. W. R. McKermon (Spelling and punctuation as near to original document as could be determined.) Bk. 78, pg. 359