Bosque County, TX - Deeds - Mortgage of Walter Timms and wife =============================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, material may be freely used by non-commercial entities, as long as this message remains on all copied material, AND permission is obtained from the contributor of the file. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. Persons or organizations desiring to use this material for non-commercial purposes, 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. =============================================================================== Submitted by Virginia M. Finley Walter Timms & Wife to L.R. Lupton Mortgage State of Texas {} County of Bosque {} Know all men by these presents that we WALTER TIMMS and ELSIE TIMMS his wife, of the State and County above named in consideration of the sum of Two hundred & seventy five Dollars have bargained sold conveyed and confirmed unto L.R. LUPTON of Kimball in said State & County his heirs & assigns forever all those certain pieces or parcels of land situate near the village of Kimball in said State & county and described as surveys So. twenty two (22) twenty three (23) & twenty four (24) of the Kimball Bend Estate as shown upon a map of said Estate on record in the Clerks office at Meridian, being the premises now occupied by Walter Timms, & including his farm together with all & singular the tenements hereditaments & appurtenances to the same belonging incident or appertaining to have & to hold the said premises with the appurtenances unto the said L.R. Lupton his heirs & assigns forever. This conveyance is intended as a mortgage to secure the payment of a certain promissory note of this date given by us unto the said L.R. Lupton for the sum of two hundred & seventy five dollars and payable with interest at the rate of ten percent per annum on the first day of July A.D. 1875 and if the amount of said note both principal & interest be paid at maturity then this conveyance shall be void. But if default be made in the payment of said sum with interest, or any part thereof at the time herein before specified for the payment thereof, we do hereby authorize & empower the said L.R. Lupton his heirs executors administrators or assigns to sell the premises herein conveyed, at public auction in the manner provided by law and out of the money arising from said sale, to retain the principal & interest which shall then be due on said note together with all costs & lawful charges and pay the surplus if any, to us our heirs, executors administrators or assigns. In witness thereof we have hereunto set our hands and scrolls (for seals) this 13 day of August A.D. 1874. In presence of } } W. Timms } } Elzey Timms } } The State of Texas } County of Bosque } Before me W. H. LUCK a justice of the peace and exofficio Notary Public in and for State and County aforesaid, precinct No. 2 personally appeared W. Timms and Elysey Timms, his wife, both to me well known who acknowledged that they had executed the foregoing conveyance, being date 13th day of August A.D. 1874, who for the purposes and considerations therein stated. Also Elzsey Timms upon a private examination privily (sic) and apart from her husband, having had the said conveyance fully explained to her, declared that she had executed the said instrument of her own free will and accordingly without any fear or compulsion on the part of her husband, and that she wished not to retract it. To certify to the same I hereto set my hand officially and affix the imprint of the seal of my office at Kimball this 15th day of August A.D. 1874. W. H. Luck J.P. and exofficio Notary Public Bosque County Texas The State of Texas {} County of Bosque {} I, JNO. JAMES, Clk. D.C.B.C. Texas do hereby certify that the above aforgoing conveyance, or mortgage, hereto attached and filed for record Sept. 18th 1874, at 2 ock, P.M. & was Record in Bosque Co. Deed Record Book "A", pages 395, 396 & 397. Given under my hand & seal of the Dist. Court of Bosque County, at office in Meridian on this Sept. 18th 1874. Jno. James, Clk, D.C. B.C. by W.C. Smith, Deputy ________________________ Filed for Record, Sept. 18th 1874, at 2 ock, P.M. Jno. James, Clk, D.C. by W.C.Smith, Dpty. _________________________ Filed Sept. 24th 1874 Jno. James Clk. D.C.B.C. by O.L.Lackett Dpty ___________________________