Freestone County, Texas Deeds [Deeds of: 1) William Oscar Cain and his wife, Sarah Ann (Boatner) Cain, who buy land located in Freestone Co., TX. from John Henry Mayo and J. L. Mayo in 1879. 2) William Oscar Cain sells a number of lots in Wortham, Texas to S. A. Killough of McLenman County, TX.] Source:  Will Book P, pp. 517-518: The State of Texas County of Freestone 7 May 1879 Know all men by these presents that we Wm Cain and Sarah A. Cain, wife of said Wm Cain, citizens of said county and state for and in considerations of the sum of Twenty two hundred dollars, good and lawful money of the United Sates of America - secured and to be paid as follows - to wit:  two promissory notes for eleven hundred dollars each - first note due and payable on or before the first day of December next 1879 - 2nd note due and payable on or before the first day of January 1880.  Each bearing 10% per annum from and after maturity until paid bearing even date with these presents and are understood to be and do operate and constitute a vendors lien upon the lands herein conveyed, have granted, bargained, sold and conveyed and by these presents do grant, bargain, sell and convey unto J. H. & J. L. Mayo, also citizens of said county and State.   The following describes tracts or parcels of land to wit:  two hundred and nine acres more or less situate lying and being in Freestone County, Texas, a part of the W. B. Reed League.  Beginning on the western boundary of aid League at the middle of said West line at a post running thence East 1440 vis to a postoak thence No. E 992 vis to a stake being a postoak and B Jack pointers.  Thence West 1240 vis to a stake being a postoak No E 5 vs a postoak N 4 vis Dist.  Thence South 99s vis to the place of beginning.   Also 78 ½ acres off the south part of the G. W. Bankhead H R survey joining the tract above described, beginning at the S. E corner of a 165 acres tract of said Bankhead survey & on the west line of the above described tract which is a stake from which a P_____.  Thence N 449 ½ vis to a stake, from which a P. O. 17 in __ __ N 30 W 32 ½ vis.  Thence S 89 W 1000 ½ to a stake and a P. O. 13 in ___ ___ S 77 ½ vis and a P. O. 13 in ___ ___ S 77 ½ E 6 ¾ vis and a P.O. 15 in ___ ___ S 35 E 7 ¾ vis.  Thence S 43 1/3 vis to a stake set a P. O. 16 in ___ ___ E 7 vs and a B. J. 4 in ___ ___ S 28 E 6 vis.  Thence East 1006 ½ vis to the place of beginning. Also 29 acres a part of the W. B. Reed League of land beginning at the N. W Corner of a 209 acres tract the first above described.  Thence N 160 vis to a stake set a P. O 17 in ___ ___ N 30  W 32 ½ vis.  Thence South 86 ½  E 1149 vis to a stake in the  west line of a survey of said League from which a P.O. 15 in ___ ___ N 4 ½ W 24 vis.  Thence South 125 vis to a stake set which is the S. E. corner of the A. T. Watson tract.  Thence W. 144 vis to the place of beginning. To have and to hold the above described and bargained premises with all the improvements, appurtenances thereunto belonging or in any wise appertaining unto the said J. H. & J. C. Mayo their heirs and assigns in fee simple forever and we the said, Wm Cain  and Sarah A. Cain do hereby bind ourselves, our heirs and assigns, executors and administrators to warrant and forever defend the title of the promises conveyed unto the said J. H. & J. C. Mayo their heirs & assigns against the claims of all  persons whomsoever lawfully claiming the same or any part thereof.   In testimony of all which we hereunto sign our names this the 7th day of May A. D. 1879. Wm Cain S. A. Cain --------------------------------------------------------- Source:  Will Book P, pp. 525-527 [same book, just a number of pages later] Fairfield, TX The State of Texas County of Freestone 13 May 1879 Know all men by these presents that I William Cain of the county of Freestone, State of Texas, as party of the first-part in consideration of the sum of ten Dollars to me in hand paid the receipt whereof is herby acknowledged and for the further considerations, uses, purposes & trust herein set for and declare, have granted, bargained and sold and by these presents do grant, bargain, sell, and convey and confirm unto S. A. Killough of McLenman County Tex as party of the second part, and also to the substituted?  Trustee, as hereinafter provided, all of those certain lots of parcels of land situated in the town of Wortham in the County of Freestone, State of Texas.  Known and designated on the map or plat of said town as lots No one (1), two (2), three (3), four (4), five (5), six (6), seven (7), eight (8), nine (9), ten (10) in Block No Twenty-six (26).  This day conveyed to me, by the Executors of N. H. Cinger (?) decd and H. E. & E. D. (Lenger, Cenger, Senger ??) together with all & ______ the right and appurtenances to the same belonging, or in anywise, _____ and appertaining for and upon the following trust terms and conditions to wit:  that whereas the said party of the first part is justly indebted to party of the third part herein as follows:  in two promissory notes of this date for one thousand (1000) dollars each the due December 1st  1879 and the other December the 1st 1880 both bearing ten per cent interest from date and executed __ N. H. Senger __ by me __L Watson, which said notes are given for the purchase money of the above described lots of land and a vendors lien is retained on the same to secure their payment and this conveyance is made for the enforcement of prompt payment thereof.  Now should the said party of the first part make default in the punctual payment of said notes of either of them when due (and default in the payment of the fine - one due when due shall immediately make both ____ due.)  It shall thereupon or at any time thereafter, the claim remaining unpaid, be the duty of the said party of the second herein, and of his successor or substitute, as hereinafter provided on the request of the said parties of the third part, or other holder thereof, which request is hereby presumed, enforce this trust:  and after advertising the time, place and terms of the sale of all the above conveyed and described property in a newspaper published in the city of Waco for at least twenty days prior to the day of sale such publication to be made daily, shall sale the same in accordance with such advertisement at public auction before the courthouse door of McLenham County, Texas for cash and make due conveyance to the purchaser or purchasers with general warranty binding the said party of the first part herein and his heirs: (and out of the money arising from such a sale shall pay fine - all the expenses of advertising sale and conveyances, including a commission of five per cent to the ___ acting: and then to the said party of the third part, or other holder thereof, the full amount of principal and interest due on both of said notes as hereinbefore set forth, rendering  the over plus of the purchase money, if any, to the said party of the first part, his heirs or assigns : and such sale shall forever be a perpetual bar against the said party of the first part, his heirs and assigns and all other persons claiming under any of them.  It is expressly ___ that the recitals in the conveyance to the purchaser shall be full evidence of the matter therein stated, and no other proof shall be requisite __ request by the party of the third part herein or the holder of said _____ to the ___ ___ ___ to enforce this trust, or ___ ___ advertisement or sale of any particulars thereof, and all prerequisites to said sale shall be presumed to have been performed.  In case of the death, inability, refusal or failure of the trustee herein to act, a successor or substitute may be named, constituted and appointed by the said party of the third part herein, or the holder of said promissory notes without other formality then an appointment and designation in writing in writing (in writing is repeated twice in the document) and this conveyance shall rest in him as trustee the estate & titles in all said promises and he shall thereupon hold, possess and execute all the title rights, powers and duties herein conveyed on said trustee named and his conveyance to the purchaser shall be equally valid and effective.  The party of the third part or other holder under him shall have equal right to become the purchases at such sale, being the highest bidder.  And I further bind and obligate myself to insure the building and machinery of every kind now on said lots and hereafter to be on the same for the full amount of said indebtedness and keep it insured until it is paid off in full, the insurance money to be payable in care of ___ to said N. H. Cinger ___ or the holders of said notes.  In case I fail to insure they may do so and charge me with the expenses of same. In testimony whereof said party of the first part hereunto affix his hand and seal using ___ for seal this 13th day of May A. D. one thousand eight-hundred and seventy nine. Wm Cain.