Deeds: MITCHELL to PATE & GREENWOOD for THURMON, 1838: Bedford Co., VA Contributed for use in USGenWeb Archives by: Edna McPherson, ednamcpher@cox.net Nov 2007 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm ************************************************ Samuel Mitchell to Cornelius Pate & William Greenwood, for Robert J. Thurman & Co. Deed of Trust December 20, 1838 Bedford County Deed Book 27, pages 356-357 This Indenture made and entered into this 20th day of December one thousand eight hundred and thirty eight, between Samuel Mitchell of the County of Bedford and State of Virginia of the first part and Cornelius Pate and William Greenwood of the second part and Robert J. Thurman & Co. of the third part. Witnesseth, that whereas the said Robert J. Thurman & Co. hath heretofor become the security of the said Samuel Mitchell to Micajah Davis, Sheriff of Bedford County for a Sum not exceeding fifty dollars to be paid on the 25th day of Dec 1838, and has also become his security to Marquis D. Gray for the Sum of five dollars and thirty Seven cents, and his security to Thomas Mead for the Sum of three dollars and Seventy five cents for his own benefit, and for eight dollars and Seventy for cents for the benefit of Caleb Ewing, and for the sum of two dollars and fifty cents to Edward Irvine with Interest from 27th Nov. 1834, which debts the said Samuel Mitchell is willing and desirous to secure and to indemnify his Security. Now this Indenture Witnesseth that for and in consideration of the premises and for the purpose of indemnifying and Securing and bearing harmless the said Robert J. Thurman & Co. as his Security and for the further consideration of the Sum of one dollar to him in hand paid at and before the ensealing and delivery of these presents the receipt whereof is hereby acknowledged. h e the said Samuel Mitchell hath granted, bargained, and Sold, and by these presents doth grant, bargain, sell, alien, enfeoff & confirm unto the said Cornelius Pate and William Greenwood the following property to Wit, one Set Smiths Tools including one anvil, one bellows, one new vise, one Set of hammers, one Set tongs, files, & one pided Cow, 3 feather beds stead & furniture, one loom together with all the rest of his household and kitchen furniture of what kind Soever it may consist. To have and to hold the aforesaid property unto the said Cornelius Pate and William Greenwood their heirs executors, administrators or assigns forever. Upon trust nevertheless that the said Cornelius Pate and William Greenwood shall permit the said Samuel Mitchell to remain in peaceable & quiet possesion of all the aforesaid property and take the profits arising therefrom to his own use and benefit until the said Robert J. Thurman & Co. shall be likely to become suffering on account of said securityship and then it shall be the duty of the said Cornelius Pate and William Greenwood or either of them first being directed by the said Robert J. Thurmon & Co. or their legal representatives to proceed to Sell the whole of the above mentioned property or so much thereof as shall be sufficient for the purpose, after having given at least ten days notice by advertising the time and place of Sale at the public places in the neighborhood, at public auction for ready money, and out of the proceeds arising from such sale shall first pay all expense of the Same including the recording this deed then pay the whole of the above mentioned debts & Interest & Costs or so which thereof as shall then remain unpaid and the balance if any shall pay over to the said Samuel Mitchell or his legal representa- tive. In Witness whereof the parties have herewith Set their hand and Seals the day and date above written. Signed Sealed & acknowledged} Saml Mitchell (Seal) in the presence of .........} Bedford County to Wit. We William Shrewsbury and Matthew Pate Justices of the peace in the County aforesaid do hereby certify that Samuel Mitchell party to the within deed bearing date on the 20th Decem. 1838 and hereto annexed personally appeared before us in our County aforesaid to acknow- ledge the Same to be his act and deed, and desired us to certify said acknowledgement to the Clerk of the County court of Bedford in order to be recorded. Given under our hands and Seals this 21st day of Dec. 1838. Wm. Shrewsbury (Seal) Matthew Pate (Seal) At a Court held for Bedford County the 21st day of December 1838 This deed of trust was produced in Court and together with the certifi- cate of the acknowledgement of Samuel Mitchell a party, thereto annexed ordered to be recorded. Teste R. C. Mitchell CBC [Transcribed by Edna McPherson] [edited by County Coordinator (brackets mine)] [DAVIS, EWING, GRAY, GREENWOOD, IRVINE, MEAD, MITCHELL, PATE, SHREWSBURY, THURMON]