Bedford County Virginia USGenWeb Archives Deeds James GREENWOOD to Isaac JAMES for William GISH, deed of trust, 1841 ----¤¤¤---- Tripartite Deed Between James Greenwood, Isaac James and William Gish, October 19, 1841 Bedford County Virginia Grantors Deed Book 29, page 173 This Indenture made and entered into this 19th day of October one thousand eight hundred and forty one, between James Greenwood of the first part and Isaac James of the second part and William Gish of the third and last part, all of the County of Bedford. Witnes seth. whereas the said James Greenwood is justly indebted to the said William Gish in the sum of fifty four dollars due by bond hearing date on the 19th day of October 1841, & payable on demand, and also the said Greenwood agrees to secure the said Gish for the further sum of twenty four dollars due Wm Mews administrator of Wm Greenwood deceased, which said Gish is said J. Greenwood security, which two debts said Greenwood is desirous of securing to the said Gish. Therefore in consideration of the sum of one dollar in hand paid by the said Isaac James the receipt thereof is hereby acknowledged by the said James Greenwood, who has bargained and sold and by these presents do grant, bargain and sell and confirm, and deliver, to the said Isaac James the following property to wit, all my interest in the real estate of Wm Greenwood deceased, one black mare, one cow, seven hogs, one house of tobacco, two sheep, two beds and furniture, two tables, one chest, three chairs, one yearling. To have & to hold the above mentioned property consisting of my interest in William Greenwood deceased real estate, one black mare, one cow, seven hogs, one house of tobacco, two sheep, two beds and furniture, two tables, one chest, three chairs, one yearling unto the said Isaac James, his heirs, executors, admin. or assigns. and the said James Greenwood for himself & his heirs, doth covenant and agree to and with the said Isaac James his heirs, executors, or admin. or assigns to warrant and forever defend the right and title to the aforesaid personal property above mentioned free from the claim or claims of all other persons claiming under himself or his heirs whatsoever. Upon trust nevertheless, sub- ject to the conditions and purposes hereinafter set forth and contained, that is to say, if the said James Greenwood, shall pay the two sums named above with the interest and cost of this deed and all necessary expenses on or before the 15th day of October one thousand eight hundred and forty two, then this indenture shall cease and be void. But if the said James Greenwood shall fail to pay the two sums herein mentioned by the 15th of October one thousand eight hundred and forty two, then and in that case the said William Gish may order the said Isaac James to advertise the property herein mentioned for sale at least ten days before such sale shall take place, the property to be sold at some public place in the neighborhood for cash and if said property should be more than will pay the aforesaid debts together with the interest and costs attending the same then the said Issac James shall pay all such surplus over to the said James Greenwood or his assigns and it is further agreed should the said James Greenwood make way with or sell secretly any part or parcel of the above named property without applying the proceeds to the payment of the above named debts then and in that case shall the said Isaac James move the property and sell at his discretion all or such part as may be necessary to pay the two debts together with the interest and costs attending such sale. In testimony whereof we hereunto set our hand and seals this year & day first above written. his James (x) Greenwood (seal) mark Wm Gish (seal) Bedford County To Wit: We Mathew Pate and John Claytor Justices of the Peace in the County aforesaid do hereby certify that James Greenwood party to the within deed bearing date the 19th day of October 1841 and hereto annexed personally appeared before us in our County aforesaid and acknowledged the same to be his act and deed, and desired us to certify the said acknowledgement to the Clerk of the County Court of Bedford in order to be recorded. Given under our hands & seals this day & date above written Mathew Pate J.P. (seal) Jno Claytor J.P. (seal) Bedford Clerks Office October 28th 1841 This Deed of Trust from James Greenwood to Isaac James trustee for the benefit of William Gish was produced in the office and together with the certificates annexed and written to record Teste R. C. Mitchell C. B. C. Transcribed by Edna McPherson [CLAYTOR, GISH, GREENWOOD, HOLCOMB, JAMES, MEWS, MUSE, OTEY, PATE] Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm