Rigney/Rigney Trust Deed, 1844 Deed Book D Page 19 RIGNEY From – Trust Deed RIGNEY This indenture made this 17th day of August 1844 between ANDREW RIGNEY of the County of Floyd and State of Virginia of the one part and HENLEY RIGNEY of the second part and ELIJAH RIGNEY of the 3rd part accomplish (?sp.) that whereas the said ANDREW RIGNEY is justly indebted to the said HENLEY RIGNEY in the sum of $50.00 due by account which dates (states?) he is willing and anxious to secure the said HENLEY RIGNEY. Now, therefore, this indenture witnesseth (?) that the said ANDREW RIGNEY, for and in consideration of the promises and for the further consideration of the sum of one dollar to him paid by the said ELIJAH RIGNEY the receipt whereof is hereby acknowledged , hath both bargained and sold and by these presents doth bargain sell and convey unto the said ELIJAH RIGNEY the following land or parcel of land beginning and being in this county of Floyd on the head of Falling Branch containing by estimate 25 acres of land more or less and adjoining the lands of the HELMS heirs and MOLLY BOWLS and bounded as follows to wit: beginning at a chestnut a corner into MOLLY BOWLS thence with the line S72E88 poles to a black oak chestnut oak and corner to the land formerly belonging to JOHN CARTER. Thence leaving the former and running north the latter N20 E84 poles to a chestnut oak and locust in said line. Thence leaving N 14W72 poles to a spanish oak S2 W 32 poles to a white oak and chesnut a corner to land of HELMS heirs thence N32 49 poles ________-(illegible) a branch to a chestnut oak N84W50 poles to a white oak in a line of BENJAMIN HOWELLS land then with the same S5 E25 poles to the beginning together with all and singular the appurtenances thereto belonging to the said trust or parcel of land, to have and to hold the same to him the said ELIJAH RIGNEY his heirs to the only proper use and behalf (behoof?) of him the said ELIJAH RIGNEY his heirs and assigns forever, and the said ANDREW RIGNEY for himself and his heirs doth covenant promise and agree to and with the said ELIJAH RIGNEY and his heirs ---(illegible) that he the said ANDREW RIGNEY the said tract or parcel of land to the said ELIJAH RIGNEY his heirs and assigns against the claiming or claims of him the said Andrew RIGNEY his heirs assigns and all other persons whomsoever shall and will by these presents warrant and define. Upon trust nevertheless that if the said ANDREW RIGNEY his heirs or assigns shall on or herefore the 17th day of August 1846 well and truly pay to the said HENLY RIGNEY the aforesaid sum of $50.00 with interest thereon from the date hereof and the cost attending the execution of this trust then this indenture and every thing herein contained shall be null and void. But if on the aforesaid 17 day of August 1846 the said sum of money in any parts thereof or the costs attending the execution of this trust shall be and remain unpaid, then in and in that case it shall and may be lawful for the said ELIJAH RIGNEY to dispose (?sp) to sale by public auction for ready money at Floyd Courthouse having first given public notice in writing put up at the principle door of Floyd Courthouse at least 20 days previous thereto and out of the proceeds of said sale first pay the costs attending the execution of this trust and next pay the aforesaid sum of $50.00 together with the interest that may be due thereon, and lastly pay the remainder of any to the said ELIJAH RIGNEY or his legal representatives and it is agreed between the said parties that the said ANDREW RIGNEY is to remain in ------- (quit? –illegible) possession of the said land until default be made. In witness whereof the parties to these presents have been hereunto set their hands and affixed their seals the day and year before mentioned. In the clerks office of the Floyd County Court 17th August 1844. This dead of trust from ANDREW RIGNEY to ELIJAH RIGNEY trustee for the benefit of HENLEY RIGNEYwas acknowledged by all parties and admitted to records. Teste J. Zentmeyer Signed by Andrew Rigney (mark ),Elijah Rigney, Henley Rigney On the side of the document is noted: Received of ANDREW RIGNEY $50.00, the full amount of the debt specified in the -------(illegible) trust deed and the same being now fully paid . I hereby declare the said deed null and void as specified in the said deed and do hereby relinquish and renounce all claim to the land and all benefit that might result or be claimed and by so deed given under my hand this 25 day of September 1844. Signed w/ signature of HENLEY RIGNEY. (Submitter note - This deed was reviewed for me by a researcher for an explanation of its terms. They are: 1844 Floyd County It is, indeed, a deed of trust. Today we would call it a mortgage. Andrew borrowed $50 from Henley. He had to offer security that the debt would be paid by a certain time. Therefore, he made a conditional deed for his tract of land to Elijah as security for the debt. Elijah was to hold the land "in trust." If Andrew paid Henley on time, the deed would be void. If, however, he was not able to pay Henley on time, then Elijah had authority to sell the land at a public auction for whatever amount he could get for it, then pay Henley from the proceeds of the sale (and give the remainder of the money, if any to Andrew. Andrew paid Henley on time, so the deed was made void.) 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