Goochland County VA - Indenture, Edward Lowry, 1840

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From: "Karen L. Salisbury" <ksalisbury@ccsinc.com

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INDENTURE 1 FEBRUARY 1840

This Indenture made this first day of February one thousand eight hundred
and forty between Edward Lowry of the County of Goochland and state of
Virginia of the first part and Mohn M. Jordan and Owen C. Morris of the
County and state aforesaid of the second part, and John Martin Jr. of s'd
county and state of the third part.  Whereas the said Lowry is greatly
indebted tot he said John Martin Fr in the sum of three hundred thirty six
dollars and thirty two cents as will fully appear by reference to a bond
executed by said Lowry to the said Mrtin for that amount due and payable on
the 27th day of December 1839, which debt the said Lowry is willing and
desirous to secure.  Now this indenture Witnesseth, that for and in
consideration of the premises and for the further consideration of one
dollar in hand paid by the said Jordan & Morris at and before the sealing
and delivery of these presents the receipt whereof is hereby acknowledged,
he the said Edward Lowry hath given granted, bargained, and sold and by
these presents do give grant bargain and sell unto the John M. Jordan and
Owen C. Morris their heirs or assigns the following property to wit:  One
mare, saddle and bridle with the increase of the mare, one pide (sic) cow
and calf and one yearling with the increase of the same, eight head of hogs
with their increase, three feather beds with the steads and furniture, one
beaureau, one cupboard, one clock, one shot gun and rifle, one folding
table, eight chairs, one stove, one truck and one dressing table, and all of
the said Lowry's kitchen furniture , the right and title of all the within
mentioned property the said Lowrey binds himself his heirs and assigns to
warrant and forever defend free from himself on the claims of others to the
said Jordan & Morris their heirs or assignes.  Upon trust nevertheless, the
said John M. Jordan & Owen C. Morris shall permit the said Lowrey to keep
the aforesaid property in quiet and peaceable possession until the within
named John Martin Jr. may demand the payment of the within named debt of the
said Lowry and then if there should be any default in the payment of the
same and the said Martin or his representative shall so direct it shall be
the duty of the said Jordan & Morris or either of them after advertising of
the same at two public places in the neighbourhood ten days previous to the
sale proceed to sell the said property at public auction for each and apply
the proceeds to the payment of said debt, but in the event of the property
selling for more than the amount of said debt with its interest and costs
attending the same, the balance if any, it shall be the duty of the said
Jordan & Morris or either of them to pay over to the said Lowry or his
representatives, or if the amount of the within named bond with its interest
shall be paid when demand is made and there is no default in the payment
then and in that case this Instrument of void, or otherwise to remain in
full force ____.  In Witness whereof, the parties to these presents have
hereunto set their hands and seals the day and date just written.
Sealed & delivered in presence of,    /s/ Edward Lowry, his mark and seal

In Goochland County Court, Clerk's Ofice, 15th August 1840.  This Indenture
of trust was this day acknowledged before me by Edward Lowry to be his act
and deed, and admitted to record.
  Teste, Wm. Miller, Clk.