DEED:  Abijah Warren to John R Stout; Harrison Co, WV

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Transcribed and submitted by:  Cathy Warren
                               
DeedBook 29 Pages 628-629
Abijah Warren
To John R. Stout & J & R Davis

Deed Trust

This Indenture made this 19th day of February in the year one thousand 
eight hundred and 42 between [          ] Warren of the County of 
Harrison and State of Virginia [            ] first part Burton Despard 
trustee of the County & State [          ] of the second part and 
John R. Stout & John & R. Davis of [           ] and State aforesaid, 
of the third part, Witnesseth that the said John R. stout did on the 
17th day of Jan'y [              ] come at the instance of said Warren 
his Security [         ] certain abligations to John & R Davis for the 
sum of [           ] making in all $100. the one due 1st of March 1842
[         ] other due 1st of October 1842 and the said Despard being 
willing and desirous to indemnify and [          ] harmless said J R 
Stout in said undertaking as we[       ] secure the payment of which 
debts with the acc[          ] interest thereon to said Davis'. Now 
this In[         ] Witnesseth that the said Abijah Wearren for and 
[             ]deration of the premises and also in consideration 
[          ] dollar, lawful money of Virginia in hand pe[            ] 
the said B. Despard trustee the receipt where[        ] hereby 
acknowledged hath granted, bargained, sold [     ] enfeoffed, released 
and confirmed and by these [              ] doth grant, bargain, 
sell, alien, enfeoff, release, [            ] unto the said Burton 
Despard trustee his heirs [                    ] forever all the 
following described personal property  [           ] milk cows, 
two yearling heifers, four head h[        ] six head sheep - twelve 
head hogs to stills and ten still tubs - 2 kegs & 2 Buckets two 
bureaus - one clock - two beds and bedding one cupboard and cupboard 
ware and all the rest of the household and kitchen furniture belonging 
to the said Warren   To have and to hold the above described personal 
property to the said B. Despard Trustee his heirs and assigns forever, 
to and for the only proper use and behoof of the said B. Despard trustee 
his heirs and assigns forever.  And the said A Wearren for himself his 
heirs &c do hereby covenant to & with the said B. Despard trustee his 
heirs and assigns forever that he will forever warrant and defend the above 
described personal property to the said B. Despard trustee, his heirs 
and assigns forever, against all persons & claims whatsoever - Upon trust 
nevertheless, that the said B. Despard trustee his heirs &c shall permit 
the said Wearren to remain in quiet and peacable possession of the above 
described personal property until default be made in the payment of the 
said sums of money or either of them either in the whole or in part and 
then upon this further trust, that so soon after happenings of such default 
of payment as he may think proper or the said John R. Stout or his 
representatives or said Davises may request, it shall be lawful and the 
duty of the said B. Despard to sell the above described personal 
property or such part thereof as the said Trustee shall think sufficient 
for the purpose for ready money at public auction after having fixed the 
time and place of sale at his own discretion and given ten days notice 
thereof by advertisement set up at the door of the Court House of Harrison 
County and out of the monies arising from such sale, shall after satisfying 
the costs & charges thereof and all other costs and expenses attending the 
premises pay the said John & R Davis if said Stout hath not been compeled to 
pay the same the amount of said two obligations with the costs & interest 
which may have lawfully accrued thereon and the balance if any shall pay 
to the said A Wearren, but if said Stout should have had to pay the same 
then said Trustee shall out of the proceeds of said property pay the amount 
of said obligations with the interest and costs that may have accrued 
thereon to said John R Stout. But if the whole of the said obligations be 
paid off and said Stout['s] liability discharged as such security on or 
before said obligations become due and payable respectively and at the times 
fixed for the payment thereof so that no default of payment of the said 
obligations or either of them be made then this Indenture to be void or 
else to remain in full force and virtue. In testimony whereof the parties to 
these presents have hereunto set their hands & seals the day & year above written

A Warren (Seal)


Virginia. Be in remembered that this deed was acknowledged by grantor & admitted 
to record in Harrison County Court Clerk's office Feb. 21st 1842

Attest Eli Marsh Clk