Perry County, Alabama Deeds
Solomon Stewart to John Erwin And Richard D. Shackleford
Book B Page 67-70, 4 Dec 1830
By Cathy Morgan, email@example.com
This indenture made and entered into this 4th day of December AD one thousand eight hundred and thirty by and between Solomon Stewart of the County of Perry and State of Alabama of the first part and John Erwin of the County of Green and State of Alabama of the second part and Richard D. Shackelford of the County of Perry and State of Alabama of the third part. Witnesseth that whereas the said Solomon Stewart is justly indebted to the said Richard D. Shackelford in the sum of Ten Thousand Dollars as will more fully appear by six promissary notes for the sum of one thousand six hundred and sixty six dollars sixty six & two thirds cents bearing ... date herewith. the first due and payable the first day of March AD 1832. the second the first day March AD 1833. the third the first day of March AD 1834. the fourth the first day of March AD 1835. The fifth the first day of March AD 1836 and the sixth first day of March AD 1837. The whole which said debt due and payable as aforesaid with all the legal interest which may accrue thereon the said Solomon Stewart is willing and desirous to secure. Now this Indenture witnesseth that for and in consideration of the premises and also for the further consideration of one dollar to the said Solomon Stewart in hand paid by the said John Erwin at and before the ensealing and delivery of these presents the receipt whereof is hereby acknowledged he the said Solomon Stewart hath given granted bargained sold aliened enfeoffed, released and confirmed and by these presents doth give grant bargain sell alien enfeoff release and confirm to the said John Erwin his heirs and assigns forever the following described tracts or parcels of lands situate lying and being in the County of Perry and State of Alabama that is to say the north East quarter of Section five in Township twenty ....Range six in the land district of Cahaba one hundred and sixty ... acres, the west half of Section thirty two in Township twenty one of Range six in the land District aforesaid containing ....hundred and twenty acres, the north East quarter of Section six in Township twenty of Range six containing one hundred and sixty two acres in the Land District aforesaid and also the following slaves and other personal property to wit: one negro slave named Benjamin, one negro man named Lewis, one negro man named Henry, one negro man named Philip, one negro man named Levi, one negro woman named Tally and her negro children Martha, Caroline and Mary Ann, one negro man named Jack, one negro woman named Naomy (wife of Jack) and her eight children Esther a girl about seventeen, Jerry a boy about fourteen, Bob a boy about twelve, Isaac a boy about eight, Anthony a boy about five, ..elson a boy about three, John a boy about two and an infant, one negro man named Peter, one negro woman named Sarah and her three children Vincent a boy about seven,Margaret a small girl and an infant, one waggon and one yoke of oxen. With all and singular the appertenances to the said several tracts or parcels of land belonging or in anywise appertaining in the future increase of the females of said slaves and all the estate right title and interest of the said Solomon Stewart in and for the said granted or intended to be hereby granted tracts or parcels of land and premises with their appurtenances together with the aforesid Slaves and the future increase of the females thereof and all other personal property hereby conveyed unto the said John Erwin his heirs executors administrators and assigns forever. And the said Solomon Stewart for himself his heirs executors and administrators doth hereby covenant promise and agree to and with the said John Erwin his heirs executors administrators and assigns forever in manner and form of D..ing that is to say the said Soloman Stewart his heirs executors & administrators the aforesaid tracts or parcels of Land and premises with their appurtenances together with the aforesaid Slaves and the further increase of the females thereof and all the other personal property hereby conveyed unto the said John Erwin his heirs executors administrators and assigns against all persons whatever lawfully claiming shall and will forever warrant and defend by these presents ...Trust nevertheless that the said John Erwin his heirs executors & administrators shall permit the said Soloman Stewart to remain in quiet and peaceable possession of the said tracts or parcels of Land and premises with there appurtenances together with all the aforesaid slaves and other personal property hereby mentioned and ... the profits thereof to .... if default be made ...of any or either of the before mentioned (too dark to read bottom of page)and part thereof and upon this further trust that he the said John Erwin shall and will sell sixty days after the happening of any such default of payment (if so required to do by the said Richard D. Shackelford his executors administrators or assigns sell such part of the hereby granted premises either Land Slaves or other personal property as shall be necessary and sufficient for the purpose of paying the amount that may become due upon any such default of payment including all legal expenses that may ... any such sale or be incurred by any such default of payment at publick auction for ready money to the highest bidder in the Town of Greensborough giving at least thirty days previous notice of the time and place of sale by advertisements to be set up at the door of this Courthouse in Perry County the door of the Court House in Green County and at said publick place in the Town of Greensborough and out of the monies arising from any such sale shall after satisfying all the charges and expenses thereof and all other expenses that may be incurred pay to the said Richard D. Shackelford the amount .... there be due to him for principle and interest & if so much shall have been made and the balance if any shall be paid to the said Soloman Stewart his heirs executors administrators and assigns and for every default of payment in the premises of record the said John Erwin shall in manner aforesaid proceed and sell as aforesaid and dispose of the incomes and proceeds as aforesaid. It is however distinctly understood by the parties to these presents and they hereby agree to the same that the said Soloman Stewart his heirs executors and administrators are to have possession and enjoy the right power and privelege of disposing of and selling at private sale any or all of the before mentioned tracts or parcels of Land and any or all of the before mentioned slaves or any part or all of the other personal property herein before mentioned provided such sale or sales be made in good faith for ready money only and the same apply to the payment of the promissary notes and debts herein before mentioned. But if the whole of the said sum of Ten Thousand Dollars shall be fully paid off and discharged to the said Richard D. Shackelford his executors and administrators at the time and in the manner herein provided so that no default be made in the payment of the said sum of Ten Thousand Dollars or any part thereof according to the provisions and ...of this indenture then this indenture to be void...else to remain in full force and virtue. Witness whereof the said parties to these presents have hereunto set their hand and affixed their seals the day and year first above written. S.Stewart, J Erwin, Richd Shackelford The following words was inserted before signing sealing or delivery (unreadable). Signed sealed and delivered in the presence of W.N. Moffett, Jno Street(?)
The State of Alabama Perry County Personally appeared before me Dunklin Sullivan Judge of the County Court of said county of Perry the above named Soloman Stewart who acknowledged that he signed sealed and delivered the foregoing deed on the day and year therein mentioned to the aforesaid John Erwin given under my hand and seal this 5th day of Janry 1831 D. Sullivan presiding Judge of the County Court of Perry County.
The State of Alabama Perry County Personally appeared before me Dunklin Sullivan Judge of the County Court of said County of Perry the above named Richard D. Shackelford who acknowledged that he signed and sealed the foregoing deed for the purpose therein mentioned. Given under my hand and seal this 5th day of January 1831 Dunklin Sullivan Presiding Judge of the County Court
The State of Alabama
I David McCullough Clerk of the County do certify that John Erwin the trustee to the foregoing deed of trust personally appeared before me and acknowledged that he signed and sealed said deed as the trustee thereof on the day and year therein mentioned and for the purposes therein por...set forth. In testimony of which I have hereunto set my ...private seal there being no seal of office. At office 31st day of December Ad 1830 fifty fifth year of the American Independence
Recorded January 3rd 1831
(This document is faded, water spotted and smudged)
16 May 2000
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