Last updated 29 May 2008
Page 192 - Henry Garner to C. H. McGinnis (Deed of Trust)
Page 264 - Jesse Jones to Henry G. Garner
Page 192 - Henry Garner to C. H. McGinnis (Deed of Trust)
Registered 2nd Jun 1838}
I Henry Garner of the County of Hardin and State of Tennessee have this day bargained sold and conveyed and by these present do bargain sell and convey unto Christopher H. McGinnis of the County and State aforesaid for the sum of five dollars to me paid and the Other Consideration herein after mentioned my interest which I have in & to the mill and plantation of Henry G. Garner Deceased containing fifty five acres the same being my undivided interest in said place and mill as aforesaid of which am I am legally entitled to and possessed of five shares out of nine in said place and mill which piece parcel or tract of land with the appurtenances and mill as aforesaid is in the second civil district in the County of Hardin and State of Tennessee a more full description of the same will now fully appear reference being had to the DEED which the aforesaid Henry G. Garner Deceased held for the aforesaid premises also one horse four head of cattle six head of hogs one bed and bedstead with all the furniture to him to have and to hold the same to the said Christopher H. McGinnis his heirs & Assign forever and the said Henry Garner oath Covenant and agree to and with the said C. H. McGinnis that he is lawfully possessed of said shares in the aforesaid premises & mill that he has a Good right as aforesaid to Convey the same and that this same is unencumbered and doth further Covenant and bind himself his heirs Executor and Administrator to warrant for ever defend to the title to the aforesaid premises and property and every part thereof to the said C. H. McGinnis his heirs and assigns against the lawful Claim of himself and heirs and all other persons whatever.
But this deed is made for the following use and trust and for no other purpose that is to say this deed of trust is made to secure Henry G. Garner who is my security in a note Given to Charles H. Eads for Eighty Dollars due six months after date and dated the 28th day of May 1838.. Said note is under seal and the said Henry Garner being anxious and desirous to secure and make certain the payment of the same and make safe the said Henry G. Garner. Now if the said Henry Garner should paid the said debt as aforesaid as the time the sum shall fall dew and thereby release the said Henry G. Garner from all liability in the aforesaid obligation than this deed to be void but if the sum should not be paid by me the said Henry Garner at the time aforesaid and the said Henry G. Garner as my security have the said note for the sum aforesaid to apy then the said C. H. McGinnis as trustee after giving ten days notice in writing at the Court house door in the town of Savannah & at the election Ground in the said second district may he is hereby Authorized to expose the said land mill & property as aforesaid to public sale and sell it at the highest bidder for Cash issue appropriate the proceeds first to payment of the necessary expenses & cash, secondly to the satisfaction of said debt of Eighty dollars with the interest if any occur and thirdly to pay the balance if any there be to me the said Henry Garner. In witness thereof we have hereunto et our hand & seal this 2nd day of June 1838.
Henry Garner [seal]
H. G. Garner [seal]
C. H. McGinnis [seal]
On the back of the foregoing is the following Certification. Personally appeared before Joseph W. Ellis Clerk of the County Court of Hardin County the within named bargainers Henry Garner, Henry G. Garner and Christopher H. McGinnis with whom I am personally acquainted and who acknowledged that they made and Executed the within deed of trust for the purposes therein Contained witness my hand at office this 2nd day of June 1838. J. W. Ellis Clerk
Submitted by Donnie PickardPage 264 - Jesse Jones to Henry G. Garner
This Indenture made and entered into this the 25th of August 1838 Between Jesse Jones of the County of Hardin and State of Tennessee of the one part and Henry G. Garner of the other part, of the county and State aforesaid Withnesseth that for in Consideration of forty Dollars to me in hand paid the Receipt is hereby acknowledged do bargain and sell and deliver a certain tract or parcel of land unto the said H.G. Garner Containing thirteen acres to his heirs a certain tract or parcel of land situated and lying in the county of Hardin and state aforesaid and Eight district on Range Creek in Range 13th Section One and bounded as follows to wit ~ Beginning at an Ell__ in the district line at the sixtieth mile tree in the West side of Kelly’s 1000 acre tract survey, thence west fifty six poles to a sugar tree thence North thirty seven pools to & Ash, thence East fifty six pools to a stake in Kelly’s West boundary line, thence South thirty seven pools to the Beginning. Containing thirteen acres with herediaments appurtenances to have and to hold the said tract or parcel of land with its appurtancies to the said H.G. Garner, his heirs and assigns for Ever from me the said Jesse Jones my heirs and all other persons whomsoever. In Testimony of I hereunto set my hand and affix my seal this day and date above written.
J. Jones [seal]
Attest none listed
On the back of the foregoing the following Certificate.
State of Tennessee}
Hardin County} Personally appeared before me Joseph W. Ellis Clerk of the County Court of Hardin County the within named Jesse Jones the bargainer with whom I am personally acquainted and who acknowledged that he made and executed the within deed witness my hand and affixed this 1st day of October 1838.
J.W. Ellis Clerk