Daugherty, L. / Fitzgerald, G. (1917)
LAUDERDALE COUNTY REGISTER’S OFFICE RIPLEY, TENNESSEE
L.L. DAUGHERTY & WIFE to GUS FITZGERALD. DEED. Know all men by these presents
that we L.L. DAUGHERTY and wife ELLA DAUGHERTY, of Gold Dust Lauderdale
County, Tennessee, for the consideration of $2500.00 cash in hand paid, the receipt
of which is hereby acknowledged, and further consideration of one note of this
date for $1500.00 executed by GUS FITZGERALD and due and payable Dec 1st 1917,
and one other note of this date for $500.00 drawing interest from this
date, executed by said GUS FITZGERALD and due and payable December 31,1918 have
this day bargained and sold and do by these presents bargain, sell, transfer and
convey unto the said GUS FITZGERALD the following described two tracts of land
lying adjacent to each other, both situated in the 5th Civil District of
Lauderdale County, Tennessee and bounded as follows: FIRST TRACT: being a part
of the lands conveyed by J.W. RAINEY to J.A. PORTER and J.R. LEWIS: “BEGINNING at a
stake in the west boundary line of the said tract sold by RAINEY to PORTER and
LEWIS; runs thence south 4 1/2 degrees east 57 4/5 poles to a stake; thence
north 85 1/2 degrees east 40 poles and 19 links to a stake in a lane; thence
north 9 1/2 degrees west 61 1/25 poles to a stake; thence south 9 degrees west
35 and 3/5 poles to the beginning, containing 14-49/160 acres more or less, but
these calls are not intended to convey the tract of land down to the waters edge
of the Mississippi River, the said tract herein conveyed being the same land
conveyed to me, L.L. DAUGHERTY by JAMES A. PORTER and J.R. LEWIS on June 4th,1906 by
deed recorded in the Register’s Office of Lauderdale County, Tennessee in Deed
Book XX, Page 44; with the exception of two acres of land or there about, conveyed
by me,L.L. DAUGHERTY and wife to ____MOORE and ____MOORE on the ___day of
___1917, by deed which has not yet been recorded, but said two acres lies in the
northeast corner of the tract herein described and is about ____poles north and
south and ___ poles east and west, and is bounded on the east by a road or lane
and on the north by Mississippi River, which two acres of land or there about is
to be excluded from this conveyance.
SECOND TRACT: “BEGINNING at a stake on the Ashport and Gold Dust road, from which
stake north 11 1/2 degrees east 49 links stands a privett pointer, JOHN
W. RAINEY’S southwest corner; runs thence along said road with its meanders as
follows: north 83 1/4 degrees west,23 1/10 poles; north 41 degrees west 16 7/10
poles; north 26 1/4 degrees west 26 4/5 poles north 45 3/4 degrees west 44 4/10
poles; north 50 3/4/degrees west 35 3/5 poles; north 52 3/4 degrees west 48 4/5
poles to a stake; thence north 4 1/2 degrees west 14 poles to a stake at the
waters edge of the Mississippi River at low water mark; thence up said river with
its meanders on a straight line north 82 3/4 degrees east 86 poles to a
stake, said RAINEY’s northwest corner: thence south 4 1/2 degrees east with
RAINEY’s line 50 1/2 poles to his corner, a stake in the field; thence north 85
1/2 degrees east with RAINEY’s line 48 poles to his corner again, a stake in the
field; thence south 40 1/2 degrees east with RAINEY’s line 95 1/2 poles to the
beginning, containing 51 1/2 acres moreless. But there is included within the
above boundaries of the last described tract, two small tracts of land heretofore
conveyed by us to different parties, which are to be excluded from this
conveyance, and which are in the northwest corner of said tract and bounded as
follows: One tract conveyed by us to M. SHOEMAKE June 18th,1906, by deed recorded
in the Register’s Office of Lauderdale County Tennessee in deed book XX Page 60:
BEGINNING at a stake; thence south 52 3/4 degrees 10 poles to a stake; thence
north 80 1/2 degrees east 25 poles to a stake; thence north 4 1/2 degrees west
18 poles to a stake in the Waters edge of the Mississippi River; thence down
said river with its meanders in a straight line south 82 1/2 degrees east 32
poles to a stake; thence south 4 1/2 degrees east 11 poles to the
beginning, containing 3 and 64/160 acres. ANOTHER TRACT conveyed by us March
1st,1906 to MRS.FANNIE HALLIBURTON by deed recorded in said Register’s Office in
Deed Book XX Page 61: BEGINNING at the SHOEMAKE southwest corner; thence runs
north 80 1/2 degrees east 18 poles to a stake; thence north 4 1/2 degrees west
18 poles to a stake; thence south 80 1/2 degrees west 18 poles to a stake at the
waters edge, at low water mark of the Mississippi River, thence down said river
with its meanderings on a straight line 18 poles to the beginning, containing two
acres more or less.
TO HAVE and to hold said tracts and parcels of land to said GUS
FITZGERALD, together with all of the apperunances and heraditaments thereon to
belonging, his heirs and assigns forever in fee simple. AND I, MRS.ELLA
DAUGHERTY, wife of the said L.L. DAUGHERTY, hereby join in this conveyance and
sell, relinquish and convey unto the said GUS FITZGERALD his heirs and assigns
all my rights of homestead and dower in and to said tracts of land. An express
lien is hereby retained on said tracts of land to secure the payment of the two
said notes of $1500.00 and $500.00 described herein above. Possession of said
land is not to be delivered to said GUS FITZGERALD until February 1st,1918 and
not then unless and until the said $1500.00 note has been paid. We warrant that
we are lawfully seized and possessed of said tracts or parcels of land, and that
we have a good and lawful right to sell and convey the same; that the same are
unencumbered, except by the said vendors lien to secure the payment of two
purchaser money notes and we will warrant and forever defend the title to said
tracts of land to the said GUS FITZGERALD, his heirs and assigns against the
lawful claims of all person whomsoever, except as against the claims of the
holder of vendors lien notes. And I, L.L. DAUGHERTY, for consideration of $10.00 to
me cash in hand paid the receipt of which is hereby Acknowledged have this day
and do hereby sell and transfer to the said GUS FITZGERALD the policies of
Insurance, both fire and tornado, on the dwelling house and barn on said place
which I hold in the Virginia Fire and Marine Insurance Company and the Aetna
Insurance Company of Hartford, Conn., And I, G.M. PARTEE, of Ripley, Tennessee, the
holder of certain notes against the said L.L. DAUGHERTY, secured by Deed of Trust
executed by L.L. DAUGHERTY and wife to W.W. CRAIG Trustee on January
5th,1915, recorded in Trust on Realty Book No.12 Page 99 and 100 in the
Register’s Office of Lauderdale County, Tenn., hereby agree to the sale of the two
said tracts of land embraced in my said deed of trust, and do further release and
relinquish all my liens and claims against the same to the said GUS FITZGERALD.
In witness whereof we have hereunto subscribed our names on this October 29th
1917. L.L. DAUGHERTY. ELLA DAUGHERTY. G.M. PARTEE. State of Tennessee Lauderdale
County; Personally appeared me, HUGH DAVIS, a Notary Public in and for said county
MRS.ELLA DAUGHERTY wife of L.L. DAUGHERTY the within named bargainors, with whom I
am personally acquainted, and who acknowledged that she executed the within
instrument for the purpose as therein contained. And ELLA DAUGHERTY, wife of
L.L. DAUGHERTY having appeared before me privately and apart from her husband, the
said ELLA DAUGHERTY acknowledged the execution of said instrument to have been
done by her freely, voluntarily and understaningly, without compulsion or
constraint from her husband, and for the purposes therein expressed. Witness my
hand and seal of office at office in Plum Point, Tenn., this 20th day of November
1917.
State of Tennessee, Lauderdale County: W.DAN MAJORS, A Notary Public in and for
said County; Personally appeared before me, G.M. PARTEE and L.L. DAUGHTERY the
within named bargainers, with whom I am personally acquainted, and who
acknowledged that they executed the within instrument for the purpose therein
contained. Third 29 day of October 1917.W.DAN MAJORS, Notary Public. PRESENTED FOR
REGISTRATION: on the 11th day of December 1918 at 10:20 o’clock a.m.
W.L. DURHAM, Register.