Parrish, W. / Fitzgerald, G. (1936)
DEED W.A. PARRISH et ux Laura PARRISH to G.L. FITZGERALD et ux Mattie FITZGERALD
and G.L. FITZGERALD and wife Mattie FITZGERALD to Deed of Trust B.C. DURHAM Jr
TRUSTEE
DEED BOOK A–4 Pages 418-19-20 Register’s Fee $2.25 J.M. CARNEY Register
Filed Dec.30 1936
STATE OF TENNESSEE} } LAUDERDALE COUNTY} Know All Men By These Presents:
We, W.A. PARRISH and wife Laura J. PARRISH, for the considerations hereinafter have
the day bargained and sold and do hereby bargain, sell, transfer and convey unto
Gus L. FITZGERALD and wife, Mattie FITZGERALD, as tenants by the entirety, their
heirs and assigns forever in fee simple a certain tract of land with all the
improvements thereon situated in the 11th district of Lauderdale
County, Tennessee and bounded as follows: to wit:
BEGINNING at the northwest corner of the tract given to J.W. PITTS in the
division of the Pitts land at a stake,2 dogwood and gum pointers; thence east 110
poles to a poplar marked xxSE; thence south 109-2/3 poles to a stake, the
LIGHTFOOT heirs southeast corner; thence west 110 poles to a stake in the
Lightfoot’s north boundary line; thence north 109-2/3 poles to the
BEGINNING, containing 75 acres, more or less.
Being same tract of land conveyed to James E.GILLESPIE by deed of Henry T.PITTS
of record in Deed Book W pg 175-6 of the Register’s office of Lauderdale
County, Tennessee, and set aside to Laura GILLESPIE, noe Laurs J. PARRISH, in the
case of Gillespie vs Gaines, County Court of Lauderdale County, Tennessee
{1896}, Minute Book S, pages 180 et seq., to which reference is here made.
Also, a roadway conveyed to vendors herein by deed of V.T. LIGHTFOOT et al of
record in said register’s office in Deed Book D-3, pgs 512-13 of the Register’s
office of Lauderdale County, Tennessee, to which reference is here made and is
described as follows;
BEGINNING at an iron stake in the Ripley and Lightfoot road; runs thence 20 feet
to a stake; thence north our tract of land to a stake in the south boundary of
the W.A. PARRISH land, said line north being parallel with the northwest corner of
the J.B. GRIGGS land sold to him by W.W. CRAIG, said corner of J.B. GRIGGS land
being an iron stake which stands sixteen feet west of a persimmon; thence east 20
feet to J.B. GRIGGS northwest corner; thence south with GRIGGS and our dividing
line to the beginning point, containing one-fourth of an acre, more or less.
TO HAVE AND TO HOLD the above described tract or parcel of land together with all
and singular the tenements, hereditaments improvements and appurtenances
thereunto belonging unto the said G.L. FITZGERALD and wife Mattie FITZGERALD, as
tenants by the entirety their heirs and assigns forever in fee simple. We
COVENANT THAT WE are lawfully seized and possessed of the same and that the same
is unencumbered except as hereinafter shown and that we will warrant and forever
defend the title to the said real estate unto the said vendees, their heirs and
assigns against the lawful claims of all persons whomsoever.
POSSESSION is to be given the vendees January 1,1937, but T.T. HODGE, tenant, has a
verbal contract with the vendors herein for 1937 on a rental of 1/3 of the corn
and 1/4 of the cotton and vendees know of this contract and are to carry it out
with T.T. HODGE and all rents are to be paid the vendees herein.
THE CONSIDERATION of this conveyance is $3,000 of which amount $2,000 is cash in
hand paid to us, the receipt of which we hereby acknowledge and the balance of
$1,000 is represented by two notes of even date herewith each due December
1,1937 and December 1,1938 respectively, payable to the order of vendors
herein, said notes bear 6% interest from Dec.30,1936.
AN EXPRESS VENDOR’S LIEN in hereby retained on the said land hereby conveyed to
secure the payment of the said two notes above described.
IN WITNESS WHEREOF we hereunto suscribed our names this December 30,1936. LAURA
J.PARRISH W.A.PARRISH
DEED OF TRUST TO FACILITATE THE ENFORCEMENT OF VENDOR’S LIEN ABOVE RETAINED
And now in order to facilitate the enforcement of the vendor’s lien retained
hereinabove but in no manner to waive or relinquish the same, we G.L. FITZGERALD
and wife Mattie Fitzgerald hereby bargain, sell, transfer and convey unto
B.C. DURHAM, Jr., Trustee, his successors in trust and assigns the hereinabove
described and conveyed tract or parcel of land, to have and to hold the said
lands together with all and singular the lands, tenements, hereditaments and
appurtenances thereunto belonging unto the said trustee his successors in trust
and assigns forever in fee simple.
If we shall well and truly pay the two said notes above described when the same
shall become due and payable then this deed of trust shall be void and for
nothing to be held, BUT NOW IF WE DO NOT PAY THE SAID indebtedness above
described and hereby secured the trustee is authorised to take immediate
possession of the said tract or parcel of land and after advertizing the same
for sale for twenty days or more than five written printed or typewritten posters
or handbills, posted one at the courthouse in Ripley, Tennessee, one in the civil
district where the property is located, and in three other public places in
Laurderdale County, Tennessee and within legal hours at the west door of the
courthouse in Ripley, Tennessee, expose and offer the said land for sale at public
outcry to the highest and best bidder for cash in bar of equity of redemption
and repurchase; the same being hereby expressly waived by us, and made a deed to
the purchaser.
OUT OF THE PROCEEDS of said sale the trustee will pay all the costs of this deed
of trust, including compensation of the trustee in the amount of 5% of the total
proceeds of said sale and an attorneys fee of 10% if an attorney is employed the
said indebtedness or any part thereof with or without a suit, and then the said
trustee will pay all sums expended under the terms of this trust such as taxes
etc., and then pay the indebtedness hereby secured and the balance if any he will
pay over to our order.
WE AGREE; 1. To keep all taxes on the said property paid up to due.
2. To keep the improvements on the said property in good repair and insured in
some reliable insurance company against loss of fire and windstorm with the loss
payable to the holder of the said indebtedness as his interest may appear.
3. That in event we fail, refuse or become incapacitated to do so, then the
trustee or holder of the said indebtedness hereby secured may do or have the
same done for us at our expense and the costs of doind so shall be a part of the
indebtedness hereby secured and the holder may at his option proceed to
foreclose this deed of trust.
4. The within named trustee and shall be expressly excused from qualifying as
such in the county court of Lauderdale County etc., and in the event the trustee
so named therein shall be absent, fail, or refuse to act when the holder of the
said indebtedness may by writing duly signed, acknowledged and recorded in the
register’s office of Lauderdale County, Tennessee, appoint and substitute another
trustee to act in his place and stead and the trustee so appointed shall have
all the rights, powers, privileges as herein given to the within named trustee, and
the holder of the said indebtedness may do so as often as is necessary to carry
out the terms and purposes of this deed of trust.
Witness our hands this December 30,1936.
G.L. FITZGERALD
Mattie FITZGERALD
STATE OF TENNESSEE LAUDERDALE COUNTY
Personally appeared before me the undersigned notary public in and for the said
state and county W.A. PARRISH and wife Laura J. PARRISH and G.L. FITZGERALD and
wife Mattie FITZGERALD with whom I am personally acquainted and to me known to
be the persons described in and who executed the within and foregoing instrument
and who acknowledge the same as their free act and deed for the purposes therein
contained.
Witness my hand and seal of office at office in Ripley, Tenn., this December
30,1936. C.S. CARNEY, Jr. Notary Public My commission expires January 9,1940.