Fitzgerald, W. / Fitzgerald, L. (1939)
STATE OF TENNESSEE LAUDERDALE COUNTY COUNTY REGISTER’S OFFICE DEED BOOK C-4
PAGE 611
WILLIS FITZGERALD TO LURTON A. FITZGERALD. DEED. 91.1 ACRES. KNOW ALL MEN BY
THESE PRESENTS: I, WILLIS FITZGERALD, for and in consideration of the matters
hereinafter set out have this day bargained and sold and do hereby
bargain, sell, transfer and convey unto LURTON A. FITZGERALD, his heirs and assigns
forever in fee simple, a certain tract or parcel of land together with all
improvements, appurtenances and hereditaments thereunto belong, lying and being in
the 5th Civil District of Lauderdale County Tennessee To Wit: Being a part of
292 acre tract conveyed by JACOB BYLER to JAMES JOHNSTON, BEGINNING at a stake
in a private road running from the Mississippi River back south into the bottom;
runs thence south 89 3/4 degrees west 52 1/2 poles to a stake in HENRY
DAUGHERTY’s east boundary line; thence south 4 degrees east with said line 8 1/2
poles to a stake, said DAUGHERTY’s southeast corner; thence south 83 3/4 degrees
west with said DAUGHERTY’s south boundary line 51 poles to a stake in
W.E. LAMBETH’s east boundary line, said LAMBETH’s line 162 1/5 poles to a
stake, the northwest corner of the KYLE A. STONE tract; thence south 89 degrees
east with STONE’s north boundary line 71 2/5 poles to a stake in the road;
thence with the meanders of said road as follows; north 9 1/4 degrees 40
poles, north 3 1/4 degrees east 30 poles, north 6 3/4 degrees east 58 4/5
poles, north 18 degrees east 28 4/5 poles, north 68 3/4 degrees west 5 2/5 poles;
thence north 15 3/4 degrees east 17 64/100 poles to the BEGINNING, containing 91
1/10 acres, more or less. Being the same tract conveyed to WILLIS FITZGERALD by
deed of GUS FITZGERALD et ux of record in Deed Book Z-3, Page 637 of the
Register’s office at Ripley, Tennessee to which reference is here made. TO HAVE
AND TO HOLD said real estate unto the said LURTON A. FITZGERALD, his heirs and
assigns forever in fee simple. I am an unmarried man and have no wife to join in
this instrument and I am at this time and have been for some time a non-resident
of the State of Tennessee. I COVENANT that I am lawfully seized and possessed of
said real estate; that I have a good and lawful right to sell and convey the
same; that the same is unencumbered except by a deed of trust of record in
Realty Trust Book 40, Page 585 et seq of the Register’s Office of Lauderdale
County, Tennessee securing a loan owing to the Land Bank Commissioner, originally
for $2700.00, but the amount due thereon as of June 1,1939 is the sum of
$2430.00, which is payable in semi-annual premiums of $135.00 on December 1st and
June 1st of each year, with interest, originally contracted at 5%, but the present
rate of interest is 4%; and that I will warrant and defend the title to said
real estate unto the said LURTON A. FITZGERALD, his heirs and assigns, against the
lawful claims of all other persons whomsoever.
The consideration for this conveyance is FORTY-six hundred ($4600.00) Dollars
paid and to be paid as follows: Amount, Commissioner’s Loan as of June 1.1939:
$2430.00; Including interest thereon: $8.10 for total of $2438.10; Outstanding
rent note: $700.00 for $3138.10 total; Balance Cash: $1461.90 for total of
$4600.00. The Vendee hereby assumes and agrees to pay said Land Bank Commissioner
indebtedness of $2438.10 and is not to receive possession until January 1,1940
and all rents, issues and profits from said land during the year 1939, including
said rent note shall belong to and remain the property of the Vendor and the
Vendor hereby acknowledged receipt of said balance of said
consideration, namely, $1461.90 in cash. Out of said cash the Vendor has paid all
taxes including taxes for the year 1939 and has paid the Land Bank Commissioner
all amounts due on said load including insurance premium so that the amount
owing under said loan is as stated hereinabove $2430.10. It is understood
between the parties hereto that the Vendee has obtained said cash consideration
from C.C. PARTEE of Memphis, Tennessee for which he has executed his note due
January 10,1940, and an express Vendor’s Lein is hereby retained on said real
estate to secure the payment of said note which in fact constitute a part of the
purchase price on said land. IN WITNESS WHEREOF, I have hereunto subscribed my
name on this the 27th day of June 1939. WILLIS FITZGERALD. State of Tennessee
Lauderdale County Personally appeared before me, the undersigned Notary
Public, in and for said county, WILLIS FITZGERALD, the within bargainer, with whom I
am personally acquainted, and who acknowledged that he executed the within
instrument for the purposes therein contained and as his free act and deed.
Witness my hand and seal of office at office in Ripley, Tennessee this June
27th,1939. B.C. DURHAM Jr., Notary Public. PRESENTED FOR REGISTRATION on the 30th
day of June 1939 at 9:35 o’clock a.m. J.M. CURRY? CARNY? Register.