{"id":3628,"date":"2022-01-31T17:56:46","date_gmt":"2022-01-31T23:56:46","guid":{"rendered":"https:\/\/tngenweb.org\/lauderdale\/?p=3628"},"modified":"2022-01-31T17:56:46","modified_gmt":"2022-01-31T23:56:46","slug":"midyett-r-durham-b-1922","status":"publish","type":"post","link":"https:\/\/tngenweb.org\/lauderdale\/2022\/01\/31\/midyett-r-durham-b-1922\/","title":{"rendered":"Midyett, R. \/ Durham, B. (1922)"},"content":{"rendered":"<p>DEED BOOK L-3 PAGES 520 &amp; 521&#8211;<\/p>\n<p><strong>R.M.MIDYETT<\/strong> &amp; Wife to W.L. MIDYETT &amp; Wife (DEED)<br \/>\nto <strong>B.C. DURHAM<\/strong>, (TRUSTEE). State of Tennessee, Lauderdale. Know all men by these<br \/>\npresents, that we, R.M. MIDYETT and wife, MRS. JULIA MIDYETT, for and in Consideration<br \/>\nof Five hundred dollars, $100 of which is cash in hand paid, the receipt of which<br \/>\nis hereby acknowledged, and the balance of $400.00 evidenced by four promissory<br \/>\nnotes of even date herewith which W.L. MIDYETT and his wife, MATTIE MIDYETT, have<br \/>\nthis day executed to R.M. MIDYETT for $100.00 each due on the 15th day of<br \/>\nNovember 1923,1924,1925 and 1926, inclusive, have this day bargained and sold and<br \/>\ndo by these presents hereby bargain, sell, transfer and convey unto<br \/>\nW.L. MIDYETT, his heirs and assigns forever in fee simple the following described<br \/>\nlots or parcels of land, lying, situate and being in the 14th Civil District of<br \/>\nLauderdale County, Tennessee, and being the same lots or parcels of lands conveyed<br \/>\nto R.M. MIDYETT and JULIA MIDYETT, by deed of said I.W. PACE and wife of date 30th<br \/>\nSeptember 1921, which, we are this day having registered in the Register&#8217;s Office<br \/>\nand same will appear in Deed Book)-3 at same; that we have a good and lawful<br \/>\nright to sell and convey the same; that the same is unencumbered except by said<br \/>\nindebtedness, of $400.00 secured by said Venders lien and this deed of trust as<br \/>\naforesaid , and we will warrant and forever defend the title to said land unto the<br \/>\nsaid B.C.DURHAM Jr., Trustee, his heirs, assigns and successors in trust against<br \/>\nthe lawful claims of all persons whomsoever, except the holder of said notes<br \/>\nsecured by said vendors lien. Now if the said notes are paid in full as the same<br \/>\nfall due under the terms of this instrument, then this deed of trust and said<br \/>\nVendors lien is to be null and void; but if default is made in the payment od<br \/>\nsaid indebtedness or any part of the same, then the said Trustee or his successor<br \/>\nin trust is authorized, at the request of the holder of any part of said<br \/>\nindebtedness, to enforce said Vendors lien and foreclose this Deed of Trust and<br \/>\nto advertise said tracts of land for twenty days by five or more<br \/>\nwritten, printed, or typewritten posters or handbills, posted one in the Courthouse<br \/>\nin Ripley, Tennessee, one in the district in which said lands lie, and in three<br \/>\nother public places in said Lauderdale County, Tenn., to sell said tracts of lands<br \/>\nat public outcry for cash at the east door of the Courthouse in Ripley, Tenn., to<br \/>\nthe highest bidder, selling same in bar of the equity of redemption or repurchase<br \/>\nthe same being hereby expressly waived, and make a deed to the purchaser and as<br \/>\nfar as we are concerned the purchasers title shall be absolute. And said sale the<br \/>\nholder of said indebtedness or any part of the same or the Trustee herein named<br \/>\nor his successor in trust may bid on and buy said tracts of land if they or<br \/>\neither of them desire to do so. And out of the proceeds of said sale the Trustee<br \/>\nwill first pay the costs of this deed of trust, including compensation to himself<br \/>\nin the sum of 5% of the amount od said proceeds, and including a reasonable<br \/>\nattorney fee for<\/p>\n<p>foreclosing this deed of trust, collecting said indebtedness or for representing<br \/>\nsaid trustee, his successor in trust, the holder of said indebtedness or any part<br \/>\nof same, in any litigation which may arise over this instrument, said indebtedness<br \/>\nor said lands. He will then payoff said indebtedness in full and the balance, if<br \/>\nany, he will pay over to R.M. MIDYETT or on his order. If the said Trustee should<br \/>\nbe absent, refuse or for any reason be unable or incapacitated to act, when the<br \/>\nholder of said indebtedness or any part of same, desires him to act, then the<br \/>\nholder of any part of said indebtedness may by writing duly signed, acknowledged<br \/>\nand recorded in the Register&#8217;s Office of Lauderdale County, Tennessee, appoint<br \/>\nanother trustee to act in his place and stead and do so as often as is necessary<br \/>\nto carry out the purposes of this deed of trust. And the said B.C. DURHAN<br \/>\nJR., Trustee, and his successors in Trust, are each and all expressly relieved of<br \/>\nthe necessity of qualifying, giving bond or making settlement as such in the<br \/>\nCounty Court of Lauderdale County, Tenn. And we, W.L. MIDYETT and Wife, agree to pay<br \/>\ntoo keep the place up and pay the taxes on said lands and if we should fail or<br \/>\nrefuse to do so, then the holder of said indebtedness or any part of same may<br \/>\ndeclare the indebtedness due and collectible by foreclosure of this deed of<br \/>\ntrust or he may pay the said taxes and keep the place up and charge the costs to<br \/>\nW.L. MIDYETT and wife the said charges to become a debt owing us, drawing 65<br \/>\ninterest from date of payment, due the time paid and secured by this deed of<br \/>\ntrust as it&#8217;s instrument, then we, W.L. MIDYETT and Wife acknowledge ourselves then<br \/>\nat will of the purchaser and agree to give possession up on demand and if we<br \/>\nshould fail or refuse to do so then the said trustee or his successor in trust<br \/>\nis authorised to appear before any Justice of the Peace in and for Lauderdale<br \/>\nCo. Tenn., having cognizance of such causes and for us and in favor of the<br \/>\npurchaser confess judgement against us as in the forcible entry and<br \/>\nunlawful detainer came to the end that a writ of possession may issue to place<br \/>\nthe purchaser in possession. And I, MRS.MATTIE MIDYETT, wife of W.L. MIDYETT, hereby<br \/>\nrelease, relinquish and convey unto said B.C. DURHAN, JR., Trustee, all my rights of<br \/>\nhomestead, dower and any and all other rights that I may have in and to said<br \/>\ntracts of land and agree that in case of sale hereunder the purchaser&#8217;s title<br \/>\nshall be absolute. The taxes for the year 1922 are to be paid by W.L. MIDYETT and<br \/>\npossession given to the Vendee on the 15th day of November,1926 or before that<br \/>\ntime upon payment of said indebtedness or prior death of grantors or if grantors<br \/>\nmove off said place, Vendee shall have possession immediately. In Witness whereof<br \/>\nwe have hereunto subscribed our hands and executed this instrument on this the<br \/>\n23rd day of December 1922. R.M. MIDYETT. JULIA (her X mark) MIDYETT. W.L. MIDYETT.<br \/>\nMATTIE MIDYETT.<\/p>\n<p>STATE OF TENNESSEE-LAUDERDALE COUNTY&#8211;Personally appeared before<br \/>\nme, L.E.CRIHFIELD, a Notary Public in and for said county, R.M. MIDYETT and his<br \/>\nwife, JULIA MIDYETT; and W.L. MIDYETT and his wife, MATTIE MIDYETT; the within named<br \/>\nbargainors, with whom I am personally acquainted. and who acknowledged that they<br \/>\nexecuted the within instrument for the purposes therein contained. And JULIA<br \/>\nMIDYETT, wife of R.M. MIDYETT, and MATTIE MIDYETT, wife of said W.L. MIDYETT, having<br \/>\nappeared before me privately and apart from their husbands, the said JULIA<br \/>\nMIDYETT and MATTIE MIDYETT acknowledge the execution of said instrument to have<br \/>\nbeen done by them freely, voluntarily and understandingly, without compulsion or<br \/>\nconstraint from their husbands, and for the purposes therein expressed. Witness my<br \/>\nhand and seal of office at my office in Ripley, Tennessee, this 26th day of<br \/>\nDecember 1922. My commission expires April 22.1923. L.E. CRIHFIELD, N.P.<br \/>\nPresented for registration on the 30th day of December 1922 at 1:28 p.m.<br \/>\nW.L. DURHAM Register.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>DEED BOOK L-3 PAGES 520 &amp; 521&#8211; R.M.MIDYETT &amp; Wife to W.L. MIDYETT &amp; Wife (DEED) to B.C. DURHAM, (TRUSTEE). State of Tennessee, Lauderdale. Know all men by these presents, that we, R.M. MIDYETT and wife, MRS. JULIA MIDYETT, for <span class=\"excerpt-dots\">&hellip;<\/span> <a class=\"more-link\" href=\"https:\/\/tngenweb.org\/lauderdale\/2022\/01\/31\/midyett-r-durham-b-1922\/\"><span class=\"more-msg\">Continue reading &rarr;<\/span><\/a><\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"ngg_post_thumbnail":0,"footnotes":""},"categories":[17],"tags":[90,241],"class_list":["post-3628","post","type-post","status-publish","format-standard","hentry","category-land-records","tag-durham","tag-midyett"],"modified_by":"Jim Daniel","_links":{"self":[{"href":"https:\/\/tngenweb.org\/lauderdale\/wp-json\/wp\/v2\/posts\/3628","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/tngenweb.org\/lauderdale\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/tngenweb.org\/lauderdale\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/tngenweb.org\/lauderdale\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/tngenweb.org\/lauderdale\/wp-json\/wp\/v2\/comments?post=3628"}],"version-history":[{"count":1,"href":"https:\/\/tngenweb.org\/lauderdale\/wp-json\/wp\/v2\/posts\/3628\/revisions"}],"predecessor-version":[{"id":3629,"href":"https:\/\/tngenweb.org\/lauderdale\/wp-json\/wp\/v2\/posts\/3628\/revisions\/3629"}],"wp:attachment":[{"href":"https:\/\/tngenweb.org\/lauderdale\/wp-json\/wp\/v2\/media?parent=3628"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/tngenweb.org\/lauderdale\/wp-json\/wp\/v2\/categories?post=3628"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/tngenweb.org\/lauderdale\/wp-json\/wp\/v2\/tags?post=3628"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}