{"id":3659,"date":"2022-01-31T21:45:08","date_gmt":"2022-02-01T03:45:08","guid":{"rendered":"https:\/\/tngenweb.org\/lauderdale\/?p=3659"},"modified":"2022-01-31T21:45:08","modified_gmt":"2022-02-01T03:45:08","slug":"parrish-w-fitzgerald-g-1936","status":"publish","type":"post","link":"https:\/\/tngenweb.org\/lauderdale\/2022\/01\/31\/parrish-w-fitzgerald-g-1936\/","title":{"rendered":"Parrish, W. \/ Fitzgerald, G. (1936)"},"content":{"rendered":"

DEED W.A. PARRISH<\/strong> et ux Laura PARRISH to G.L. FITZGERALD<\/strong> et ux Mattie FITZGERALD
\nand G.L. FITZGERALD and wife Mattie FITZGERALD to Deed of Trust B.C. DURHAM Jr
\nTRUSTEE<\/p>\n

DEED BOOK A–4 Pages 418-19-20 Register’s Fee $2.25 J.M. CARNEY Register
\nFiled Dec.30 1936<\/p>\n

STATE OF TENNESSEE} } LAUDERDALE COUNTY} Know All Men By These Presents:
\nWe, W.A. PARRISH and wife Laura J. PARRISH, for the considerations hereinafter have
\nthe day bargained and sold and do hereby bargain, sell, transfer and convey unto
\nGus L. FITZGERALD and wife, Mattie FITZGERALD, as tenants by the entirety, their
\nheirs and assigns forever in fee simple a certain tract of land with all the
\nimprovements thereon situated in the 11th district of Lauderdale
\nCounty, Tennessee and bounded as follows: to wit:<\/p>\n

BEGINNING at the northwest corner of the tract given to J.W. PITTS in the
\ndivision of the Pitts land at a stake,2 dogwood and gum pointers; thence east 110
\npoles to a poplar marked xxSE; thence south 109-2\/3 poles to a stake, the
\nLIGHTFOOT heirs southeast corner; thence west 110 poles to a stake in the
\nLightfoot’s north boundary line; thence north 109-2\/3 poles to the
\nBEGINNING, containing 75 acres, more or less.<\/p>\n

Being same tract of land conveyed to James E.GILLESPIE by deed of Henry T.PITTS
\nof record in Deed Book W pg 175-6 of the Register’s office of Lauderdale
\nCounty, Tennessee, and set aside to Laura GILLESPIE, noe Laurs J. PARRISH, in the
\ncase of Gillespie vs Gaines, County Court of Lauderdale County, Tennessee
\n{1896}, Minute Book S, pages 180 et seq., to which reference is here made.<\/p>\n

Also, a roadway conveyed to vendors herein by deed of V.T. LIGHTFOOT et al of
\nrecord in said register’s office in Deed Book D-3, pgs 512-13 of the Register’s
\noffice of Lauderdale County, Tennessee, to which reference is here made and is
\ndescribed as follows;<\/p>\n

BEGINNING at an iron stake in the Ripley and Lightfoot road; runs thence 20 feet
\nto a stake; thence north our tract of land to a stake in the south boundary of
\nthe W.A. PARRISH land, said line north being parallel with the northwest corner of
\nthe J.B. GRIGGS land sold to him by W.W. CRAIG, said corner of J.B. GRIGGS land
\nbeing an iron stake which stands sixteen feet west of a persimmon; thence east 20
\nfeet to J.B. GRIGGS northwest corner; thence south with GRIGGS and our dividing
\nline to the beginning point, containing one-fourth of an acre, more or less.<\/p>\n

TO HAVE AND TO HOLD the above described tract or parcel of land together with all
\nand singular the tenements, hereditaments improvements and appurtenances
\nthereunto belonging unto the said G.L. FITZGERALD and wife Mattie FITZGERALD, as
\ntenants by the entirety their heirs and assigns forever in fee simple. We
\nCOVENANT THAT WE are lawfully seized and possessed of the same and that the same
\nis unencumbered except as hereinafter shown and that we will warrant and forever
\ndefend the title to the said real estate unto the said vendees, their heirs and
\nassigns against the lawful claims of all persons whomsoever.<\/p>\n

POSSESSION is to be given the vendees January 1,1937, but T.T. HODGE, tenant, has a
\nverbal contract with the vendors herein for 1937 on a rental of 1\/3 of the corn
\nand 1\/4 of the cotton and vendees know of this contract and are to carry it out
\nwith T.T. HODGE and all rents are to be paid the vendees herein.<\/p>\n

THE CONSIDERATION of this conveyance is $3,000 of which amount $2,000 is cash in
\nhand paid to us, the receipt of which we hereby acknowledge and the balance of
\n$1,000 is represented by two notes of even date herewith each due December
\n1,1937 and December 1,1938 respectively, payable to the order of vendors
\nherein, said notes bear 6% interest from Dec.30,1936.<\/p>\n

AN EXPRESS VENDOR’S LIEN in hereby retained on the said land hereby conveyed to
\nsecure the payment of the said two notes above described.<\/p>\n

IN WITNESS WHEREOF we hereunto suscribed our names this December 30,1936. LAURA
\nJ.PARRISH W.A.PARRISH<\/p>\n

DEED OF TRUST TO FACILITATE THE ENFORCEMENT OF VENDOR’S LIEN ABOVE RETAINED<\/p>\n

And now in order to facilitate the enforcement of the vendor’s lien retained
\nhereinabove but in no manner to waive or relinquish the same, we G.L. FITZGERALD
\nand wife Mattie Fitzgerald hereby bargain, sell, transfer and convey unto
\nB.C. DURHAM, Jr., Trustee, his successors in trust and assigns the hereinabove
\ndescribed and conveyed tract or parcel of land, to have and to hold the said
\nlands together with all and singular the lands, tenements, hereditaments and
\nappurtenances thereunto belonging unto the said trustee his successors in trust
\nand assigns forever in fee simple.<\/p>\n

If we shall well and truly pay the two said notes above described when the same
\nshall become due and payable then this deed of trust shall be void and for
\nnothing to be held, BUT NOW IF WE DO NOT PAY THE SAID indebtedness above
\ndescribed and hereby secured the trustee is authorised to take immediate
\npossession of the said tract or parcel of land and after advertizing the same
\nfor sale for twenty days or more than five written printed or typewritten posters
\nor handbills, posted one at the courthouse in Ripley, Tennessee, one in the civil
\ndistrict where the property is located, and in three other public places in
\nLaurderdale County, Tennessee and within legal hours at the west door of the
\ncourthouse in Ripley, Tennessee, expose and offer the said land for sale at public
\noutcry to the highest and best bidder for cash in bar of equity of redemption
\nand repurchase; the same being hereby expressly waived by us, and made a deed to
\nthe purchaser.<\/p>\n

OUT OF THE PROCEEDS of said sale the trustee will pay all the costs of this deed
\nof trust, including compensation of the trustee in the amount of 5% of the total
\nproceeds of said sale and an attorneys fee of 10% if an attorney is employed the
\nsaid indebtedness or any part thereof with or without a suit, and then the said
\ntrustee will pay all sums expended under the terms of this trust such as taxes
\netc., and then pay the indebtedness hereby secured and the balance if any he will
\npay over to our order.<\/p>\n

WE AGREE; 1. To keep all taxes on the said property paid up to due.<\/p>\n

2. To keep the improvements on the said property in good repair and insured in
\nsome reliable insurance company against loss of fire and windstorm with the loss
\npayable to the holder of the said indebtedness as his interest may appear.<\/p>\n

3. That in event we fail, refuse or become incapacitated to do so, then the
\ntrustee or holder of the said indebtedness hereby secured may do or have the
\nsame done for us at our expense and the costs of doind so shall be a part of the
\nindebtedness hereby secured and the holder may at his option proceed to
\nforeclose this deed of trust.<\/p>\n

4. The within named trustee and shall be expressly excused from qualifying as
\nsuch in the county court of Lauderdale County etc., and in the event the trustee
\nso named therein shall be absent, fail, or refuse to act when the holder of the
\nsaid indebtedness may by writing duly signed, acknowledged and recorded in the
\nregister’s office of Lauderdale County, Tennessee, appoint and substitute another
\ntrustee to act in his place and stead and the trustee so appointed shall have
\nall the rights, powers, privileges as herein given to the within named trustee, and
\nthe holder of the said indebtedness may do so as often as is necessary to carry
\nout the terms and purposes of this deed of trust.<\/p>\n

Witness our hands this December 30,1936.<\/p>\n

G.L. FITZGERALD
\nMattie FITZGERALD<\/p>\n

STATE OF TENNESSEE LAUDERDALE COUNTY<\/p>\n

Personally appeared before me the undersigned notary public in and for the said
\nstate and county W.A. PARRISH and wife Laura J. PARRISH and G.L. FITZGERALD and
\nwife Mattie FITZGERALD with whom I am personally acquainted and to me known to
\nbe the persons described in and who executed the within and foregoing instrument
\nand who acknowledge the same as their free act and deed for the purposes therein
\ncontained.<\/p>\n

Witness my hand and seal of office at office in Ripley, Tenn., this December
\n30,1936. C.S. CARNEY, Jr. Notary Public My commission expires January 9,1940.<\/p>\n","protected":false},"excerpt":{"rendered":"

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 …<\/span> Continue reading →<\/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":[232,252],"class_list":["post-3659","post","type-post","status-publish","format-standard","hentry","category-land-records","tag-fitzgerald","tag-parrish"],"modified_by":"Jim Daniel","_links":{"self":[{"href":"https:\/\/tngenweb.org\/lauderdale\/wp-json\/wp\/v2\/posts\/3659","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=3659"}],"version-history":[{"count":1,"href":"https:\/\/tngenweb.org\/lauderdale\/wp-json\/wp\/v2\/posts\/3659\/revisions"}],"predecessor-version":[{"id":3660,"href":"https:\/\/tngenweb.org\/lauderdale\/wp-json\/wp\/v2\/posts\/3659\/revisions\/3660"}],"wp:attachment":[{"href":"https:\/\/tngenweb.org\/lauderdale\/wp-json\/wp\/v2\/media?parent=3659"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/tngenweb.org\/lauderdale\/wp-json\/wp\/v2\/categories?post=3659"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/tngenweb.org\/lauderdale\/wp-json\/wp\/v2\/tags?post=3659"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}