THOMAS BIRD to JOHN CLARK,
TRUSTEE of SAMUEL GILL - DEED OF TRUST
I, THOMAS BIRD, have this day bargained and sold and do hereby convey to JOHN CLARK for the sum of five dollars to be paid to me and other considerations herein after mentioned all my right interest claim and demand at law and equity in and to a certain tract of land lying in Grainger County district no. - State of Tennessee containing fifty nine acres more or less being a part of a tract granted by the State of Tennessee to JAMES M. BIRD, which was some time ago sold at Sheriff's sale and bought by SAMUEL GILL, who after his title had been absolute by lapse of time without redemption or offer of redemption, sold the same to THOMAS STROUD, REDMAN BIRD, RICHARD STROUD, HILYARD BIRD, and myself, THOMAS BIRD. Executed to us jointly by bond for a deed and we the said purchasers excuced to the said GILL, our lots for the purchase money which notes have not yet been liquidated and said bond for title still is in force which land being divided amoung us the purchasers before said fifty nine acres more or less hereby conveyed was alloted to me as my share to have and to hold the same JOHN CLARK, his heirs and asigns forever I do covenent with the said JOHN CLARK, that i am lawfully signed of said land have a good right to convey and that it is in no otherwise encumbered that as aforesaid and against the lawful claim of all persons whatever the claim of the said SAMUEL GILL alone excepted. I do myself, my heirs,and representitives to forever defend the title to the said land to the said JOHN CLARK, his heirs and representitives. But this deed is made for the following uses and trusts and for no other purposes that is to say I am indebted to the said SAMUEL GILL in the sum of Forty three dollars and seventy two cents. By note under seal of the State. Due on the 21st of August 1862. And am desirous to secure and make certain the payment of the same. Now if I should pay the said debt at the time if aforesaid then this deed is to be void, but if I should not then the said JOHN CLARK, as Trustee after giving twenty days notice in writing at the Courthouse Door of said county and at the election ground of the district and three other public places in the neighborhood may expose the said land at public sale. And sell it to the highest bidder for cash. And appropriate the proceeds first to the payment of the necessary expenses and costs, secondarily to the payment of the said debt and thirdly the balance if any has to be to me. This 21st August, 1859/1857/1851 (The last number is very hard to read, but think it may be a 9)
X - HIS MARK *HIS SEAL*
WILLIAM T. GILL
STATE OF TENNESSEE
Personally appeared before me, Edward Tate, clerk of court for said county. J.T. SHIELDS and WILLIAM T. GILL subscribing witnesses to the within deed who being first duly sworn depose and say that they are aquainted with THOMAS BIRD, the within named bargainer and that they heard him acknowledge that he executed the within deed for the purpose there in contained. Witness my hand at office in Rutledge this 25th day of September 1859/7/1?
Estate Clerk Received September 25.
Registered on October 25, 1859/7/1?