Thomas Jefferson Brannan - Deed of Trust
Clarke County Courthouse, Book ( ), Pages 188 & 189
(Notice Spelling of last name is Brannon in document & signed "Brannan")
Thos. Brannon To E. P. Gaston & Co., State of Mississippi Filed for record June 23, 1869
This document made this the 29th day of March 1869, between Thos. Brannon of the County of Clarke, State of Mississippi of the first part and E. P. Gaston & Co. of the County of Clarke, and State of Mississippi of the second part and W. P. Davis of the County of Clarke and State of Mississippi of the third part w__ that whereas the said Thomas Brannon party of the first part is justly indebted to E. P, Gaston & Co. parties of the second part, in the sum of sixty-two dollars, endorsed by his promissory note bearing even date with these present and due on the first day of Nov. 1869 and the said Thomas Brannon party of the first part being desirous to secure the prompt payment of the said indebtedness at its maturity - now this indenture witnesseth that the said Thomas Brannon party of the first part for and in consideration for the sum of ten Dollars to him in hand paid by the said W. P. Davis of the party of the third part the receipt of which is hereby acknowledged and have granted bargained, sold released, and conveyed and confirmed and by these present do grant bargain, sell, release, convey and confirm unto the said W. P. Davis Trustee his heirs and ape__s for-ever all the following property and real estate situated in Clarke County and State of Mississippi mentioned particularly designated and described as follows to-wit, Half of the south west quarter section nine Township three(3) Range fourteen (14) containing eighty acres more or less lying about five or six miles southwest of Enterprise together with my and all apprentenances (sic) thereto and the said Thomas Brannon party of the first part for himself and his heirs executors administrators or ape__s does hereby warrant and w___ defend the title to the above said real estate to the said W. P. Davis party of the third part and to his heirs and ape___s free from claim of said land described demands of all persons lawfully claiming the same by the _____ from or under me, the trust nevertheless that if the said Thomas Brannon pay said note at maturity of the same then this deed shall be ___ and of me eff____ but if the said Thomas Brannon shall fail and default of payment as hereto specified then the said W. P. Davis party of the third party shall have full power after giving ten days notice advertising in three or more public places in the City of Enterprise sell to the highest bidder for cash all or any part of the aforesaid real estate and after paying all expenses incurred in recording this document and all expenses incurred in the executive of this deed Deed of Trust together with what may then be due the said E. P. Gaston & Co. The remaining balance , if any, to be paid over to the said Thomas Brannon, his heir or ape___s and until default herein the said Thomas Brannon is to remain in possession of the aforesaid land together with the improvements thereunto belonging. In testimony wherea of parties to this deed have hereunto set their hands and effixed their seals this the day and year above written.
Thomas Brannan (seal)
E. P. Gaston (seal)
W. P. Davis (seal)
The State of Mississippi, Clarke County
Personally appeared before me Ira J. Carter Judge of Probate in and for said County Thomas Brannan E. P. Gaston and William P. Davis who acknowledged that they signed and sealed the foregoing Instrument as their own proper act and deed and for the purpose therein contained and expressed. Given under my hand and seal this the 29th day of March A. D. 1869
Ira J. Carter (seal)
Judge of Probate
Clarke County
Clarke County Courthouse, Book C, Page ( )
Recorded March 8th 1872, B. M. A. Smith, Clk.
Thomas Brannon, Deed of Trust To E. B. Gaston & Co. Filed for Record March 5th 1872
Know all men by these present that I Thomas Branon (sic) of Clarke County, and State of Mississippi for and in consideration of the sum of Ten dollars and to my hand paid by W. L. Gaston the receipt where of I do hereby acknowledge in by these present bargain, sell and convey unto said W. L. Gaston as Trustee and subject to the trusts hereafter expressed the following described Personal property now in my possession and and ___ me free from all incumbrances (sic) to-wit one bay mare about five years old, one sorrell (sic)mare and colt about five years old both good size, Twenty head cattle all marked with poplar leaf in the right ear And the following products of agriculture to be grown on my farm in Clarke County the present to-wit All the cotton and corn raised on my farm during the present year and I do hereby waive and relinguish (sic) all and every right to any part or parcell (sic) of the above named property which might be otherwise exempt from execution by the Statute law of this State but on the following Trust and conditions to-wit That Whereas I am indebted to E. B. Gaston & Co. of Clarke County and State of Mississippi in the sum of one Hundred Dollars for money and supplies this day advanced and to be advanced to enable me to carry on and cultivate my farm in Clarke County for the present year which amounts are included in my promissory bearing even date and with these present and due and payable to E. B. Gaston & Co. or order on the first day of October 1872. Now Therefore I the said Thomas Branon (sic) do bind myself, my heirs, and all legal representatives that in case of default shall be made in the full and prompt payment of the above mentioned at its maturity that it shall be lawful and I do hereby authorize and empower the said W. L. Gaston Trustee herein named to take into his possession the property hereby conveyed and sell the same at public auction in Enterprise to the highest bidder for cash after giving notice of the time and place of said sale by posting the same 10 days in Enterprise and out of the money there from pay said note herein mentioned and all cost and charges accruing in the the execution of this Trust rendering the overplus if any unto me or my legal representatives and until said note is due and defaulted is made in its payment I am to remain in quiet and peaceful possession of the property herein conveyed unless I should at anytime before the maturity of said note sell or otherwise dispose of some part of said property without the conc___ of the said E. B. Gaston & Co. in which warrant the title to the property herein conveyed shall vest absolu___ in the said W. L. Gaston Trustee as aforesaid and he shall thereby vested with the power and right to sell the same immediately and apply the proceeds of sale as if the said note was in and default of payment had been made and if the Trustee berein appointed should die or at any time fail or refuse to act then the said E. B. Gaston & Co. is hereby fully authorized to appoint another Trustee who shall be clothed with the same authority to execute this Trust that the said W. L. Gaston is vested with but shaould I the said Thomas Branon will and truly pay said note or cause the same to be paid at the maturity by threrein of thru this deed of conveyance shall be void otherwise to remain in full force and effect. Given under my hand and seal the 2 day of March 18752
Thomas Brannan (seal)
I, W. L. Gaston Trustee herein named do hereby accept the trust and will execute the same should it be necessary to do so. Witness my signature the 2nd day of March 1872
W. L Gaston
The State of Mississippi, Clarke County
Pearsonally appeared before me the undersigned a Justice of the Peace, Thomas Brannon who acknowledges that he signed, sealed and delivered the foregoing deed of trust for the purpose therein specified on the 2nd day of March 1872. Guiven under my hand and seal the 2nd day of March 1872
G. W. Holden, J. P. (seal)
B. M. A. Smith, Clk.