Abraham Lincoln Papers: Incoming and Contextual Documents Document mal0048700

"A"

This Indenture made and entered into this
twenty-ninth day of May A.D. 1852 between
Charles K. Marshall and Amanda M.
Marshall, his wife of the first part and
Alexander L.C. Magrudin Trustee of the second
part, and Ben Johnson of the third part
[whereforth] whereas the said C. K. Marshall
is justly indebted to the said Ben Johnson in
the following sums of money as evidenced by
the promisory notes of the said Marshalls, all
of even date herewith our note being for the
sum of three thousand one hundred dollars
payable six months after date; & twelve other
notes, being for the sum of sixty two dollars
each payable respectively at one, two, three, four,
five, six, seven, eight, nine, ten, eleven, twelve
months after date and the said parties of the
first part being willing to secure the punctual
payment of said notes do hereby in consideration
of the premises, and of the sum of ten dollars
to them in hand paid by the said Alexander
L. C. Magrudin, the receipt whereof is hereby
acknowledged Grant Bargain Sele & Conway
unto the said Alexander L.C. Magrudin and
to his heirs and assigned forever, the following
described land and premises lying and being in
the City of Vicksburg in the County of Warren
and State of Mississippi. To wit part of Lots
number three hundred and five (305) and

three hundred and six (306) in square number
sixty four (64) as designated on the original
plat of said city of Vicksburg, bounded and described
as follows to wit. Commencing at a point on
Levee Street thirty feet north of the South West
corner of said lot three hundred and five
running thence east about 100 feet more or less
to the eastern line or boundary of the piece or
parcel of land conveyed by Harper Hunt & wife
to Ben Johnson by Deed dated May 1st 1851 &
Recorded in Book X Pages 385. & 386. in Warren
Probate Office. Thence north sixty feet (60) thence
West to Levee Street, thence South along the eastern
boundary of Line Street sixty feet to the place
of beginning, and the said parties of the first
part for themselves, their heirs, executors, and
administrators by these presents, Covenant, promise
and agree to, and with the said Alexander L.G.
Magruder, his heirs and assigns, executors, &
administrators that they the said parties of the
first part will, & their heirs, executors & administrators
shall forever warrant and defend the
title to said granted land and premises against
the claim or claims of all and any person or
persons whosoever, both at Law and in Equity
upon Trust however and subject to the following
conditions. If the said C. K. Marshall, his
heirs, executors or administrators or any one of
them shall pay & satisfy the promissory notes

herein secured as they respectively become due
then this Deed is to be void, and of no effect
But if the said Promissory Notes be not paid at
maturity then the said Alexander L.C. Magrudin
Trustee when requested by the holder of said
notes shall proceed to sell in front of the Court
House in Vicksburg to the highest bidder for
cash the aforesaid granted land and premises,
or so much thereof as may be necessary to discharge
the notes due & unpaid having first given thirty
days notice of the time and place of sale in some
newspaper published in Vicksburg and in like
measures proceeding to Sell for cash as other
notes become due until all the notes herein
secured shall be fully paid and discharged &
all interest due thereon together with all the
expenses of this trust. In testimony whereof the
said parties of the first part leave hereunto set
their hand and seals the day and year first
above written
C.K. Marshall Seal
A.M. Marshall Seal
The State of Mississippi
Warren County S. S.
Personally appeared before
Mr. Henry F. Cook Judge of Probate for the County
of Warren Charles K. Marshall who acknowledged
that he signed sealed and delivered the foregoing
Deed on the day and year therein written, and
Amanda M. Marshall wife of said Charles K.

I hereby acknowledge satisfaction of twelve notes herein secured by the Annexed Trust The note
for three thousand one hundred dollars herein secured having been paid & satisfied to H. S. [Ellete],
Received &c as per attached. Receipt authentic to Probate Clerk to satisfy the same
Given under my hand & seal this 2d day of April 1863
A.L.C.Magrudin

Marshall, also acknowledged on a private examina-
tion, Separate and apart from her said husband,
that she signed, sealed, and delivered, said Deed
as her voluntary act and deed, freely without any
fear, threats, or compulsion of her said husband.
Given under my hand and Seal this the 29th
day of May A.D. 1852.

H. F. Cook Seal [(drawn)]

The State of Mississippi
Warren County S. S.
I Edward B. Scarbrough
clerk of the Probate Court of said County do hereby
certify that the foregoing Deed and Certificate
were filed for record in my office on the 29th day
of May 1852. Whereupon I have made the same
of Record in Book X, Pages 607 & 608. Given under
my hand and Seal of Office this 31st day of May
A.D. 1852

Seal [(Drawn)]

E. B. Scarbrough Clk.

Received March 11. 1863 of Rev. C. K. Marshall
four thousand, two hundred, & sixteen dollars, in
full of the amount of a promissory note of said
Marshall to Ben Johnson. an alien living re-
siding in the State of New York dated May 29th
1852 due six months after date for $3100 with
interest thereon at six per cent from April 1st 1857
Reported to me as receivd under the seques-
tration acts of the Confederate States by said Marshall.

The said note is secured by a deed of trust to
A. L. C. Magruder, trustee on part of Lot 305, &
306 in square 64, of the City of Vicksburg, dated
May 29, 1852. And Recorded in the Probate Clerks
Office in Warren County in Book X pages 607 & 608.
and the Clerk of the said Probate Court of Warren
County is hereby authorized to [?] satisfaction on
the Record of Said Deed of Trust.
Henry J. [Ellett?]
Receiver under the C. S. Sequestration Acts

State of Mississippi
Warren County S. S.
I James C. Chappell
Clerk of the Probate Court
in and for said County, do hereby certify that the
foregoing five pages contain a true and complete
Transcript of the original instrument of writing,
certificates and Endorsements thereto and thereon
as fully and completely as the same appears of
Record in said Office in Deed Book X pages 607
and 608. Given under my hand and
The seal of said Court this
12th day of May A.D. 1864
J C Chappell
Clk.

[*Seal*]

[*489*]

"A"
C.K. Marshall et al
D. T.
Ben Johnson
Deed Book X
607+608
"Copy"