HANCOCK COUNTY

HANCOCK COUNTY, GEORGIA - DATED MARCH 18, 1841

PROMISSORY NOTE PAYMENT JAMES H. HITCHCOCK TO A. M. BERRY & CO.

DEED BOOK P

PAGES 347 & 348

 

Transcribed by Cliff Berry Johnson [email protected]

Surnames contained in this document:  Berry, Hitchcock, Sayre, Bozer, Trawick, Pardee, Edwards, Pearce, Jordan, Brantly, Gonder, Dickson, Hunt, Morgan, Audas

 

 

STATE OF GEORGIA

This Indenture, made this 18th day of March in the year of our Lord, one thousand eight hundred and forty one, and in the year of the Independence of the United States of America, between James M. Hitchcock of the County of Hancock and State of Georgia, on the one part and A. M. Berry & Co. of the same place on the other part. Witnesseth, that the said James M. Hitchcock in and by his certain promissory note bearing date Jany. 1st 1841, and payable one day after date, stands indebted to the said A. M. Berry & Co. the sum of two hundred & sixty five 00/100 dollars, as by reference to the said note will more fully appear.

Now this Indenture, Witnesseth, that the said James M. Hitchcock for and in consideration of the said debt, or sum of two hundred & sixty five 00/100 dollars, and for the better securing the payment thereof, with the interest that may accrue thereon according to the tenor and effect of the said note and also for and in consideration of the further sum of ten dollars, to him in hand well and truly paid by the said A. M. Berry & Co. at and before the sealing and delivering of the presents, the receipt whereof is hereby acknowledged as well as for securing the payment of the afore said sum, hath granted, bargained, sold, conveyed and confirmed and by these presents doth grant bargain sell convey and confirm unto the said A. M. Berry & Co. their heirs and assigns (one tract of land lying in said county on the waters of Buffalo, adjoining lands of Sayre, John Bozer, Ann Bozer containing three hundred & thirty three acres more or less, also the following negro slaves, Sam 38 years old, Moses 31, Milly 27, Willis 2, Sylvia 40, Tomp 11, Ben 8 years, Sam 5 - & Lucy 2 years old, four mules, two sorrels & two bays, 3 colts, 2 sorrels & 2 bays, 1 chesnut sorrel horse 11 years old, his stock of Hogs, about 70 or 80, his stock of cattle about 2 or 5 head, 1 yoke of oxen, 1 ox, & one cart - 1 old waggon, stock of sheep, say 12 or 15, household & kitchen furniture, one cotton gin & farming utensils. Also the interest of the said James M. Hitchcock in the estate of Mishack Hitchcock deceased which he has under the will of said deceased.)

To Have and to Hold the said bargained land & other property and every part thereof unto the said A. M. Berry & Co. their heirs & assigns to his and their own proper use, benefit and behoof forever. Provided always and it is the express understanding of the parties and the true intent & meaning of these presents that if the said James M. Hitchcock his heirs executors or administrators or either of them shall will and truly pay unto the said A. M. Berry & Co. the aforesaid promissory note & all interest thereon aforesaid according to the tenor and effect of the promissory note aforesaid then and from thenceforth as well as this present - Indenture, and the right to the property hereby conveyed as the said promissory note and every matter and thing therein contained shall cease and be void and of no effect - any thing therein contained to the contrary notwithstanding.

(cont)

In witness whereof the said James M. Hitchcock hath hereunto set his hand and seal the day and year first above written.

Signed, Sealed & delivered

in the presence of

 

The said James M. Hitchcock has executed two mortgages to Thomas J. Trawick having priority over this & has at the same time of executing this mortgage executed Mortgages to Mansfield J. Pardee, James F. Edwards & Co., Joseph B. Gonder, W. H. Brantly, S. F. Jordan, Joseph J. Pearce, David Dickson, James M. Hunt, Wm. H. Morgan & Henry T. Dickson.

S. F. Trawick

J. M. Gonder, N. P. H. C. Jas. M. Hitchcock

Registered the 19 day of March 1841

Tuttle H. Audas, Clk. Supr. Court

 

Transcribed by Clifford Berry Johnson Saturday, May 3, 2003