____________________________________________________________________________
Territory of Arkansas,
County of Clark,
This indenture made the eight day of January in the year of our Lord one
thousand Eight hundred and thirty six between George Overbaugh of the County
and Territory aforesaid of the first part, and Henry Brewer of Pike County
and Territory aforesaid of the second part.
Witnesseth, That the said party of the first part, for and in consideration
of the sum of one hundred dollars and _____ cents of good and lawful money
of the United States to him in hand paid by the said party of the second
part, the receipt whereof is hereby confessed and acknowledged; hath
granted, bargained, sold, released, aliened and confirmed, and by these
presents doth grant, bargain, sell release, alien and confirm unto the said
party of the second part, and to his heirs and assigns, all my right, title,
claim and interest in and to the East half of the South West quarter of
Section twenty, Township Eight South and Range twenty one West, situate in
the County and Territory aforesaid. Together with all and singular the
hereditaments thereunto in anywise belonging, and the reversion and
reversions, remainder and remainders, rents, issues and profits thereof. To
have and to hold the said premises hereby released & confirmed with the
appurtenances unto the said party of the second part, and to the sole and
only proper use, benefit and behoof of the party of the second part, his
heirs and assigns forever. Provided always, and the presents are upon this
express condition. That if the said George Overbaugh, his heirs, Executors
and administrators do, and shall well and truly pay or cause to be paid unto
the said party of the second part, his certain attorney or attorneys, heir,
Executors, administrators or assigns the Sum of One hundred dollars current
money as aforesaid, together with the interest that may accrue thereon, in
the manner particularly specified in the Condition of a certain bond or
obligation bearing even date herewith, Executed by the said party of the
first part to the said party of the second part, that there and from
thenceforth these presents and every thing herein conditioned shall cease
and be void, any thing herein contained to the contrary, notwithstanding.
But in case default shall be made in payment of all or any part of the said
principal sum of one hundred dollars or the interest thereof, at the time or
times when the same ought to be paid as aforesaid, that then and in such
case, the party of the first part, for himself, his heirs, Executors and
administrators, doth covenant, grant, promise & agree to, and with the said
party of the second part, his heirs, Executors, administrators and assigns,
that it shall and may be lawful for the said party of the second part, his
heirs, Executors, administrators or assigns, at any time or times
thereafter, to sell and dispose of the said premises hereby granted or any
part or parts thereof at public vendue to any person or persons whomsoever
and on such sale to make, sign, seal and deliver, any deed or deeds of
conveyance in the law for the said premises, or the part thereof so sold to
the purchaser or purchasers, his, her, or their heirs or assigns forever;
and out of the monies arising from such sale or sale(s), to keep and retain
in his hands the said sum of one hundred dollars, or so much thereof, or of
the interest thereof, as shall be then due; together with all costs, charges
or expenses that shall or may be then due, accrues, arise or happen by
reason or on account of such sale or sales; and the overplus money (if there
should be any) shall be paid to the party of the first part, his heirs,
Executors, administrators or assigns.
In witness whereof, the said parties to these presents have hereunto
interchangeably set their hands and seals the day and year first above
written.
George Overbaugh (Seal)
Sealed and delivered in the presence of these witnesses:
John Edwards
Elizabeth L. Brewer
____________________________________________________________________________
The State of Arkansas,
County of Clark,
Be it remembered, that on this 24th day of July A.D. 1841, personally
appeared before the undersigned, an acting Justice of the Peace in and for
the County of Clark, the herein before named George Overbaugh to me
personally known, and acknowledged the above and foregoing instrument of
writing to be his act and deed, hand and seal, and that he signed, sealed
and delivered the same for the uses and purposes therein mentioned.
In testimony whereof, I have hereunto set my hand as an acting Justice of
the Peace as aforesaid, the day and year first above written.
Jas. S. Ward, J.P.
____________________________________________________________________________
The State of Arkansas,
County of Clark,
I, Jas. S. Ward, Clerk of the Circuit Court & Exofficio Recorder in and for
the County of Clark, do hereby certify that the above and foregoing
instrument of writing was this day produced to me in my office and ordered
to be recorded, which is duly done in Book D, pages 350 & 351.
In testimony whereof, I have hereunto set my hand as Clerk & Exofficio
Recorder as aforesaid, and affixed the seal of Office at Greenville, this
24th day of July A.D. 1841.
Jas. S. Ward, Clerk
& Exofficio Recorder.
____________________________________________________________________________
Clark County, Arkansas Deed Book D, pages 350-351.
____________________________________________________________________________
HTML file and design by David Kelley, 1997. All rights reserved.