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David Finley of Knox County, Kentucky

to Matthew Thomson of Clarke County,

Mortgage, 1000 acres on Howard's Upper Creek originally patented by James Crockett,

2 January 1802, Clarke County, Kentucky DB 4:456.

 

This Indenture made this second day of Jany 1802 between David Finley of the County of Knox and State of Kentucky of the one part and Matthew Thomson of the County of Clarke & State afforesaid of the other part Witnesseth that the sd David Finley for and in consideration of the sum of Eighty five pounds six Shillings owing by the said Finley and due to the said Thomson by Settlement and for the securing the payment thereof to the said Thomson his heirs and assignees also in Consideration of the further sum of five shillings to him the said Finley in hand paid before the Sealing and delivering of these presents the receipt whereof is hereby acknowledged hath granted bargained and sold & by these presents do grant bargain and sell unto the said Matthew Thomson his heirs and assignes a Certain Tract of Land lying on howards uper creek Containing one Thousand acres which land was pattented to James Crockett assinee of Wm. Newel & Bounded as follows to Wit Begining at a Sugar tree Lunn & beech and runing thence N 40 degrees E 400 poles to a hickory Sugar tree and Elm thence S 50 degrees E 400 poles to three sugar tree Saplings thence S 40 degrees W 400 poles to a white oak and two dogwood Saplings Thence N 50 degrees W 400 poles to the Begining to him the said Matthew Thomson his heirs and assigns for ever To have and to hold the said Lands and premises with the appurtenances affore mentioned unto him the said Matthew Thomson his Heirs and assigns forever and the said David Finley for himself and his Heirs doth warrant & defend by these presents unto the said Matthew Thomson his heirs and assigns the right and title of the afforesaid land and premises with the appurtenances afforesaid against the claim of himself his heirs and against the claim of all other people Whatsoever. Provided always Nevertheless and it is the true intent and meaning of these presents and of the parties hereunto that of the said David Finley or his heirs do and shall will and truly pay or cause to be paid unto the said Matthew Thomson his heirs and assigns the said full sum of Eighty five pounds six Shillings Current money that is five pound six Shilling in Cash in one month from this date and the remaining Eighty pounds in good mares or Gildings in Nine months from this date to be Valued Cash price and under Eight years old Then in that case and from thenceforth these presents and every part thereof and every Mater and thing therein contained shall cease to be utterly Void any thing herein contained to the Contrary Notwithstanding and Lastly it is commanded between the parties to these presents that untill payment shall be made in full of the above sum of Eighty five pounds six shillings to him the said Matt Thomson it shall and may be Lawfull for the said Thomson to keep and enjoy quiet and peaceable possession of the said Land and enjoy the profits arising form the same or any part thereof without refunding any part thereof In Testimony whereof I have hereunto set my hand this date above Written.

In presents of David Finley (seal)

Joseph Scholl

James x Evans

David Scholl

In the Clerks office of the County of Clarke the 2d day of September 1802

This Deed of Mortgage or Instrument of Writing from David Finley to Matthew Thomson was proven by the oath of Joseph Scholl & James Evans

Witnesses thereto subscribed and admitted to record

Tests - D. Bullock CCC

 

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