John Crisp to Thomas Phelps Sr.--Land Deed

John Crisp to Thomas Phelps with James Terrell as Trustee

Person County, North Carolina

Land Deed November 1826

Book H Page 220

This Indenture made this ____ day of November in the year of our Lord one

thousand eight hundred and twenty six between Thomas Phelps of the County of

Caswell and State of North Carolina of the first part and John Crisp of the

County of Person and State aforesaid of the second part and James Terrell of the

first mentioned County as Trustee of the third part. Witnesseth that whereas the

said Thomas Phelps has this day become indebted to John Crisp by Executing Eight

bonds due and payable as follows:

(Viz)

One bond for the sum of paid dollars payable on the 25th day of December 1826

One other for the sum of fifty dollars payable on the 25th day of December 1827

One other for the sum of fifty dollars payable on the 25th day of December 1828

One other for the sum of fifty dollars payable on the 25th day of December 1829

One other for the sum of fifty dollars payable on the 25th day of December 1830

One other for the sum of fifty dollars payable on the 25th day of December 1831

One other for the sum of fifty dollars payable on the 25th day of December 1832

And being honestly desirous to secure to the said Crisp the payment of the said

sum of money as they become due he the said Thomas Phelps has agreed for that

purpose and no other to Convey to the said Terrell in Trust the following

described property.

(Viz)

One tract or parcel of Land situate lying and being in the said County of Person

on the waters of the Double Creeks of South Hico, containing three hundred acres

and eighty five hundredths of an acre it being the Tract of Land conveyed by the

said John Crisp to the said Phelps by deed bearing even date herewith to which

deed reference is hereby made for a full description of the Tract of Land hereby

intended to be Conveyed.

Now This Indenture Witnesseth that for and in consideration of the promises and

for the further Sum of One dollar to him in hand paid by the said James Terrell

the receipt whereof is hereby acknowledged, he the said Thomas Phelps hath given

granted bargained and sold and by these presents doth give grant bargain & sell

unto him the said James Terrell and to his heirs or assigns all the before

mentioned Tract or Parcel of Land to the only proper use and behoof of him the

said James his heirs or assigns, and the said Thomas Phelps doth hereby Covenant

and agree to and with the said James Terrell and to and with his heirs or

assigns that he will forever defend the Right and Title hereby Conveyed against

the Lawful Claim or Claims of all persons whatsoever he the said Terrell to the

same interest nevertheless as follows.

(Viz)

Should the said Thomas Phelps fail to pay off and discharge either of the above

mentioned bonds when it shall here become due then it may be lawful for him the

said James Terrell to advertise the tract of land hereby Conveyed to him at the

Court house and three other public places for twenty days and then sell the same

for the best price than can be had in cash, and with the money arising from said

Sale, pay off and discharge the bond or bonds that shall become due, and the

overplus if any Shall be loaned out on good Security to be applied to the

payment of the other bonds as they become due, and if after discharging all the

said bonds there be an overplus he shall pay it over to the said Thomas Phelps

or to his order and the parties hereby further agrees that when all the said

bonds are discharged and paid off, That this indenture shall be of no effect.

In Witness whereof they hereunto Set their hands and affix their Seals the day

and date as above written.

His

Thomas x Phelps

Mark

James Terrell {Seal}

John Crisp {Seal}

Done in the presence of:

Test.

Thompson McKissack

Nicholas Hester

Transcribed By: Latham Mark Phelps