Charles Powell's Files, Lafayette Co

Trust Deed from J. W. and Elizabeth WATTS to Charles POWELL and O. F. GATHRIGHT. 

Transcribed by Jan Lawson.

  “This Indenture made and Entered into the twenty seventh day of January, one thousand eight hundred and fifty eight, between James W. WATTS and Elizabeth his wife, of the first part, Charles POWELL of the second part and O. F. GATHRIGHT of the third part. Witnesseth that the parties of the first part are Justly indebted to the party of the third part, in the sum of one thousand one hundred and thirty six Dollars evidenced by a promissory note executed by the said J. W. WATTS, bearing even date herewith and payable the first day of November A. D. 1858, with interest at the rate of ten percent per annum from the date thereof, and the party of the first part being desirous to Secure the practical payment of said note, Therefore, that for and in consideration of the Sum of one dollar in hand paid by the party of the Second part the receipt of which is hereby acknowledged, the parties of the first part have this day bargained and sold, and by these presents do bargain, Sell and Convey unto the party of the Second part, all that tract or parcel of land lying and being in the County of Lafayette and State of Mississippi by:  All that part of the East half of the Section Seventeen in Township Ten Range one West of the basis meridian of the Chickasaw cession, which is East of the public road leading from Dallas Post Office to the town of Oxford, in Said County, except a portion on the South Side (containing thirty seven acres) Containing one hundred Seventy five acres, more or less, together with the tenements and appurtenances thereunto belonging, or in anywise appertaining, and also all the estate, right, title, interest dower and right of dower claim and demand whatsoever of the Said parties of the first part of, in, and to the same.  To have and to hold the above described premises with the appurtenances unto the Said party of the Second part forever, upon trust, Nevertheless, and to Secure the payment of said debt and Should the parties of the first part fail, neglect or refuse to pay Said note by the first day of November A. D. 1858, and the expense of executing this trust, then, the party of the Second part at the request of the third part Shall proceed to Sell the above described premises, at auction, for cash, at the court house in the town of Oxford, after having given at least thirty days notice of the time and place of said Sale, by posting up three or more advertisements at public places in said County, and with the proceeds he shall pay off the said promissory note and the interest due thereon, together with the costs and charges of making such Sale, should there be enough, and the surplus, if any there be, shall be paid on demand by the parties of the first part, But should the parties of the first part  pay off the said debt and expenses as aforesaid, then obligation to be void, otherwise to remain in full force and effect.  In witness whereof the parties of the first part have hereunto set their hands and Seals the day and year first above written”.  Signed:  J. W. WATTS (seal) and E. A. WATTS

(seal)…..Certification:  State of Mississippi, County of Lafayette.  “Personally appeared before me John CEARLEY one of the Judges of the Police Court of Said County, the above named J. W. WATTS and Elizabeth his wife who acknowledged that they Signed, Sealed and delivered the foregoing deed of trust, on the day and year therein mentioned as their act and deed for the purposes therein expressed, And the said Elizabeth being examined Separate and apart from her husband acknowledged that she Signed the same without any fear or threat from him; Given under my hand this 27th day of January A. D. 1858”.  Signed:  John Cearley (seal) Member of the Board of Police.  Filed January 29th 1858.  Recorded February 1st 1858.

Lafayette Co., MS. Deed Book J, pgs. #448 - #449.  Deed of Trust from W. P. HEAD to Charles POWELL,  J. W. WATTS, trustee.

Transcribed by Jan Lawson.

“Know all men by these presents that I W. P. HEAD of the County of Lafayette & State of Mississippi for and in consideration of the sum of Five Dollars to me in hand paid and the further consideration herein after mentioned have this day bargained Sold and Conveyed unto J. W. WATTS as trustee of the same State and County the following described tract of land being in the County of Lafayette and State of Mississippi, known and described as the North half of the North West quarter Section twenty-one

(21) Township ten (10) and Range one West of the basis meridian of the Chickasaw cession in trust, nevertheless for the following purpose that is to say, I am indebted to Charles POWELL, in the sum of one hundred and thirty dollars due by note the 1st day of January A. D. one thousand eight hundred and sixty one (1861) bearing ten per cent interest from date to maturity and bearing even date with this instrument, which is the further consideration above mentioned, and it is my object and purpose to Secure the payment of said sum of money.  Now, therefore in the event that I shall fail or refuse to pay said debt or sum of one hundred & thirty Dollars when the same falls due, then it shall be the duty of the same, J. W. WATTS, on the request of the said Charles POWELL to sell said land to the highest bidder for cash on the premises after having given thirty days notice by advertisements posted up in three of the most public places in the County of Lafayette, and apply the proceeds first to the payment of the above mentioned debt and interest thereon and all costs that may occur thereby, Secondly, the balance if any is to be paid to me.  It is expressly understood that I am to keep possession of said tract of land free from rent until demanded by the said J. W. WATTS for sale.  Given under my hand and seal this the 25th of February A. D. 1860”.  Signed:  W. P. HEAD

(seal)…..Certification:  The State of Mississippi, Lafayette County.  “This day personally appeared before me Charles POWELL, an acting Justice of the Peace in and for the said County, W. P. HEAD who acknowledged that he Signed Sealed and delivered the within deed of trust for the purposes therein mentioned.  Given under my hand and seal this the 25th day of February A. D. 1860”. Signed:  Charles POWELL (seal) Justice of the Peace.  Filed January 28, 1868.

Lafayette Co., MS. Deed Book K, pg. #453 (Lawson).  Deed of Trust from M.

S. RIDLING to Charles POWELL, J. W. WATTS, trustee.

Translated by Jan Lawson.

“Know all men by these presents that I, M. S. RIDLING of the County of Lafayette State of Mississippi for and in consideration of the [sum] of five dollars to me in hand paid and the further consideration hereinafter mentioned have this day bargained sold and conveyed unto J. W. WATTS as trustee of the same State and County the following described crop of cotton growing on C. POWELL’s place in said County and State aforesaid, in trust, nevertheless for the following purpose that is to say, I am indebted to Charles POWELL in the sum of three hundred and thirty four dollars 15/100 due by Note the 6th August One thousand eight hundred and sixty six bearing ten percent interest until maturity and bearing date even with this instrument which in the further consideration above mentioned and it is my object and purpose to Secure the payment of said sum of money above mentioned when the same falls due.  Then it should be the duty of the said J. W. WATTS on the request of the said Charles POWELL to sell said Crop of Cotton to the highest bidder for cash on the premises after having given thirty days notice by advertisements posted up in three of the most public places in the County aforesaid and apply the proceeds first to the payment of the above mentioned debt and interest thereon and all costs that may occur thereby.  The balances, if any, to be paid to me.  Given under my hand and Seal this the 6th day of August A. D. 1866”.  Signed:  M. S.

RIDLING…..Certification:  State of Mississippi, LaFayette County.  “Personally appeared before me R. M. WEBSTER, an acting Justice of the Peace in and for said County, M. S. RIDLING who acknowledged he signed sealed and delivered the foregoing deed of Trust for the purposes therein Mentioned.  Given under my hand and seal this the 6th of August A. D.

1866”.  Signed:  R. M. WEBSTER, Justice of the Peace.  Filed January 9th 1867.

Lafayette Co., MS. Deed Book J, pgs. #367 - #368.  Lease from Charles POWELL to M. S. RIDLING.  Transcribed by Jan Lawson.

"Know all men by these presents that I Charles POWELL have this day leased unto M. S. RIDLING thirty acres of land on the South West quarter of Section sixteen, Township Ten Range one, until the twenty-fifth of December 1870.  The party of the second part is to deliver the same in good order, with ten rail fence, and repair the dwelling house, and build creche, stable & smoke house, and is to have the use of the same until date above written.  Given under my hand and seal this the 5th of April 1867".  Signed:  Charles POWELL (seal).....Certification:  State of Mississippi, Lafayette County.  "Personally appeared before me R. M.

WEBSTER an acting Justice of the Peace in and for said County and State aforesaid Charles POWELL who acknowledged that he signed & sealed the above as his own act and deed.  Given under my hand and seal this the first day of May 1867".  Signed: R. M Webster (seal) J. P.

Lafayette Co., MS. Deed Book J, pgs. #371 - #372.  Deed of Trust from M. S.

RIDLING, George RIDLING & John HARWELL to Charles POWELL, D. H. ANDERSON, trustee.

Transcribed by Jan Lawson.

“Know all men by these presents that we M. S. RIDLING, George RIDLING and John HARWELL, freedman of the County of Lafayette and State of Mississippi, for and in consideration of the sum of five dollars to me in hand paid, and the further consideration herein after mentioned, have this day bargained sold conveyed unto D. H. ANDERSON as trustee of the Same State and County the following described crop of cotton growing on C. POWELL’s place in said county and state aforesaid, in trust, nevertheless, for the following purposes that is to say, we are indebted to Charles POWELL in the sum of Two hundred & five dollars 57/100 due by Note, and M. S. RIDLING further binds in trust his lease of 30 acres of land on the South West quarter of Section 16 Township 10 Range 1 West; he is indebted to Chas POWELL in the further sum of one hundred & fort-five dollars by note due the 25th day of December next, bearing ten percent interest from the 1st day of January

1867 until matured which is the further consideration bearing date with this instrument.  It is my object and purpose to secure the payment of said sums of money.  Now in event that we should fail or refuse to pay said debts, or sums of money above mentioned when then the same falls due; then it shall be the duty of the said [D. H. ANDERSON] on the request of the said Charles POWELL to sell said crop of cotton and lease to the highest bidder for cash on the premises, after having given ten days notice by advertisement posted up in 3 public places in the County, and apply the proceeds first to the payment of the above mentioned debts and interest thereon, and all cost that may occur thereby; the balance if any, to be paid to me.  Given under our hands and seals this the 1st day of May 1867”.  Signed:  M. S. RIDLING (seal),  G. Y. (his X mark) RIDLING (seal) and Freedman John (his X mark) HARWELL (seal)…..Certification:  State of Mississippi, County of Lafayette.  “Personally appeared before me R. M.

WESTER, an acting Justice of the Peace in and for said County & State aforesaid, M. S. RIDLING, G. Y RIDLING & John HARWELL (freedman) who acknowledged that they signed & sealed the foregoing deed as their own act and deed, this the 1st day of May 1867”.  Signed:  R. M. WEBSTER, J.

P.   Filed July 22, 1867.

Lafayette Co., MS. Deed Book Q, pg. #240.  Indenture from Charles POWELL to P. M. FORTNER. Transcribed by Jan Lawson.

"This Indenture made and entered into by and between Charles POWELL of the first part and P. M. FORTNER of the second part all of the County of Lafayette and State of Mississippi, Witnesseth that for and in consideration of the sum of twenty Dollars in hand paid the receipt whereof is hereby acknowledged the party [of the first part] do bargain and sell and convey unto the party of the second part a certain tract or parcel of land Known and Designated to wit: five acres in the South West corner of the South West quarter of section sixteen Town[ship] Ten Range one of the basis Meridian of the Chickasaw cession to have and to hold the same his heirs and assigns forever the party of the first part do warrant and Defend the title against the claim or claims of each and every person or persons in witness whereof the party of the first part do hereunto affix his hand and seal this the 12th day of January A. D. 1873".  Signed: Charles POWELL

(seal).....Certification:  State of Mississippi, County of LaFayette.  “This day personally appeared before me F. A. PERRY Justice of the Peace in and for said County Charles POWELL who acknowledged that he signed sealed and delivered the within deed for the purpose therein mentioned.  Given under my hand and seal the 24th of January A. D.

1873".  Signed: J. A. PERRY, J. P. (seal).  Filed & Recorded July 19th 1873.

Lafayette Co., MS. Deed Book S, pg. #509.  Indenture from Charles POWELL to Union Church. Transcribed by Jan Lawson.

"This Indenture made and entered into by and between Charles POWELL of the first part and the Deacons of Union Church of the second part, all of the County of Lafayette and State of Mississippi.  Witnesseth that the party of the first part has given and donated to the Union Church two acres of land North of the South line of the South West quarter of Section sixteen Town[ship] ten (10) Range one so as to embrace the church house on said land.  And the party of the first part does warrant and defend the title of the same against the claim or claims of each and every person or persons whomsoever.  In witnesseth the party of the first part has hereunto set his hand and affixed his seal this the 12th of January A. D.

1873".  Signed:  Charles POWELL (seal).....Certification:  State of Mississippi, LaFayette County.  “This day personally appeared before me F.

A. PERRY Justice of the Peach for said County Charles POWELL who acknowledged that he signed and delivered the within deed for the purpose therein mentioned.  Given under my hand and seal this the 24th day of February 1873".  Signed:  F. A. PERRY (seal) J. P.  Filed December 30, 1874.  Recorded February 5th 1875.

Lafayette Co., MS. Deed Book S, pg. #15.  Indenture from Charles POWELL to Elisha CEARLY.  Transcribed by Jan Lawson.

"This Indenture made and entered into by and between Chas POWELL of Panola County of the first part and Eli CEARLY of LaFayette County of the second part all of the State of Mississippi.  Witnesseth that the party of the first part in consideration of the sum of twenty four hundred dollars in hand paid the receipt whereof is hereby acknowledged do bargain, sell and convey unto the party of the second part the West Half of section sixteen town[ship] ten Range one except five acres in the South West corner of the South West quarter and two acres on the South line of the South West quarter near the South East corner of said quarter so as to embrace Union Church in the center said two acres West of the Basis Meridian to have and to hold, and the party of the first part do warrant and defend the title of the same against the claim of each and every person or persons whomsoever his heirs and assigns.  The party of the first part have hereunto set his hand and seal this the twenty seventh of January A. D.

1874".  Signed:  Charles POWELL (seal).....Certification:  State of Mississippi, LaFayette County. "This day personally appeared before me E.

PALMER Supervisor of said County Charles POWELL who acknowledged that he signed sealed and delivered the within Deed for the purposes therein mentioned.  Given under my hand and seal this the 29th of January A. D.

1874".  Signed:  E. PALMER, Supervisor.  Filed June 15th 1874.  Recorded June 20th 1874.