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1811 Mortgage - Samson Russell to Lazarus Rives

1811 Mortgage - Samson Russell to Lazarus Rives

1811 Mortgage - Samson Russell to Lazarus Rives


Introduction

Richland County, South Carolina
Equity Bill 136
29 Jan 1811

Transcript

South Carolina }
Richland District} St. Columbia

This Indenture made the twenty ninth day of January in the year of our Lord one thousand eight hundred and eleven between Samson Russell of the District of Richland and State aforesaid planter of the oe part and Lazarus Rives of the same place planter of the other part - Witnesseth that whereas the said Samson stands indebted to the said Lazarus Rives in the penal sum of four hundred dollars by a bond bearing even date with these presents conditioned for the payment of the sum of two hundred dollars four years after the date of the said Bond. Now this Indenture Witnesseth that the said Samson Russel for and in consideration of the said Debt or Sum payable as aforesaid to the said Lazarus Rives, and for the better securing the payment thereof to the said Lazarus Rives, according to the Tenor and effect of the said Bond and condition and also in consideration of the sum of one dollar by the said Lazarus to the said Samson in hand paid at and before the sealing and delivery of these presents does grant, bargain, sell alien, release, convey and confirm unto the said Lazarus, and to his heirs and assigns forever all that plantation or tract of land containing two hundred acres sutuate lying and being on a Branch of Crain Creek called the dry Fork and Waters of Broad River, the same being part of a tract of land granted to Alexander Kennedy, the said priginal tract bounded NW on land of Charles Deslore, and on all other sides on vacant land, the said tract of two hundred acres bounded now NW on the said land of Deflore, E on John Mitchels land the same being the balance of the original tract SE on Solomon Nippers land SW on Hugh Hartins Land the same being conveyed by the said Alexander Kennedy to the said Lazarus Rives. Together with all and singular the Rights, members and appurtenances thereto belonging or in any wise incident or appurtaining, and the Reversions, Remainders, Rents issues and profits thereof. To have and to hold the plantation or tract of land with the appurtenances unto the said Lazarus Rives his heirs and assigns forever. Provided always nevertheless, and it is the true intent and meaning of the parties to these presents, that if the said Samson Russell his heirs executors or administrators shall well and truly pay, or cause to be paid unto the said Lazarus Rives the said sum of four hundred Dollars according to the true Tenor and effect of the said Bodn and condition above mentioned, then and from thenceforth these presents shall be utterly null and void and thing herein containined to the contrary thereof in any wise notwithstanding. And it is covenanted and agreed upon, by and between the parties to these presents, that until default shall be made in payment of the aforesaid sum as ebefore set forth, and the interest on the same it shall and may be lawfull & (?) for the said Samson Russell his heirs executors or administrators or devisees peaceably and quietly to hold use occupy possess and enjoy all and singular the premises above granted and released, and every part thereof with the appurtenances and to have receive and take the rents issues and profits thereof to his own particular use and behoof, any thing herein contained to the contrary hereof in any wise notwithstanding.
In Witness whereof the said parties to these presents have hereunto set their hands and affixed their seals the day and year first above written.
Sampson Russell
Sealed and delivered in }
the presencs of us }
Jn Chappel
Danl H S(?)

Commentary

Although Richland County recorded deeds are not extant, this deed was recorded in an Equity court case.

Source

Richland County, South Carolina Equity Bill 136