Lancaster County SC
27 January 1845
Deed Book P p38
Thomas Flemming } A
To } Mortgage
Jas H. Witherspoon CE }
The State of South Carolina Lancaster District
This indenture made the 27th day of January in the year of our Lord one thousand Eight hundred and forty five between James H. Witherspoon Comr of the court of Equity of the one part and Thomas Flemming of the other part Witnesseth - Whereas the said Thomas Fleming stands indebted to the said James H. Witherspoon Comr as aforesaid by his bond having even date with this indenture conditioned for the payment of Two hundred Dollars one half thereof on the 6th January 1846 and the remaining one half on the 6th January 1847 with Interest on the whole from the 6th January 1845 until paid. Now this Indenture Witnesseth that the said Thos Fleming for and in consideration of the said debt or sum payable as aforesaid to the said James H. Witherspoon Commissioner as aforesaid and for the better securing the payments thereof to the said James H Witherspoon Comr as aforesaid according to the tenor & times aforesaid and also in consideration of the sum of one Dollar by him the said James H. Witherspoon Comr as aforesaid to the said Thomas Fleming in hand paid at & before the sealing and delivery of these presents do Grant Bargain Sell and alien Release convey and confirm unto the said James H. Witherspoon Comr as aforesaid and to his successors in office forever all that piece, parcel, plantation or tract of land situate on Lancaster District containing Seventy Eight acres more or less bounded by land of Elinor Blackmon, Amos Blackmon, Susanah Baskin, B J. Blackmon having such form, marks, shapes & boundaries as a plat thereof made by B J. Blackmon Novr 1844 annexed to the return of the Comr case of Elisha Reeves et al vs Phillip Richardson and wife of others, marked B represents, a copy of which is annexed to the deed from said Witherspoon to me reference being had to the same to more fully describe and locate said land.
Together with all and singular the Rights, Members and appurtenances thereto belonging or in anywise appertaining and to the _ and Remainders, Rents, fees and profits thereof, To have and to hold the said piece parcel or tract land with its appurtenances unto the said James H. Witherspoon Comr as aforesaid & his successors in office forever.
Provided always Nevertheless, and it is the true intent and meaning of the parties to these presents, that if the said Thos Felming or his heirs Excrs or Admrs shall well or truly pay or come to be paid unto the said James H. Witherspoon Comr as aforesaid the sum of Two hundred Dollars according to the tenor & terms & payments above mentioned then and from henceforth these presents shall be utterly null and void anything herein claimed to the contrary thereof in anywise 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 before set forth and the Interest for the same it shall & may be lawfully to and for the said Thos Fleming peacably & quietly to hold use occupy profit and enjoy all and singular the premises above granted & released and any part thereof, with the appurtenances and to have _ the Rents issues & profits thereof to his own proper use and : anything herein contained to the contrary thereof in anywise notwithstanding. In witness whereof the said parties to these presents have hereunto set their hand & seal the day and year first above written
Sealed and delivered in the presence of }Thomas Felmming (Seal)
Jas M. Shem
South Carolina }
Lancaster District } Personally appeared William Reed and on oath saith that he saw Thos Fleming Sign, Seal and deliver the within mortgage for the uses and purposes therein mentioned and that James M. Shem with himself in the presence of each other witnessed the same.
Sworn to before me 27th Jany 1845 S. Becham Clk }Wm Reed