An Indenture of James Cave

A few changes in spelling and capitalization have been made, and punctuation has been added to facilitate reading, but the grammar and syntax of the original document are intact.

DeKalb County, AL Courthouse: Deed Record C
James Cave Trust Deed to W. F. Mooney, pages 42-43
September 1, 1848

This indenture made this first day of September in the year 1848 between James Cave of the county of DeKalb and state of Alabama of the first part and Williamson F. Mooney of the same county and state, trustee as appointed by the parties for the purposes hereinafter mentioned and set forth, of the second part, witnesseth, that whereas the said James Cave stands justly indebted to H. H. Davis* of this county of Dallas in said state in the sum of fifteen hundred dollars due by promissory note bearing even date with their presents and due and payable on the first day of January 1851 and the said James Cave being desirous of securing to said H. H. Davis the sure and certain payment of the said sum of money whenever the same becomes due at the time aforesaid and having the most implicit confidence in the honesty and integrity of the said Williamson F. Mooney of the said county of DeKalb, and the same having been agreed upon by all the parties to this deed, the said James Cave for and in consideration as aforesaid and the further consideration of the sum of one dollar to him in hand paid by the said Williamson F. Mooney, trustee as aforesaid, hath bargained and sold and doth by these presents sell, convey and confirm in trust to the said Williamson F. Mooney the securirty of said debt, due as aforesaid, and hereby pledge, put in trust, and make over to the said Williamson F. Mooney, trustee as aforesaid, the following described property, to wit two hundred hogsheads, one road wagon, four horses gear and wagon hawsers, two yoke of work oxen, and one cart, the property of the said James Cave, to have and to hold the same to the said Williamson F. Mooney, trustee as aforesaid, for the uses and purposes and under the express stipulations following, that is to say, that the property herein mentioned and conveyed in trust as aforesaid to remain in possession of the said James Cave and further use thereof the said James Cave is to provide and keep the same as if it really were his own until as herein provided, that if the [debt] shall not be paid against maturity or any part thereof shall remain due and unpaid, then whenever the said H. H. Davis, his agent or attorney shall require the said Williamson F. Mooney in writing to proceed in execution of the trust provided herein reposed in him, he, the said Williamson F. Mooney, shall immediately on such request being made take possession of said property herein conveyed in trust and shall sell the same under the following restrictions, namely after advertising the aforesaid property for thirty days in the nearest newspaper, he shall the same at public auction in Van Buren in said county of DeKalb to the highest bidder for cash which property the said James Cave agrees to deliver up when called for, and the proceeds of said sale made as aforesaid, the said Williamson F. Mooney is authorized to pay first the expenses attending the authenticating of this deed then pay to said H. H. Davis his debt and interest and the remainder if any shall remit to the said James Cave, and the said Williamson F. Mooney, trustee as aforesaid, is hereby authorized to convey the said James Cave or his assigns or successors what right may remain in H. H. Davis to said property, but if the said James Cave shall in good faith pay to the said H. H. Davis the debt aforesaid and interest and also pay the expenses of this conveyance, then all and every part of this conveyance shall be null and void and the right of the property mentioned shall remain in said James Cave. In testimony whereof the said James Cave has signed, sealed and delivered these presents the date above written in presence of

James Cave {seal}

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