An Indenture of Andrew W. Carter

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
A. W. Carter Deed to R. W. Higgins, pages 158-159
January 19, 1850

This indenture made and entered into this 19th day of January 1850 between Andrew W. Carter of the county of DeKalb and state of Alabama of the first part and John B. Waldon trustee as appointed by the parties for the purpose hereinafter mentioned and set forth of the second part witnesseth that whereas the said Andrew W. Carter stands justly indebted to Robert W. Higgins of the county and state aforesaid the sum of seventy dollars due by promissary note dated the 19th day of January 1850 and due one day after the date thereof and the said Andrew W. Carter being desirous of securing the said R. W. Higgins the sure and certain payment of said sum of money whenever the same becomes due at the time aforesaid and having most implicit confidence in the honesty and integrity of the said John B. Waldon of said county of DeKalb and the same being agreed upon by all the paries to the deed, the said Andrew W. Carter for and in consideration of the sum of one dollar to him in hand paid by the said J. B. Waldon trustee aforesaid hath bargained and sold and doth by these presents sell and convey and confirm as trust unto the said John B. Waldon for the security of said debt due as aforesaid and do hereby pledge, put in trust, and make over to the said John B. Waldon as aforesaid the following described property to wit: one horse and buggy together with the harness and thereto belonging the property of the said Andrew W. Carter to have the same to the said J. B. Waldon trustee as aforesaid and to his successors for the use and purposes and under the express stipulation following, that is to say that the property herein mentioned and conveyed as aforesaid to remain in possession of the said Andrew W. Carter and for the use thereof the said Andew W. Carter is to keep the same as if it were really his own until as hereinafter provided that if the said debt shall not be paid against maturity or any part of the same shall remain due and unpaid then whenever the said Robert W. Higgins, his agent or attorney shall require the said John B. Waldon in writing to proceed in execution of the trust hereinreposed in him the said John B. Waldon shall immediately on such requisition being made take possession of said property herein conveyed in trust and shall sell the same under the following restrictions viz. after advertising the aforesaid property for thirty days in the nearest newspaper or at three public places in said county, one of which shall be the court house of said county Lebanon, Ala. to the highest bidder for cash which property the said Andrew W. Carter agrees to deliver up when called for and of the process of said sale made as aforesaid the John B. Waldon is authorized to pay first the expenses attending the authenticating of this deed and then pay to the said Robert W. Higgins his debt and interest and the remainder if any shall remit to the said Andrew W. Carter and the said John B. Waldon trustee as aforesaid is authorized to convey the said as to his assigns as successors what right may remain in said to said property, but if the said Andrew W. Carter shall in good faith pay the said R. W. Higgins 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 the said Andrew W. Carter. In testimony whereof the said Andrew W. Carter has signed, sealed, and delivered these presents this date above written.

in presence of                      A. W. Carter {seal}
William B. Echols                 J. B. Waldon {seal}
G. L. Cunningham

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