Edward McDade to James Martin - Mortgage of Part of Lot 25

On 6 Oct 1821, James J. Dozier sold a part of Shepherdsville lot #25 to Edward McDade. This was the northernmost 40 feet of lot 25. McDade mortgaged the lot to James Martin on 1 Dec 1821 in exchange for Martin's standing as security for McDade in some transactions. McDade later sold it to Richard P. Simmons.

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Bullitt County Deed Book D, Pages 476-478

This indenture made the first day of December 1821 between Edward McDade of the county of Jefferson and state of Kentucky and Eliza, his wife of the one part and James Martin of the same county of the other part.

Witnesseth that the said McDade and wife for and in consideration of the sum of one dollar current money of the United States, the receipt of which is hereby acknowledged, have granted, bargained and sold, and by these presents do grant, bargain and sell unto the said Martin and his heirs and assigns forever a certain Inn lot in the town of Shepherdsville in the county of Bullitt and state aforesaid which was conveyed by James J. Dozier to said McDade who purchased and received a conveyance therefore from John Shadock [Chaddic] who purchased and received a conveyance therefore from John Graham, the number of said lot not recollected, with all the appurtenances.

To have and to hold the said lot with all the appurtenances unto the said Martin and to his heirs and assigns to his and their only proper use, benefit and behoof forever.

And the said McDade will and his heirs, executors and administrators shall warrant and forever defend the said lot of ground with all the appurtenances unto the said James Martin and to his heirs and assigns against all and every person or persons whatever lawfully claiming or to claim the same.

In trust nevertheless that whereas the said James Martin has become bound for said McDade as security in replevin bonds and special bail for said McDade and in other instances, and may hereafter become bound as security for him in other matters for said McDade, now therefore if the said McDade or his heirs, executors, administrators or assigns shall release, save and keep harmless the said James Martin or his heirs, executors and administrators from all liability, cost, damages and trouble by reason of any undertaking as security for said McDade on the part of said Martin or which he shall hereafter enter into for said McDade then and in that case the said Martin or his heirs or assigns shall within a reasonable time after request and notice and at the proper costs and charges of said McDade or his heirs or assigns reconvey said property unto said McDade or his heirs or assigns; but should he or they make default in either of the events aforesaid and suit or suits shall be instituted and judgment or judgments rendered and execution or executions issue against said Martin or his heirs, executors, administrators or assigns for or on account of any such securityship or undertaking as above mentioned that then and in that case it shall and may be lawful for said Martin or his heirs, executors, administrators or assigns to give up to the officer or officers having the same for collection the property herein and hereby conveyed to be by such officer sold according to law to satisfy such execution or executions and convey the same to the purchaser or purchasers thereof as is usual and after applying the proceeds of the sale of said lot to the discharge of the said securityship and undertakings as above mentioned, then the balance to be by said Martin or his heirs, executors, administrators or assigns applied to the support of the wife and family of said McDade.

And it is further agreed that the aid Martin is to enter upon and keep possession of the premises so soon as a lease from said Edward McDade to James John shall expire, and keep the same in his possession until the said McDade shall indemnify the said Martin shall be made on the part of the said Edward McDade has herein before stated.

In testimony whereof the said McDade and wife and James Martin have hereto set their hands and seals the day and year first written.

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