Thomas Russell Sr. to Multiple Debt Holders - Farm Mortgage

David Leitch sold 156 acres of land on the waters of Broad Run to Thomas Anderson on 1 Apr 1794 while it was still a part of Jefferson County. Later, Anderson's heirs sold the land to Thomas Russell Sr. Then in 1840, Thomas Russell Sr. sold 6.5 acres of his land to his son Thomas Jr. and his son-in-law William C. Short where they were operating a grocery store. Then on 21 Oct 1843, Russell mortgaged the rest of the farm and personal property to a group of people to whom he was indebted, as shown below. Note that he was also mortgaging the hire of five slaves. It appears that Russell sold 51 acres of this tract to Alexander McCrocklin on 14 Jul 1851; then sold 13.75 acres to William C. Short on the same day. Following his death, his heirs were required to sell the remaining 86 acres, more or less, via a Circuit Court suit, and William C. Short was the purchaser.

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Bullitt County Deed Book K, Pages 136-137

This indenture made this 21st day of October 1843 between Thomas Russell Sr. of Bullitt County and State of Kentucky of the one part, and Charles Hall, Peyton Burditt, David Hall, Peter Brentlinger, Joseph Swearingen, J. Q. A. Hall, Thomas Hall, John Harman of Bullitt County and state of Kentucky, Alexander McCrocklin, Elisha Collings, Susan Simpson of Spencer County, William Beaty of __ county and William R. Grigsby of Nelson County and state of Kentucky of the second part.

Witnesseth that whereas the said party of the first part is indebted to Charles Hall in the sum of $775.50 for which he holds my note dated the 10th day of March 1843 due and payable 10 March 1844 with interest from its date. I am also indebted to Peyton Burditt in the sum of $43 for which he holds my note payable in March 1844. I am also indebted to David Hall in the sum of $196 for which he holds my two several notes which has been due sometime, the time not recollected. I am also indebted to Peter Brentlinger in the sum of $16 with interest. I am also indebted to Joseph Swearingen in the sum of $100 which was due in September 1843. I am also indebted to Thomas Hall in the sum of $28 due 25 December 1843. Also, I am indebted to Alexander McClocklin in the sum of $50 due the 25 December 1843. Also, I am indebted to Elisha Collings in the sum of $73.70 due in September 1843. I am also indebted to Susan Simpson in the sum of $100 due in March 1844. I am also indebted to William Beatty in the sum of $76.30 due October 1844. Also, I am indebted to William R. Grigsby in the sum of $300 on a note due 25th of December 1843 which note bears interest from its date.

Therefore, these presents witnesseth that for and in consideration of my indebtedness to the several persons above named owed for the purpose of securing the payment of the several sums of money to the aforesaid persons of the second part with the interest that has already and may hereafter accrue on said notes, which is referred to for a more particular dictate of the several sums of money due by said Russell to the several persons of the second part herein mentioned, hath hereafter to become due the said Thomas Russell, hath this day bargained and sold, and by these presents doth grant, bargain, sell, convey and confirm unto the several persons above named the following described property viz. 150 acres of land situate laying and being in Bullitt County and state of Kentucky on the waters of Broad Run, a branch of Floyd's Fork, and being the tract of land on which said Russell now lives, and which said Russell purchased of Thomas Anderson; also five Negroes to-wit, Watt, David, Lewis, Sara and Ruth, one wagon and fur pair gear, also all his stock of horses, cattle, sheep and hogs, all his household and kitchen furniture and farming utensils.

To have and to hold the same with all and singular the appurtenances threeunto belonging to their only proper use and benefit forever. And they said Thomas Russell of the first part covenants and agrees too, and with the several persons mentioned in the second part that he will and his heirs shall forever warrant and defend the title of the above described property from himself, his heirs, and from the claim or claims of all persons claiming in through or by them, and from the claim or claims of all other persons, whatever either claiming or to claim unto the said Charles Hall, Peyton Burditt, David Hall, Peter Brentlinger, Joseph Swearingen, J. Q. A. Hall, Thomas Hall, John Harman, Alexander McClocklin, Elisha Collings, Susan Simpson, William Beaty and William R. Grigsby and their heirs forever.

In testimony whereof the said Thomas Russell has hereunto set his hand and affixed his seal the day and year above written.

[Herein the deed specifies how Russell is to repay these debts to prevent foreclosure of this mortgage.]

And when the several payments as above stated shall be well and truly made and done agreeable to the several notes and bonds heretofore executed by the said Thomas Russell to the above named persons, then and in that case these presents shall be of no effect and the property hereby conveyed shall revert and be revested in the said Russell, otherwise to remain in full force and virtue in law. In testimony whereof the said Thomas Russell has hereunto set his hand and affixed his seal the day and year above written. (signed) Thomas Russell

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