O’Conner; deed of trust Fouke for Russell

This Indenture made this 27th day of February, 1839, between Patrick O’Conner, of the County of Jefferson and State of Virginia of the first part, Isaac Fouke, of the County of Jefferson and State of Virginia of the second part, and Israel Russell, of the County of Jefferson and State of Virginia of the third part: Whereas, the said Patrick O’Conner is indebted to the said Israel Russell in the Sum of one Thousand fifteen Dollars, and twenty four cents, due by single bill bearing even date with these presents and payable three months after date with interest from date, and by said single bill will more fully appear, and being desirous to secure said debt has agreed to give this Deed of Trust. Now this Indenture witnesseth, that the said Patrick O’Conner, for and in consideration of the promises, and also for and in consideration of the Sum of one Dollar, current Money of the United States, in hand paid by the said Isaac Fouke to the said Patrick O’Conner at or before the sealing and delivery of these Presents, the receipt whereof is hereby acknowledged, he the said Patrick O’Conner has granted, bargained and sold, and by these Presents doth grant, bargain and sell unto the said Isaac Fouke all the Right, Title, Interest and Claim of him the said Patrick O’Conner in and to a certain Lease made by Michael Foley to said O’Conner, the 14th day of April, 1838, of part of Lot No. 29 in the town of Harpers Ferry and also all the improvements made on said devised premises by said O’Conner, and the following articles of personal property, to wit: one Grey mare, 7 or 8 years old, two bay Horses, one Grey horse, one brown horse, three truck wagons, one of them new with spokes, five sets of Harnesses complete, two carts and harness, one old wagon, one bureau on desk, two feather beds and bedding, Six straw beds and bedding, one safe, two Looking Glasses, one dozen and a half of chairs, one cow, and many other articles of household kitchen furniture, as also one large cooking stove, four tables, one saddle and two bridles. To have and to hold the said Lease and improvements and other property to the said Isaac Fouke, his heirs, executors, administrators, or assigns forever. In Trust for the following use, interest and purpose and no other, that is to say if the said Patrick O’Connor shall fail to pay to the said Israel Russell his executors, administrators or assigns the aforesaid sum of one Thousand fifteen dollars and twenty four cents, with interest from the date, or any part thereof, three months from this date, then and in that case at the request of the said Israel Russell the said Isaac Fouke shall and ___ sell at public ____, the Lease and improvements and other property aforesaid, to the highest bidder, for ready money, having previously advertised the time and place of Sale at least three weeks in some newspaper printed in Jefferson County, and the money arising from said Sale shall first apply to the discharge of all reasonable expenses attending the execution of this Trust, including the usual commission to said Trustee, and then to the discharge of the aforesaid debt and all interest due thereon, and the residue, if any there shall be, shall pay over to the said Patrick O’Conner, his executors, administrators or assigns. And the said Patrick O’Conner for himself, his heirs, executors and administrators, doth hereby warrant and defend forever to the said Isaac Fouke the said Lease and improvements and other property against the claims and demands of all persons whatsoever. In Witness whereof, the said Patrick O’Conner and Isaac Fouke have hereunto set their hands and seals, the day and year first aforesaid.

Patrick O’Conner (seal)
Isaac Fouke (seal)
Israel Russell (seal)

Signed, sealed and delivered in presence of
F. Beckham
Geo. B. Stephenson