Deed of Trust, Brittain to Boerley.

This Indenture made this 16th day of October in the year 1852 between Joseph Brittain jun’r and Ellen M Brittain, his wife, of the one part, and Charles B. Harding of the other part. Witnesseth that the said Joseph Brittain, doth grant unto the said Charles B. Harding the following real property, to wit: one house nearly furnished on a lot recently purchased by said Brittain from the United States Government together with the said lot in trust to secure Thomas Boerley the sum of one hundred dollars, fifty dollars which has already been secured by deed of trust now on record in the Clerk’s office of the County Court of Jefferson. The residue of fifty doll, the said Boerley has [?] said Brittain. Now should the said Joseph Brittain pay to the said Thomas Boerley the said sum of one hundred dolls in 12 months with all the legal interest due thereon then this obligation is to be void. But should the said Joseph Brittain fail to pay said sum of money with the interest due thereon at the time specified to said Thomas Boerley then authority is hereby given to said Chas. B. Harding to sell the aforesaid house and lot upon a credit of six months after advertising of sale for one month in some newspaper published in the county of the proceeds of sale after depossession, the expenses of this Trust shall be applied to the payment of said one hundred dolls with all the legal interest due thereon to the said Thomas Boerley, his heirs or assigns, and the balance if any shall be paid to the Joseph Brittain. And the said Joseph Brittain and Elizabeth Brittain for themselves and their heirs doth hereby covenant to and with the said Chas. B. Harding and his heirs to warrant and forever defend by these presents the property hereby conveyed. In Witness Whereof, the said parties have hereunto set their hands and seals, Oct 16 1852

Ellen M. Brittain (seal)
Joseph Brittain (seal)
Chas. B. Harding (seal)