Joseph L. Bernard Trust Deed: 1848


State of Mississippi
Issaquena County

This indenture made and entered into by and between Joseph L. Bernard of the above county and state, of the first part, William Cannon of Adams County  and same state of the second part, and Robert M. Smith, as trustee of said Cannon, of Tallula Issaquena County of the third part witnesseth: that the said Joseph L. Bernard for and in consideration of the sum of Ten Dollars to him in hand paid by the said William Cannon, the receipt which is hereby acknowledged and in order the more effectually to secure the debt herein after mentioned has bargained, sold and delivered and hereby does bargain, sell and deliver unto the said Robert M. Smith the following described negro Slaves - viz: Spencer, aged about 25 years: Dick, about 25: Cornelius, about 30: Nathan, about 20: Peggy, about 28: Teeney, about 30: Celia, about 18: Jane, about 18: Celest, about 19: & Rhoda, about 25: to have and to hold the above described negro Slaves and their natural increase unto the said Robert M. Smith, his executors and administrators forever upon the trust and condition following, that is to say: whereas the said Bernard is indebted to the said Cannon in the just & full sum of Seven Hundred and Eighty Four Dollars as contained in said Bernard's promissory note for that amount in favor of said Cannon on order dated Natchez, December 25, 1848 & due the first day of March A.D. Eighteen Hundred and Fifty for value received payable at the office of W.A. Bulton & Co: Natchez. Now if the said Bernard shall well & truly pay unto said Cannon or whoever may be the holder of the same the said promissory note at its maturity then this indenture to cease and determine, but otherwise and in default it is understood and hereby stipulated & agreed that the said Robert M. Smith, Trustee as aforesaid shall have full power and authority & he is hereby invested with power and authority after first giving public notice in some newspaper printed and published in the city of  Natchez for the period of thirty days - of the time, place & terms of sale to proceed to sell at the door of the courthouse in the town of Tallula in Issaquena County, said negro slaves with their increase or so many thereof as may be necessary to the highest bidder, or bidders for cash and the proceeds of such sale or so much sale, or so much thereof as may be necessary to apply to the payment of said promissory together with all interest & charges thereon & the expenses of executing this trust & the balance of such proceeds, if any, to pay over to the said Bernard upon his receipt for the same. It is further stipulated & agreed that the said slaves shall remain in the possession of Bernard until such time as a sale under this deed shall become necessary at which time said Bernard ... agrees to deliver up said slaves unto said Robert M. Smith, trustee as aforesaid for the purpose of such sale.

In witness whereof the said Bernard & Cannon have hereunto set their hands & seals this twenty fifth day of December A.D. 1848.

J.L. Bernard    S E A L
Wm. Cannon   S E A L
R.M.Smith    S E AL
Attest: Richard A. Inge

The State of Mississippi
Adams County

Personally appeared before me, Richard A. Inge, Clerk of the Probate Court of said county, the above named Joseph L. Bernard and William Cannon and severaly acknowledged that they signed sealed and delivered the foregoing deed of trust on the day and year therein mentioned as their own act and deed.

Given under my hand and the seal of said court at the City of Natchez, the 26th day of December A.D. Eighteen hundred and forty eight.

Rich'd A. Inge, Clk.

The State of Mississippi
Issaquena County

Personally appeared before me, John McLaurin clerk of the Probate Court of said county - the above named Robert M. Smith, who acknowledged that he signed the going instrument of writing and (accepting the trust &c) as his own act and deed for the purpose therein ....

State of Mississippi
Issaquena County

I, R.M. Smith, trustee mentioned in this deed of trust do hereby certify that this deed of trust has been fully satisfied & paid. Given under my hand & seal this July 22nd A.D. 1850.

R.M. Smith

Genealogical Notes:

1850 Issaquena County Federal Census

Page 298B
56-56
Joseph L. Barnard: age 26, Planter, Louisiana
Rebecca F.: age 23, Mississippi
Henry: age 1, Mississippi

Page 300A

103-103
John McLaurin: age 37, Clerk, C. Court, South Carolina
Sarah G.: age 35, Mississippi
Mary Sophia: age 12, Mississippi
Glenara H.: age 6, Mississippi
Mary G. Singleton: age 17, Mississippi

110-110
Robert M. Smith: age 38, Overseer, Kentucky
Serena: age 19, North Carolina
Robt. M. Jr.: age 2, Missouri
Walter J.: age 4/12, Mississippi

1850 Adams County Federal Census

Page 23B
97-97
Wm. Cannon: age 38, Planter, Maryland
Jane E.: age 28, Mississippi
Wm. S.: age 4, Mississippi
L___ S.: age 2, Mississippi
Corine Bernard: age 14, Mississippi
Wm. S. Bernard: age 12, Mississippi
Thos. Bernard: age 9, Mississippi
Mary M. Bernard: age 65, Mississippi
 

Original Deed copied by James Newman and transcribed by Bob Franks

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