Submitted by Kathy Turner December 30, 2010
Mecklenburg Co., VA Deed Bk 37, pp. 261-262:
Edward H. Toone to Alexander Sydnor, sr.: This Deed made the 4th day of August 1866 between Edward H. Toone of the first part and Alexander Sydnor hereby appointed Trustee of the second part, Witnesseth, that the said Edwd. H. Toone doth hereby grant bargain & sell unto the said Alexr Sydnor Trustee the following property, to wit, All the right title and interest of him the said Toone in law or equity(?) to the tract of land upon which said Toone resides containing seven hundred and ten acres, more or less, adjoining the lands of Jno. S. Feild, the estate of James D. Whitin, and others, his entire stock of cattle, horses, hogs, and sheep, all his household and kitchen furniture, wagons, carts, and farming utensils of every description, one threshing machine, one piano, and the interest of said Toone in the estate of his deceased son Edward H. Toone, and the growing crop of every description the crop of oats and wheat now here vested, and the corn in the crib, and supplies of every description now in hand. In trust to secure First the following debts and liabilities of said farm hereby designated as debts of the First Class, viz. Bond of $1500 Robt. C. Friend executed the 1st day of July 1866 payable on demand, Bond to Edwd. Yancey Gdn of L. T. & J. C. Watkins
executed day of and payable 1st Jany, 1859, for $240.00 Bond to same
executed day of and payable 1st Jany, 1860, for $125.00 Bond to same
executed day of and payable 1st Jany, 1861, for $125.00 Bond to same
executed day of and payable 1st Jany, 1864, for $202.00 Bond to same
executed day of and payable 1st Jany, 1864, for $180.00 upon all of which said bonds, with the exception of that to Robt. C. Friend, Jno. S. Field, Sr. is bound with and as Surety for the said Toone. Whatever amount of Principal and interest may be due upon a Judgment obtained by James Bowers against the said Toone, and Jno. S. Field, at the April Term of the Circuit Court of Mecklenburg County, 1866, and Secondly to secure, the payment of a bond to E. Yancey Gdn. of L. T. & J. C. Watkins executed day of and payable 1st Jany 1858, for $125.00 and any other debt of the said Toone however due which may be presented to and established to the satisfaction of the Trustee to be a proper debt of the said Toone within ninety days from the date of this deed. And it is covenanted and agreed between the parties that the said Toone is to retain the possession, use, enjoyment, and control of the property and effects hereby conveyed until such time as debts generally can be collected by legal process in Virginia, at or after which time the Trustee shall upon the request of any party Secured or intended to be Secured by? This deed of his giving reasonable and proper notice of the time & place of sale, sell this property hereby conveyed for cash and that the forwards after defraying the expenses of making and executing this trust be apply (sic) first to the payment satisfaction and discharge of the debts secondly secured by this deed, and that the surplus if any in pay to the said E. H. Toone, or his order. Witness the following signatures and seals:
The Eleventh, Twelfth & part of the Thirteenth line from the Bond(?)
of the 2nd page erased before Signing Edward H. Toone (seal)
Alexr. Sydnor (seal)
In the Clerks office of the Mecklenburg County Court, August 4th, 1866.
The foregoing Deed of Trust was this day acknowledged in the Clerk’s office aforesaid by E. H. Toone and Alexr. Sydnor, to be their act and deed, and with Internal Revenue Stamps of the Value of $3.00 adhered thereto, and duly cancelled, is admitted to record.
Teste R. F. Clack, Clk.