TRUST DEED

Grantor: James Hunter Lawrence McGinnis

Grantee: Phineas T. Scruggs

Source: Fayette County, TN Deed Book I, pg. 53 Date: 3 July 1839 Notes: This is a complex, multiparty business arrangement which lists multiple

debts covered by various properties, both land and personal possessions and slaves. It refers to Morgan’s Store as the store of Hunter & McGinnis. States that McGinnis is living on the 69 ¼ acres Morgan Store tracts. Slaves included: Mansfield, Lewis, John, Willis, Frank, Memsy, Lucy, Horace, Lisie, Livi.

This Indenture made this 3rd day of July A.D. 1839 between James Hunter, Charles

Hunter, John Hunter, and Lawrence C. McGinnis of the 1st part, and Phineas T.

Scruggs and Erwin M. Wilder of the second part, and Irwin M. Wilder, James Y.

Colier, Wm. M. Wilson, Edmond W. Tipton, Willie B. Tipton, Samuel Hunter, Wm.

V. Taylor, Lawson L. Davis, and Thos H. Lester of the third part: Witnesseth:

Whereas the said Jas. Chas and John Hunter as partners together with Samuel

Hunter of the Mercantile Firm of John Hunter & Co. are indebted by promissory not in

the sum of Three Thousand Five Hundred and Twenty Seven Dollars to J. W. and R.

Leavitt already due upon which note the said Edw. W. Tipton and Lawson L. Davis

are liable as accommodation endorsers for the benefit of said firm of John Hunter & Co.

and whereas the said Jas. Hunter and said L. C. McGinnis are partners in the

Mercantile Firm of Hunter McGinnis & Co. are indebted to the Planter Bank of Tenn.

upon a promissory note in the sum of Seven Thousand one hundred and Fifty Four

Dollars, already due upon which said promissory note said Samuel Hunter, W. M.

Willson, L. L. Davis, E. W. Tipton and W. B. Tipton are responsible as

accommodation endorsers for the benefit of said firm of Hunter McGinnis & Co. and

whereas said James Hunter and L. C. McGinnis as partners in the said Firm of Hunter

McGinnis & Co are in debt upon the promissory note to the Mercantile Firm of N. & J.

Dick & Co. of New Orleans, in the like sum of Seven Thousand One Hundred and Fifty

Four Dollars due on the 1st Jany. A.D. 1840 upon which said promissory note are liable

the said Samuel Hunter, Wm. M. Wilson, E. W. Tipton, W. B. Tipton, and L. L. Davis

as accommodation endorsers for the benefit of said firm of Hunter McGinnis & Co. And

whereas as said Jas. Hunter is indebted to Wm. A. May assignee of John N. Pulliam

upon a sealed note now due, in the sum of One Thousand Three Hundred and Eighty

Dollars and Forty Two Cents upon which said sealed note are liable said W. B. Taylor

and E. M. Wilder as security for the benefit of said James Hunter, and whereas the

said James Hunter and L. C. McGinnis as partners in said firm of Hunter and

McGinnis & Co. are indebted to John W. Jones upon a promissory note for the sum of

Two Thousand and Nine Hundred and Twelve Dollars and eighty three cents already

due, upon which said note said W. B. Taylor, L. L. Davis, Samuel Hunter are

accommodation endorsers for the benefit of said firm Hunter McGinnis & Co. and as

such are liable thereon and whereas the said Jas. Hunter, Chas. and John Hunter as

partners of said firm of John Hunter & Co. are indebted to Benj. W. Williamson upon a

judgment recorded in the Circuit Court of said County of Fayette, at the June term

thereof A.D. 1839 against said James, Chas., John, Samuel Hunter and said W. B.

Tipton upon a promissory note executed by said John Hunter & Co. in the sum of Four

Thousand Four Hundred and Forty Eight Dollars and 50 cents upon which said note the

said W. B. and E.W. Tipton are liable as accommodation endorsers for the benefit of

said firm of said John Hunter & Co. and upon which judgment and appeal has been

granted to the Supreme Court at Jackson, and said Wilder and Colier are securities

thereon, and whereas Jas., Chas., John Hunter and said L. C. McGinnis are desirous

to indemnify and secure against harm there said accommodation endorsers, and

securities the said James, Chas., and John Hunter those aforesaid endorsers and

securities for the benefit of said firm of John Hunter & Co. the said James Hunter and

L. C. McGinnis those of said endorsers for the benefit of said Hunter McGinnis & Co.

and the said Chas. Hunter, said Wilder and W. B. Tipton and other accommodation

endorsers upon the Bill of Exchange drawn by him and hereafter described, the said

James Hunter, the said securities in the said main note and Chris H. Lester and the

said Colier and Samuel Hunter accommodation endorsers upon the Bill of Exchange

here in after described. Now therefore this indenture witnesseth: That said Jas. Hunter

in consideration of the premises and five Dollars paid to him in hand by the parties of

the second part hath bargain sold and conveyed and do hereby bargain sell and convey

to said parties of the second part as trustee for the purpose thereinafter described a

carriage and pair of Bay horses, a sorrel horse, a blooded bay mare, a bay stud colt, a

sorrel pony, a ball horse, a stud horse Marshall Ney, said James interest in said

Marshall Ney being 2/3, 60 head of cattle, 12 mules, 2 wagons, 3 yoke of oxen, 2

bureaus, one sideboard, one secretary, one center table, one sofa, 6 beds and bed

steads, and furniture, 70 head of sheep, 2 doz. chairs, the woodwork of one wagon, 4

clocks, one shotgun, one Jack, one spinning machine, one spring loom, one wheat fan

and thrasher, six sythes, and cradles, 2 grand stoves, 12 pole axes?, 15 grubbing hoes,

25 plows, 10 harrows, 2 men saddles, 1 cross cut saw, one whip saw, 2 broad axes, 3

big chains, 12 sets of wagon gear, 15 pair of plow gear: all the interest in said Jas.

Hunter in 69 ¼ acre tract of land, being the tract upon which was the store of said

Hunter and McGinnis & Co. situated in said County, and being the old Morgan Stand.

All of which said personal property is now in the possession of Jas. Hunter and at his

present place of residence. To have and to hold the said property to the said parties of

the second part, their heirs, executors, administrators and assigns forever. And the

same Chas. Hunter in consideration of the said premises so far as the relate to him and

of five dollars paid to him in hand by said parties of the second part hath bargain, sold

and conveyed and doth hereby bargained, sell, and convey the said parties of the

second part as trustees, for the purpose hereinafter described a tract of land situate in

said Co. in 11th Surveyors Dist. In Range 2 and 3 and section 3, containing 480 acres

more or less, and being the same whereon Chas. now resides. Also 8 slaves named

Mansfield, Lewis, John, Willis, Frank, Memsy, and Lucy, and Horace, also 2 black

mules, one bay mule, one yellow mule, one black horse, one yellow pony, 2 bay fillies,

one bay year Lucy colt, one bay mare, one sorrel colt, 29 head of cattle, 7 work steers,

37 head of sheep, one third of stud horse of Marshall Ney, one wagon, 4 pair of plow

gear, one Five turn plows, 4 shovel plows, 4 harrows, 4 grubbing hoes, 6 weeding hoes,

2 log chains, 3 sweep plows, 4 colters, 4 poll axes, one broad axe, one crosscut saw,

one whip saw, one frow, one foot adz. one cutting knife, one cotton gin, 3 feather beds,

bedstead and furniture, 2 tables, one clock, one sofa, one man saddle, one boy saddle,

one woman’s saddle, 2 spinning wheels, one grand stove, one spike harrow, 2 sythes,

and cradles, one rifle, all which is now in the possession of Chas. Hunter to have and

to hold the same the said land and other property to said parties of second part, their

heirs, executors and assigns forever. And the said Lawrence C. McGinnis in

consideration of the said premises so far as the relate to him and of five Dollars paid in

hand to him by said parties of second part hath bargained sold and conveyed, and doth

hereby bargain, sell and convey to said parties of second part as trustees for purposes

hereinafter described a tract of land situate in said County in 10th Surveyor’s Dist. in

Range and section known as the Morgan old place, Mount Comfort where said

McGinnis now resides containing 69 ¼ acres more or less. Also one female slave

named Lisle, one male slave named Livi, 2 bay mares, and sucking colts, one sorrel

mare, one bay horse, one 2 year old colt, one 1 yr. bay colt, 2 cows, 3 yearlings, 1 yoke

of oxen, one wagon, 3 beds and their furniture, one side board, one press, one safe, 2

bedsteads, one doz. split bottom chairs, one large cherry folding table, 2 small walnut

tables, one brass 8 day clock, one shotgun, one cherry candle stand, one ladies saddle,

one man’s saddle, all of which said property is now in said possession of said

McGinnis, to have and to hold said tracts of land and other property to said parties of

second part, as trustees, as their heirs &c. forever. And the said John Hunter in

consideration of same premises so far as they relate to him of five dollars paid to him in

hand by said parties of second part, hath bargained, sold and conveyed, and doth

hereby bargain, sell and convey to said parties of second part a slave named Dick age

13 years, a bay mare pony, 2 cows, and 2 yearlings, 2 feathered beds and their

furniture, one high post bedstead, one bureau, one shot gun, one clock, all which said

property is now in the possession of said John Hunter. To have and to hold the same

to said parties of the second part, their executors etc. forever, and to said parties of the

second part their heirs executors &c. against the right, title, and claim of all and singular

premises whatsoever. The said Jas. Hunter will warrant and forever defend all the

property by him heretofore conveyed and the said Chas. Hunter all the property by him

hereinbefore conveyed and the said McGinnis all the property by him heretofore

conveyed, and the said John Hunter all the property by him heretofore conveyed. But

this conveyance is made upon trust, and for the purposes following: To indemnify and

secure against harm the said party of the third part, The property conveyed by Jas.

Hunter for the indemnity and security of such said parties of the third part as are

accommodation endorsers or surities for the benefit of the said firm of Hunter McGinnis

& Co. and John Hunter & Co. and himself the said Jas. Hunter, and the property

conveyed by said Chas. Hunter for the indemnity and security of such of the parties of

the 3rd part as are accommodation endorsers or securities for the benefit of the firm of

John Hunter & Co. or of himself. The said Chas. Hunter and the property conveyed by

the said John Hunter for the security and indemnity of such of the parties of the third

part as are accommodation endorsers or security for the benefit of the firm of John

Hunter & Co. and of himself the said John Hunter. And the property conveyed by said

McGinnis for the indemnity and security of such of the parties of the third part as are

accommodation endorsers or security for the benefit of said firm of Hunter McGinnis &

Co. and of himself the said McGinnis. And said parties of the second part shall

promise and exercise the follow powers, and be subject to the following duties. In case

any of the parties of the third part liable as aforesaid as accommodation endorsers or

surities for the benefit of said firm of John Hunter & Co. be compelled (bBy which is

meant the compulsion of execution issued) to pay any or all of the debts hereinbefore

specified as debts contracted for the benefit of said firm John Hunter & Co. the said

parties of the second part on being thereto required in writing by the party or parties of

the third part so compelled, shall take possession of the property herebyfore convey by

said Jas., Chas., and John Hunter or of any or either of them, or so much thereof as

may be necessary, and the same convert to cash at public or private sale as said

parties of the second part may deem expedient and most beneficial, and the proceeds

of such sale apply first to the payment of the expenses of executing this trust, secondly,

to the payment and satisfaction of the debt or debts in respect of which payment is

compelled as aforesaid.. And in case any of the parties of the 3rd part liable aforesaid

as accommodation endorsers or securities the benefit of said firm of Hunter McGinnis &

Co. be compelled (by compulsion for execution as aforesaid) to pay any of the debts

hereinbefore certified of said firm of Hunter McGinnis & Co. the parties of the second

part upon being thereto requested in writing by the party or parties of the 3rd part so

compelled shall take possession of the property heretofore conveyed by said Jas.

Hunter and L. C. McGinnis or by either of them or so much thereof as may be

necessary and the same convert into cash at public or private sale as said parties of the

second part may deem most beneficial, and the proceeds of such sale or sales shall

apply, First: To paying the expenses of executing this trust, second, to the payment and

satisfaction of the debt or debts in respect or which payment is compelled as aforesaid,

And in case any of the parties of the third part liable as aforesaid as accommodation

endorsers or securities for the benefit of said Jas. Hunter as compelled (by compulsion

of execution as aforesaid) to pay any debt or debts heretofore specified as the debts or

debt of said Jas, the said parties of the second part upon being thereto requested in

writing by the party or parties of the 3rd part so compelled, shall take possession of the

property heretofore conveyed by said Jas. or so much thereof as may be necessary and

the same convert into cash at public or private sale as the parties of the second part

may deem most beneficial, and the proceeds of said sale or sales shall apply: First: To

the expenses of executing this trust, Second to the payment of the debt or debts in

respect to which payment is compelled as aforesaid, The parties of the first part shall

respectively be permitted to retain possession of the property by them heretofore

respectively conveyed, committing no waste thereon, until such time as it may by the

parties of the second part deemed necessary to take possession of the same, for the

purpose _______ due execution of this trust. In case of the death, removal from the

County aforesaid absence from the State or County or said refusal or to her disability to

execute his trust of the said parties of the second part, a majority of the existing or

surviving parties of the third part, may appoint a successor or successors who shall be

subject to into possess and be subject to the rights powers and duties hereby bestowed,

and declared as to the present parties of the second part. The parties of the second

part, may appoint agent or attorneys with power to act in any matter relating to the

execution of this trust, and shall be entitled to reasonable compensation for their

services in and about the execution of the same. In enumerating in the premises of this

instrument the debts outstanding against said James Hunter upon which it was

intended to convey the property aforesaid of said Jas to indemnify secure the

accommodation endorsers for the benefit of said Jas. it was accidently omitted to

include on bill of exchange now running to maturity drawn by said Jas. upon said

Lawrence and Chalmers for the sum of about Four Thou and Five Hundred Dollars

whereon Thos. H. Lester and Colier and Samuel Hunter parties of the third part are

accommodation endorsers for the benefit of said Jas. Also was omitted a bill of

exchange now running to maturity drawn by said Chas Hunter for his benefit on said

Lawrence and Chalmers of New Orleans for about the sum of Twelve Hundred Dollars,

whereon said W. B. Tipton, E. W. Idler, and others are accommodating endorsers, All

the benefits and trusts designed and declared by these conveyances in respect of the

debts and endorsers and surities specified in the premises of this conveyance, and to

be held enjoyed and received by the endorsers upon these two last mentioned Bills of

exchange and the said Bill of exchange in respect of their conveyances shall stand

upon the same footing as if the same had been included and stated in the premises of

this instrument. It is further provided that either one of the parties of the second part

may act in the execution of this trust and purposes of this instrument at any time upon

being hereto requested and authorized in writing by a majority of the parties of the third

part. In case any of the parties of the third part liable as aforesaid as accommodation

endorsers for the benefit of said Chas. Hunter be compelled (by compulsion or

execution issued as aforesaid) to pay the debts specified of said Chas Hunter upon

said Bill of exchange, the said parties of the second part upon being thereto required in

writing by the party or parties of the third part so compelled shall take possession of the

property herein before conveyed by said Chas. Or so much thereof as may be

necessary and the same convert into cash at public or private sale as the parties of the

second part may deem most beneficial the proceeds of such sale shall apply first: to pay

the expenses of executing this trust, second; to the payment of the debt of which

payment is or may be compelled as aforesaid whenever the trusts and purposes

intended and declared by this instrument are fulfilled and completed, the same shall

become void. And whenever a payment shall be make by the part of the first part of the

debts for which they are respectively liable herein stated, thereupon the conveyance

herein made shall become void as to the party or parties of the first part, by whom they

were respectively made. In Witness whereof we have hereunto set our hand and seals

the day and year first above written.

Test James Hunter (seal)

H. B. Smith Chas. Hunter (seal)

C. M. Bumpass John Hunter (seal)

L. C. McGinnis (seal)

Phineas T. Scruggs (seal)