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GEORGIA, MUSCOGEE COUNTY.' To tin HcmnabU ili€ Superior Court inund for said C •unly.Win. P. Me Keen c. )vs. ! Rule Nisi, to foreclose) A. J. Marshall [Mortgage.I W. Halstead. J‘ fH^he petition of William P. McKeen, James S.M Calhoun fit Charles L. Bass, lale tirm, keepers 1 | and partuers, using the joint name ot Widiain P. Mc-* Keen k. Co shewetH, that Alexeus G. Marshall and 1 William Halstead heretofore, town,ou the twenty *»e-H coud day of Juue in the year eighteen hundred and* thirty eight, to wit, in the County aforesaid, made executed and dehveied to your petitioners their certain deed o mortgage, bearing date the day aud year aforesaid, and witnessing that the said Marshal and Halstead did. then and ih* re, make and deliver to your petitioners their four certain piouiissory notes, subscribed with their hands and beating even dale with said deed of mortgage, whereby, bv the tirsi of said notes the said Marshall and Halstead promised to pay, six months after the date thereof, to your petit oners or order eleven hundred collars for value received, and by the second of said notes, the said Marshall and Halstead promised to pay, twelve months after the date thereof, to your petitioners or order, eleven hundred dollars, for value received; and that by ti.e third of said notes, the said Marshall and Halstead promised to pay, eighteen mon hs after the date thereof, to your petitioneis or order, eleven hundred dollars, for value received; aud that, also, by the fourth of said notes, the said Marshall and Halstead promised to pay,twenty four months afier the dale thereof, to your petitioners, or order, eleven hundred dollars, for value received. And that by the said deed of mortgage, they, the sa.d Marshall and Halstead, for and in considration of the sum of five dollars by your petitioners to them in hand paid, as well as toi the belter securing the payment of the aforesaid four promissory notes, did bargain grant and sell unto your petitioners their heirs and assigns all the East half of half acre Lot'! j in the City of Columbus and County and State •s | aforsaid, numbered in the plan of said City, by ^ , the number two hundred and twenty-one. (221) to , j have and to hold the said bargained premises to t' ! your petitioners, their heirs and assigns, to your pa-J J ti turners and their own proper use benefit am! behool* forever, and the said Marshall and Halstead for them-'f selves, thei heirs, Executors and Administrators the e said bargained premises unto your petitioners did war-■ I rant against the claims of themselves and their h» irs, •f | and against the claims of all other porsons whatsoever, '• ' with a provision, nevertheless, that if the said Marsh-s 1 all and Halstead, and their hens, executors and administrators should diet well and truly pay or cause to he paid to your petitioners and their heirs and assigns the aforementioned sums of money as they severally fell due; on the dav and year mentioned and appointed for the payment thereof m said promissory notes, according to the teuor and effect thereof, then and from thenceforth, as well the said mortgage deed and the right of property thereby conveyed, as the said promissory notes should cease, determine and be void to all intents and purposes: otherwise that your petitioners had full powe to foreclose said mortgage upon thoi- I failure of the punctual payment of each and all of said i- | notes or any one of them. Now this petition showelh t- ! to the court, that the second and third notes hercin-e I before specified, to wit, the note due twelve months af-j- | ter its date, and the note due eighteen menths after its date, with interest on each, have long since been due and payable, but that neither the said Marshall and Halstead, nor any person or persons on behalf of tli saiii Marshall anu Halstead, have paid the said sums of money therein specified, or any part thereof, but hgyc hitherto wholly aud entirely failed and refused so to do. Wherefore your petitioners pray, that the said Marshall and Halstead be ordcied by the court to pay into the olerK’s otficc of the sainc, on or before the first day of the next term thereof, the said sums of money, Vu wit, eleven hundred dollars in each of the said promissory riQles specified, together with all interest and cost which may be due thereon at the time of such payment, nr that in default theieof by the said Marshall and Halstead the equity of redemption in and lo said innrL gaged premises be thenceforth forever barred and foreclosed. flOLT ALEXANDER,Attorneys fur Petitioners,The foregoing petition having been beard and con-* sidercd by tno court, it is therefore,on mol ion of counsel for the petitioners, ordered. That the sgid mortgagers pay into the clerk’s office of this court, on or before the first day of the next term thereof, the said sums of money due and unpaid on the two seveial promissory I notes in said petition specified, together v.,th all interest and cost accruing at the time of such payment, and in default thereof that the equity of redemption in and to the said mortgaged premise he thenceforth forever barred and foreclosed. And it is further ordered by the court, That this rule ni si be served upon the mortgagors personally three months before the next term of this court, or by publication in one of the pnhr lie gazettes of Columbus. Ga. four months before the next term of said courtA true extract from the minutes of the Superior caurf of Muscogee county, May I lib. 1840.14 mini ' A LKVISUN.CIeiK,
Newspaper Details
Columbus Sentinel and Herald
Columbus, Georgia, US
Wed, Dec 23, 1840
Page 4
Full Page
Clipped by
John K.
USA 22 Jan 2024
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