KIRKMAN Deeds of Trust KIRKMAN Deeds of Trust
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This Indenture made this 11th day of October 1839 between William H Kirkman + Isaac Hoge both of Marshall County Va [?] that whereas the said Kirkman is indebted to Samuel Lowther in the sum of one hundred and three dollars + twenty nine cents payable on or before the 7th day of October 1841. for which he has this day executed his bond to said Lowther
payable as aforesaid: and whereas the said Kirkman is desirous to secure the payment of said debt: Now this Indenture witnesseth that in Consideration of the said promises + of five dollars in hand paid by the said Hoge. the receipt whereof is hereby acknowledged the said Kirkman hath granted bargained + sold and by these presents doth grant bargin + sell
unto the said Hoge his heirs and [?] the following described one hundred acres of land: Beginning at a Sugar-tree in the Strickers line thence with said line S. 32 W. 203. P. to a poplar. Hence S. 72. E 80. P. to a locust thence N. 32. E 197 P. to a red oak. thence N. 64 W. 78 P. to the beginning. being the same land patented to Aaron Young by David Campbell on the 30th day of November 1838. + conveyed by said Young to said Kirkman. Containing 100 acres more or less + situated on Lynn Camp run in Marshall County Va. with the assistences. To have and to hold the said premises to him the said Hoge his heirs + assignes forever. Upon trust nevertheless that if said Kirkman Shall fail to pay the debt aforesaid to said Lowther on or before the 7th day of December 1841, then said Hoge is hereby authorized + empowered to Sell said premises at public auction to the highest + best bidder for cash at the front Door of Marshall Courthouse, having first given thirty days previous notice thereof in some newspaper printed either in Wheeling or in Elizabethtown + also by advertisement posted on the door of said Courthouse for a like period of 30 days + out of the proceeds of said sale to pay the costs of sale + the debt aforesaid  the surplus if any remain to refund to said Kirkman The said Kirkman is to remain in the possession + use of said premises till default in the payment of the Debt aforesaid. But if said Debt shall not all be paid on or before the said 7th day of Dec. 1841 then said trustee is authorised to sell and pay whatever shall then be due + unpaid. It is agreed that the Death of any of the parties interested in this trust shall not hinder or delay its execution but the same may be executed by their legal representatives. It witness whereof the said Kirkman + Hoge have hereto set their hands and seals October 11th

Wm H. Kirkman [seal]
Isaac Hoge [seal]

Virginia Clerks office, Marshall County Court, October 11th 1839.
  This Deed of trust from Wm Kirkman to Isaac Hoge for the benefit of Samuel Lowther was this day received in my office for record. And being duly acknowledged before me by the said Kirkman and Hoge is thereupon admitted

James D [Morris?] Clk


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