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whether in the hands of the said Miles & Adams or any other person, and whether in their present shape or in any renewal thereof & for [strikeout: twelve months.] Now therefore if the said L & AH Polk [strikeout: shall within twelve months from this date] will and truly pay [strikeout: able] all of [strikethrough: said draft and] notes and amounts due and to become due the said Miles & Adams as evidenced by the books of account of said Miles & Adams with funds to pay said [strikethrough: drafts] notes [strikethrough: and accounts], as they the said [strikethrough: drafts and] note severally fall due, then this Conveyance to be void, else to be and remain in full force and effect and in default of payment of any of said drafts or note as they fall due or of said accounts at the expirations of twelve months, the said party of the second part is hereby authorized and instructed to advertise said lands and negroes for thirty days by posting written notices in three public listing the same in the Vicksburg Whig published at Vicksburg Mississippi for the same period of time and at the expiration of the said thirty days to sell the same on the promises to the highest bidder at public auction for cash and after defraying the expense of said sale to pay the said Miles & Adams all sums due them which they may have paid in said drafts or may be due the said Miles & Adams in account, including interest and the usual commission charged in New Orleans, and then to pay the holder of the said promissory note the
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amount thereof or the amount due thereof, giving and granting to the said party of the Second part full authority and power to make deeds of conveyance so to the purchases of said lands and slaves.
In testimony whereof the said parties of the first part have hereinto set their hand and seals this the day of the date first above written.
Signed Leonidas Polk {seal} Francis A. Polk {seal} A. Hamilton Polk {seal} Emily N. Polk {seal}
State of Louisiana Parish of Orleans
Before me Marecellus A Fonte a commissioner of the State of Louisiana, duly appointed, commissioned, and qualified, & dwelling in the City of New Orleans personally came and appeared Leonidas Polk, of the said City of New Orleans Parish & State aforesaidwhose name is subscribed to the within aforegoing Instrument of writing as Grants thereofwho acknowledged to me, Commissioner, that he signed sealed and delivered said Instrument of writing on the day & year therein stated as his proper act and deed, for the uses & purposes therein mentioned.
And therefore next personally came and appeared before me, Commissioner, as aforesaid Francis A Polk, wife & consort of the said Leonidas Polk-whose name is also subscribed
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to the said Instrument of writing as Grantor thereof, who being by me privately examined separate and apart from her said husband acknowledged to me Commissioner, that she signed sealed and delivered said Instrument of writing on the day & in the year therein stated, & for the uses & purposes therein mentioned, as her voluntary proper act and deed free and without any fears thereat on Compulsion of, or on the part of, her said husband.
In witness whereof I have hereunto set my hand & seal of Office at New Orleans aforesaid this 21st day of February A.D. 1855.
Signed Marcells A Fonte Commissioner of Mississippi in and for Louisiana.
{seal}
State of Mississippi Bolivar County
Personally appeared be Thos. H. Christmas an acting Justice of the Peace in and for the County of Bolivar and State of Mississippi A. Hamilton Polk whose name is attached to the foregoing deed who acknowledged that he signed sealed and delivered the same on the day and year therein written, and for the purposes therein specified as his voluntary act and deedAlso appeared Emily Polk wife of the said A. Hamilton Polk, who upon a private examination separate and apart from
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her husband acknowledged that she signed sealed and delivered the foregoing deed on the day and year therein written and for the purposes therein specified as her voluntary act and deed, without any fear threat or compulsion of her said husband, whatever.
Given under my hand and Seal this fifth day of March in the year of our Lord one thousand Eight hundred and fifty five
Signed Thos. H. Christmas J.P. {seal} {seal}
State of Mississippi Bolivar County
I Ike S. Robinson Clk of the Probate court in and for said County do hereby certify that the foregoing Deed of Trust was filed in my Office for Record March 6, 1855 and that the same has been duly recorded in Book 8 of Record of Deeds pages 231, 232, 233, 234 & 235.
Given under my hand and the Seal of said Court at office this 6th day of March A D. 1855
Signed Ike S. Robinson Clk
