The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1858-05-15
i X l. ST SALE,
OF THE
southern Pacific Nail NONN.

: y ~ ..
poration chartered by the State of Texas of the
first part, aud benjamin Long, " illam Brad.
field, and Joha X. Ncrgcr of the second par, .
wiinesse'h, tina, the said Southern Pacific RAJ.
Road Company for aud in consideration Of the
sum of ten dollars to II in hand paid, and in
consideration of the premises herein after men.
toned have bargalned, sold, transferred and
conveyed and released and by these presents
doth bargain, sell, transfer aud release TO the
above named Benz amin Long, WIN. BradGeld,
and John h. iergcr and to the survivor or
survivors of SAID parties Of the second part,
and to the heirs Of the survivors, the following
described property, lying and being in the
County Of Harrison, State of Texas, to wit -
All the lands Of every description to which
they have either legal or equitable title, lying
IN said County of Harrison also, the Who'll.
line of their Rail Road Bed, including the land
on and over which the said Rail Road il 'oeat-
ed, between Marshall, in the State of Texas,
and the eastern terminus OF said road at Swan.
son, Landing, together with all the iron rails
now owned by said Company, now laid down
on said read Also all the IRON rails now own.
ed hy srd Company, IN said County Of llar.
rison, and not Yet laid said road also, all
the franchises and privileges granted to said
party OF the first part, by their irt Of lncof.
poration, or by any other law OF statute of the
State OF Texas. Also. two locomotive. ON said
road, snd the chairs spikes and ears 70 have
and to hold the foregoing property, franchises
privileges, NC, Nc, TO the SAID parties of the
second part, and to the survivor or survivors
and to tue heirs of the survivors Of said rariies
of the second part, upon trust nevertheless and
upon the following terms and conditions -
Whereas It Is necessary that the said party OF
the first part should ef'ectualy secure IL, pre-
sent Indebtedness and also borrow n sum of
money, not exceeding thirty thousand dollars,
OF whatever amount lcss than said sum may be-
sufficient to complete and pu, in running order
twenty miles Of the rail road hy the 9Th of
February next ~ order 10 save the Charter Of
SAID COMPANY from torict,ng and whereas
by resolution Of this Board of Directors Of SAID
Company, the President is authorized 10 hnr-
row said sum OF money, and secure the same
by the deed now to secure the said money
which may be borrowed by the President II
is hereby stipulated that any sum or sums Of
money which he may borrow shah and is here.
by declared TO be secured by this deed of trust
and by the property herein conveyed, and said
money so borrowed shall be first paid, and have
priority of payment over all debts mentioned
In this deed &C trust, and the said Trustees
shall pay out of any proceeds of the sale Of said
prorerty-should it be necessary u sell the
same--ihe said money 40 borrowed 10y him be-
fore any debt or debts herein mentioned,
on the receipt of the President for such
money, specifying It was borrowed for said
purposes, or OF any one authorized by him to
receive it, or the note Of the Company eSecu.
ted to him for said borrowed money, shall be
sufficient 90 entlle il to be paid as aforesaid,
before any other deb, herein mentioned. Sc
E A St,, la
amount due To him Tor cross ties furnished or
to be furnished to said PARTY of the iirs, par, I.
also, to Thomas swanson for cross ties iurn.
shed or to be furnished as aforesaid and TO
secure any other person or persons, who have
or may have furnished cross ties TO irish said
road the certificate Of Major Baneh, the
Chef Engineer or Of the President of the
amount due to said parties, or other legal evi.
dcnre to prove the amount, shall be sufficient
to secure -aii amounts for cross ties IS ature-
said and the amount due for cross ties "a a'ore.
! said, shall have priority Of payment over al
debts mentioned in thi. Deed of Trust, except
those mentioned above for borrowed money
Third thi, Deed is made also, To secure the
following named debts mentioned herein, eN-
cept these above specified for money borrowed
and forcross ties, tow; 4 note due by said
party Of the first part to Matran l. Andcr-
son Of Jackson Mississippi Tor the sum of ten
thousand -iy hundred dollars. due ,me tine
IN January next winch debt was for money
loaned said Company on the pledge of three
arcep,ances OF Siiliman AlHu g. Co. for five
thousand dollars each. also tie sum Of fifteen
thousand dollars, aud interest there IL due TO
Union Bauk of louisiana for acccpianccs OF
Stllman. Allen a Co di~cot'n ied hy said
Bank for sad party Of the first part, also,
whatever balance may he due to II Wlckland,
SURVEYORS and Engineers employed by this
COMPANY, s!nce it, reorganization IN New
Orleans, in March or April last also, any
balance which may be due TO John I. Grant
.t Co, upon the contract and supplementary
con,rac, made with them n'-o, to secure the
sum Of FIVE thousand seven hun1tst and fifty
dollars TO Geo. ierger for ,iN months salary
less any amount paid or which may be hercat-
ter pad to him also, any additional salary
which may accrue to him A. President also, to
secure the sum Of four thousand dollars due
to W. X u Ward for services rendered, aud
salary as sub treasurer from December s5t,
up TO December 1897 also, To secure the sum
ai Sl7l7 5a.luo dollars for principle and in
teresi, Ae. due 10 j l'inckncy Henderson, for
money loaned, Tor dram Ne. aud two accounts
paid by him also, 10 secure amounts ia" To
Joseph TAYLOR and H. Smallcy being protested
drafts, one for s30l, aud ROSS leo dollars,
both dated September 5, SIS also. TO secure
the sum of sever hundred and ninety three
So 100 dollars. and W. r Scott, dated sep.
4 1887. also, to secure J. 4. & ] :. Brown
the sum Of forty thousand dollars for amount
-e.tled with him this da, for advance Of money,