Deed: J.M. & Mary T. ROSE to C.T. CATES (1901)

Contributed by Alice Foster Blevins – August 2009

Blount County Trust Deed Book 11

Page 35

This indenture made the 30th day of Oct 1901 between J. M. Rose and wife Mary T. Rose of Blount County, State of Tennessee of the first part and C. T. Cates, Sr. of Blount County, Tennessee of the second part.

Witnessith: That the said party of the first part for and in consideration of the sum of one dollar and of the matters herein recited, have granted, bargained, sold, and conveyed and do hereby grant bargain sell and convey unto the second part the following described property and premises, to wit:

The home farm or lands laying in the upper end of Cades Cove 16th Civil District of Blount County, State of Tennessee consisting of two 50 acre tracts of land upon one of which the parties of the first part reside and have their dwelling and outhouses. Said tract is bounded on the North by David Myers’ land, on the east by lands of Emily Sparks, widow of Henry Sparks, on the south by the lands of A. C. Caughron, T. J. Sparks, and on the west by the lands of Emily Shields and the other or second 50 acre tract and is bounded on the North by the Peck lands, on the east by the lands of James Sparks, commonly called Bert Sparks on the south by the land of Caughron, Sparks and Garland. Also one other tract of land lying in the said 15th and 16th Civil Districts of Blount County, Tennessee containing about 303 ¼ acres of land on the North side of Cades Cove Mt., known as the Nathan Rose by the state of Tennessee by grant #25308 and bounded as follows; beginning at a stake and pointers at the Gregory line west of the Spring Gap where the McCampbell line crosses the Gregory line running thence North 97 ½ W 85 8/10 chs. To pile of rocks S. 86W 10 9/10 chn to stone. S4E 160 chns to a pine knot and pointers on Gregory’s line. West 69 chnc to a fallen spruce and chestnut beginning of the Gregory entry North (say north 4 ½ E) 99 4/10 chns to the beginning with the hereitments and appurlinanes thereto appertaining hereby releasing all claims and homestead and dower therein to have and to hold the said premises to the said party of the second part, his heirs and assigns forever in trust for the uses and purposes herein after set forth, (ect. ect.)

But this deed is made to the said party of the second part in trust for the uses and purposes following that is to say;

Whereas, W. B. Tipton, John Feezel, Joseph Cammeron, Joseph Myers, Sam Sparks, Wm. Blair, and Henry Sands, in consideration of the parties of the first part to indemnify them as surties have become sureties to J. T. Rose upon an appearance bond in the penalty of $5000 by which the said J. T. Rose is bound and obligated together with said sureties for the appearance of J. T. Rose before the Judge of the Circuit Court of Blount County, Tennessee on the 3rd Monday of February 1902 to answer the charge of the state of Tennessee for murder . That he does not depart the court without leave.

But if default shall be made by J. T. Rose in any of the obligations of said appearance the party of the second part after giving notice of time and place of sale by printed posters at the Court House door of Maryville for 30 days giving notice of time and place and terms of sale shall proceed to sell the property and premises above described and conveyed at public auction for cash and in bar of all rights and equity of redemption, which is hereby waived and surrended and trustee shall apply the proceeds of such sale. First to the payment of all cost and expenses of such sale second to payment od said sureties of their said sureties for the said J. T. Rose.

J. M. X Rose

Mary T. X Rose

Witnesses

J. E. Gregory

Andy Gregory