Greenberry McKenzie Document

Historical Document

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Greenberry McKenzie Document

Whereas I Greenberry McKenzie (now of Sullivan County, Tennessee, but formerly of Grayson County, Virginia) was Sheriff of the said County of Grayson for the year 1808 & 9 and David Pierce, William Bobbitt, John Welsh, Esau Worrell & William Evans were my sureties for the said Sheriff, and whereas two or three judgements were obtained against me in the General Court for arrearages of money due from me to the Commonwealth in my official capacity and my land in the said County of Grayson were levied on and advertised to be sold in or about the month of JULY 1812 by Abner Jones as Sheriff of said County to satisfy a part of said Judgement viz: One tract containing 353 acres more or less lying on both sides of the main road leading from Presley Jennings to the lower end of said County about one mile from said Jennings adjoining his lands and the land of Ezekial Frost and was formerly called & known by the name of "JOSEPH MEE'S OLD PLACE" and one other tract containing 74 acres more or less lying on the north side of the said road adjoining the above described tract of land & the lands of William Evans and is commonly known by the name of "JOSEPH HILL'S OLD PLACE". And wheras my sureties attended on the premises on the day appointed for the sale of the said land and my request and by my consent, agreed, in order to prevent the land from being sacrificed, and to save costs and to save themselves, that they would pay up the assesment for which the said lands were then advertised to be sold by the said Abner Jones & the other monies that were due from me on account of my Sheriffalty (amounting in the whole to about five hundred dollars) and take the lands into their own hands and have it sold on a credit and out of the proceeds remunerate themselves for what they had paid or might have paid for me on account of the said Sheriffalty

AND ONE MATTHEW DICKEY WHO WAS THEN PRESENT WAS CHOSEN AND APPOINTED TO SELL THE SAID LANDS FOR THEIR BENEFIT ON A CREDIT (EITHER FOR MONEY OR PERSONAL PROPERTY AS HE MIGHT JUDGE MOST TO THEIR INTEREST) PURSUANT TO THE AGREEMENT ABOVE MENTIONED. Shortly after the said agreement was entered into I removed from the said land to the NORTH FORK OF THE HOLSTON NEAR MY PRESENT RESIDENCE AND HAVE RESIDED THERE EVER SINCE.

THE SAID MATTHEW DICKEY HAS SINCE DEPARTED THIS LIFE AND FROM SOME CAUSE OR OTHER FAILED OR NEGLECTED TO SELL THE LANDS FOR THE BENEFIT OF MY SAID SURETIES IN HIS LIFETIME AS HE WAS TO HAVE DONE, AND THE LANDS HAVE REMAINED UNSOLD EVER SINCE. AND WHEREAS DAVID PIERCE AND ESAU WORRELL TWO OF THE SURVIVING SURETIES HAVE RECENTLY REQUESTED ME TO AUTHORIZE AND EMPOWER JAMES ANDERSON OF THE SAID COUNTY OF GRAYSON TO SELL THE LANDS FOR THE BENEFIT OF MY SAID SURETIES, AS THE SAID MATTHEW DICKEY WAS TO HAVE DONE (THE TITLE STILL BEING IN ME ). And as I have always wished and still wish the said lands to be sold for the benefit of my said sureties according to the true intent and meaning of the agreement made and entered into by the said sureties at the time and place aforesaid; relative to their paying the money due from me on account of my said Sheriffalty and the sale of the said lands by the said Matthew Dickey to remunerate them for the same. Now be it therefore fully known and declared unto all persons whom it may concern, that I GREENBERRY G. MCKENZIE ( IN PURSUANCE OF THE REQUEST OF THE SAID DAVID PIERCE AND ESAU WORRELL) have this day authorized and empowered and by these presents do authorize and empower the said James Anderson to sell the said two tracts of land above described on a credit of one and two years for the best price he can obtain for the benefit of the said sureties, either at public or private sale as he may deem most to their advantage, taking bond and good security from the purchaser or purchasers for the payment of the purchase money. And as soon as the payment of the money is well secured to convey the said lands to the purchaser or purchasers as the case may be and if it is not punctually paid to adopt such legal measures as may be necessary to collect it with all convenient speed. And when the money or any part of it is collected to pay it over to my sureties or their legal representatives in proportion to what they have paid for me on account of my Sheriffalty after deducting therefrom reasonable compensation for his service in attending to this business. And to all such acts and deeds touching the premises as I myself might or could do were I personally present.

Hereby ratifying and confirming to all intents and purposes whatsoever the said James Anderson shall or may lawfully do in or about this premises. In witness whereof I the said Greenberry G. McKenzie have hereunto set my hand and seal this 22nd DAY OF FEBRUARY AD 1830.

  
Signed Sealed acknowledged and Delivered in the presence of
WILLIAM LEONARD
GREENBERRY G. M. LEONARD
JAMES WAUGH, JR.
Greenberry McKenzie {Seal}

GRAYSON COUNTY COURT JUNE TERM 1837

This letter of Attorney from Greenberry G McKenzie to James Anderson was fully proven in open Court by the oath of William Leonard and James Waugh, Jr subscribing witnesses hereto and ordered to be recorded.
Teste: Orville Anderson DC