Monday, April 25, 2011

Amanuensis Monday: B O Tapley and L K Tapley loan

My cousin shared these loan and court papers he had concerning our grandfathers, Bennett Olin (B.O.) Tapley and Lusion Keman (L.K.) Tapley, who were brothers.  For an unknown reason, they borrowed $150 from a J. H. Rowland.  My favorite part is what they used for collateral:

"STATE OF GEORGIA -- Johnson County.

$150.00                Wrightsville, GA. Jan. 29, 1921

    On Sept 1st after date, I, we or either promise to pay to
J. H. Rowland or order, the sum of
One Hundred fifty & No/100 DOLLARS
value received; with interest from maturity date at the rate of 8 per cent, per annum; and if collected
by law I agree to pay ten per cent, additional attorney's fees  And I expressly waive
and renounce for ______ and family any and all homestead and exemption rights I have under the
laws of the State and of the United States as against this debt.  And to secure the payment of this note;
and in consideration of One Dollar in hand paid I hereby mortgage to the said
J. H. Rowland heirs and assigns the following property to wit:

one light bay mare mule medium sized

about 7 years old named Laura.

I expressly waive and renounce all rights of homestead and personalty as to the above de-
scribed property, and covenant that I have the right to convey it as above, and that it is not
otherwise encumbered.  Provided, however, that should I truly pay the above note at
maturity, then ths mortgage to be null and void, otherwise to be in full force and effect.

    Witness my hand and seal                    B. O. Tapley      (Seal)
J. K. Mixon J.P.                                   L. K. Tapley        (Seal)
1326th Dist. G. M.                       __________________(Seal)
Johnson Co. Ga."

It appears that they defaulted on the loan, and Mr. Rowland took them to court in 1923 to recover his money.

Demand to Appear
I do not know if they ever paid the money back or if the mule was repossessed.  Another story that I would love to be able to ask the details.

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