Monday, June 6, 2011

Amanuensis Monday: George Schwall(s)' Promissory Notes and Mortgage

The following records were located in the Johnson County, Georgia Clerk's office in the courthouse in Deed Book C, pages 498-500.  (As I am writing this, I see I did not note, the dates of this particular deed book - an oversight I will have to correct next time I make a trip there for research.)
 

"$43.02/100            Bartow, Ga., February 21st, 1884.
    On the first day of Oct. after date, I promise to pay to Jno. A. McMillan, or bearer, Forty-three and 02/100 Dollars at Bartow, Ga. Value received. And if not paid at maturity, I promise to pay interest from maturity until paid, at the rate of 8 per cent per annum, and if collection be enforced by suit, I promise to pay ten percent, upon amount due as attorney's fees; and agree that the judgement obtained shall include such attorney's fee; and the whole shall bear interest at the same rate as this note until paid. So against the payment of the sums due on this note, the maker, endorser, or securities, waive all benefit of the present or any future Homestead or Exemption laws of this or any other State, where they may reside, or payment is enforced, and also all exceptions under the Bankrupt laws of the United States of America.
Witnesses.
R.H. Malone,            George Schwall. {L.S.}

W.H McMillan"

"$100.00/100            Bartow, Ga., February 21st, 1884.
    On the first day of Oct. after date, I promise to pay to Jno. A.
McMillan, or bearer, the sum of One hundred dollars at Bar-
tow, Ga. value received. And if not paid at maturity, I promise
to pay interest from maturity until paid, at the rate of 8 per
cent per annum, and if collection be enforced by suit
I promise to pay ten percent, upon the amount due as attorney's
fee; and agree that the judgement obtained shall include such
attorney's fee; and the whole shall bear interest at the same rate
as this note until paid. So against the payment of the sums due
on this note, the maker, endorser, or securities, waive all benefit of the present or any future Homestead or Exemption Laws of this or any other State; where they may reside, or payment is enforced, and also all exceptions under the Bankrupt Laws of the United States of America.
Witness
R.H. Malone,                 George Schwall. {L.S.}
W.H McMillan"
"$100.00            Bartow, Ga. Feb. 21-1884.
    On or before the first day of Oct. next, I, the subscriber, of Johnson county, State of Georgia, promise to pay to Jno. A. McMillan or bearer, One hundred dollars.
    This note shall bear interest at the rate of 8 per cent per annum from maturity, if not paid by that time.  Value Received.
W.H McMillan            George Schwall. {Seal}
R.H. Malone,          
        Know all men by these presents, that I, George Schwall,
of Johnson County, State of Georgia, for and in consideration
of the sum of one dollar to me in Land paid by Jno. A. McMillan, of Jefferson county, State of Georgia, the receipt whereof is hereby acknowledged, as well as to secure the payment of my promissory note, bearing date the 21st day of February A.D. 1884, for the sum of Two Hundred and
Forty-three & 02/100 Dollars, and made payable to Jno. A. McMillan & Co., or bearer, on the 1st day of Oct. next, do hereby mortgage, sell, assign, and convey, in accordance with the Laws of the State of Georgia, now in existence unto said John A. McMillan, heirs and assigns, the following described property, to wit:
  One tract of land containing about One hundred and nine-
ty acres, more or less, situated in 1326th, Dist. G.M. said county
and bounded as follows:  On the north by lands belonging to Elias
Price; on the South by lands belonging to Frank Price; on the East
by lands belonging to Tom Price; on the West by lands belonging to
James Price, with all the rights members and appurtenances there-
to in any wise belonging, and valued at one thousand dollars
which property I declare is mine in my own right, and in my
possession, and against which there is no judgement or mortgage 

lien, _____ lien for unpaid purchase money, no Homestead
nor Exemption lien, nor other incumbrance.
  As head of my family, I hereby waive and renounce all my rights and
privileges under the Homestead and Exemption Laws of this State, as far as this
above described property is concerned, until the debt it is mortgaged to secure
shall have been paid in full, including all costs, charges and commissions,
and interest at 8 per cent per annum.
  Should I fail to pay above named note at maturity, and the holder places the
same in the hands of an attorney for collection, by reason thereof, I hereby
agree to pay the per ____________ Attorney's commissions, and, in case of
suit, or of a sale of the mortgaged property, to pay in addition all cash
and expenses that may be incurred, and I hereby authorize the
holders of this mortgage, to foreclose the same, in the usual man-
ner, or (at their option) by taking possession of the mortgaged prop-
erty and selling all or any portion thereof, either at public or priv-
ate sale upon giving 15 days' notice in writing to me - the same to
be left at my usual place of residence - of their intention to
sell, and such other notice as they may deem proper, and I
hereby constitute the said Jno. A. McMillan, or his heirs and as-
signs, my Attorney to pass a good and sufficient title to each
property upon making each sale.
  In witness whereof, I, George Schwalls hereunto ____ my hand
and seal at Bartow, Ga. this 21st day of Feb. 1884.
W.H. McMillan                                   George Schwall {L.S.}
R.H. Malone, __.__. Jeffer. Co. Ga
        Recorded February 25th, 1884."


The first thing I noticed was the "s" not being on the end of George's last name.  Whether that was an error in transcription or George had not added the "s" yet, I do not know.  It appears he wavered back and forth in records, sometimes being George "Schwall" and other times being George "Schwalls."

Of course, I would love to know the reason for borrowing the $243.02.  Was it seed money for the farm?  It is a specific amount.  I would also like to know just who John A. McMillan was and what business he was in.  Note to self:  Do some research!

I have not identified the Prices that owned the land surrounding George's land he mortgages here.  I do know that his first wife (Lincelia Claxton Price) was married to an Elias Price before she married George.  Elias died during the Civil War.  So possibly, these Prices were all relatives of Elias, and the land had actually come to George through his first wife.  Another research item to add to my list!

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