William Pettus to R R Royall and Austin, 05-16-1825

Summary: Deed of trust to secure lien on slaves.

Sello 2° 12 rrs. Habilitado por la Nación Mexicano pa. el año de 1825


Whereas William Pettus formerly of the county of Lawrence and state of Alabama in the United States of North America and at present a setler in Austins Settlement in the department of Texas of the State of Cuahuila and Texas of the United Mexican States Heretofore to wit on the sixth day of March in the year 1821 executed to Thomas Bibb and Daniel Coleman a deed of Sale in Trust to certain Negroes therein named to secure the payment of certain monies which will also more fully appear on the face of said deed of Trust and the said William Pettus being disposed to strengthen the security of Said money to Richard R Royall Attorney in fact of the Trustee Daniel Coleman have agreed to convey to R R Royall and Stephen F Austin the Lands herein after described in Trust and upon the conditions herein after expressed

This Indenture made and entered into this 16th day of may 1825 by and between the said William Pettus of the first Part the said Richard R Royall of the second Part and Stephen F Austin of the third part. Therefore witnesseth that the said William Pettus for and in the consideration of the premices and for the further consideration of one dollar to him in hand paid by the said Stephen F Austin before the ensealing and delivering of these presents the receipt whereof he doth hereby acknowledge hath Granted bargained and sold and by these presents doth Grant Bargain and sell to the said R R Royall and Stephen F Austin the following tracts of land the uper half of league of Land situated on the eastern Bank of the Brassos RiverBounded by William Hall on the uper side and Francis Bigum on the lower side and also the uper half of a league of land on the Western Bank of the Colorado River Bounded on the uper side by Thomas Westall Granted to said Pettus by the Mexican Government by the concession dated the 10th of July 1824—dividing each league so as the fronts on the river of each whole league shall be equally divided and runing thence in a Straight direction so as to divide the league equally to have and to hold the said Tracts of land to the said R R Royall and the said Stephen F Austin their heirs administrators and Executors in Trust nevertheless and upon the conditions following that is to say if said William Pettus shall pay to said R R Royall or in his absence to the Trustee Stephen F Austin on or before the 15th day of September 1826 forty Good merchantable mules of Reasonable age, of Good order for the Road and of a suitable size for the Plough and it is also understood said Royall is not to receive such wild mules as are caught wild out of the Range and the said Royall agrees to accept said mules in discharge of fifteen Hundred dollars in discharge of part of said deed of sale upon Trust executed to Bibb and Coleman and to give full and faithful credit upon the same. But If the said Pettus shall fail to make payment Punctually on or before the 15th day of September 1825 delivering the said mules at San Felippe de Austin then the said Stephen F Austin shall proceed to sell to the highest bidder in the Town of San Felippe de Austin the said half leagues of land giveing fifteen days notice of said sale and the sale shall be for cash in hand which shall be immediately applyed to Pettus credit on said Trust after deducting costs of sale and the said Pettus hereby empowers said Austin to sell Deed and Put the Purchaser in Possession of said Lands without consulting said Pettus thereon and said Royall agrees provided said Pettus shall punctually Pay said forty Mules of Quality etc as expressed to release from the Deed of Trust executed to Thomas Bibb and Daniel Coleman Negroes Edmund, Joe, Anacy and Mima but in no wise to lessen the effect and force of said deed of trust till said delivery of mules is punctually complyed with and then only to the four negroes above expressed and said deed to have full effect in all other relations expressed therein and also the note of hand which accompanys it and was its origin and all parties here present agree to accept of these presents in all its forms and said Austin agrees to execute the Trust hereby reposed in him to the best of his ability, and faithfully to pay over the money arising from the said sale of the Land should it be necessary after dediMing the expences of the sale in Testimony whereof the parties have hereunto set their hands and affixed their seals this ,16th day of may 1825 as above,

Witnesses Present

Wm Pettus [seal]

R R Royall [seal]

aty in fact of Daniel Coleman

Stephen F. Austin [seal]


Samuel M Williams

Jno P Coles

To prevent all misunderstanding in relation to the meaning of the within deed of Trust it is clearly understood that the land deeded in the Trust is to be totally released from all lien whatever and reverts to said Pettus on the payment of the forty Mules punctually as stipulated and it is not the intent of this deed to give any other lien on the land except for this payment of the fifteen hundred dollars in case of a failure to pay the Mules as expressed but the negroes shall not be released as If the payment of the mules had been punctually made but both land and negroes be held subject, the land to this and the negroes to the old Trust executed to Bibb and Coleman and all parties here present agree to accept of this with all the force and effect as If it had been incorporated in the body of the deed Given under our hands and seals the same day 16th of May 1825

Wm. Pettus [seal]

R R Royall [seal]

Aty in fact of Daniel Coleman

Stephen F Austin [seal]


Samuel M Williams

Jno P. Coles