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 RiverBounded 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 ColemanNegroes 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,
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