Know all men by these presents, that I Samuel Worthington of the
Santa Fee Mineral springs Columbia County Florida, being justly indebted
to Stephen Fagan of Newnansville Alachua County in the Territory Aforesaid in
the sum of Four hundred and fifty Dollars, upon a promissory Note made by me
for the Sum of $440 payable to Hickman & Dexter a bearer on the 31st May 1840
with 35 Dollars 12 1/2 Cents endorsed thereon 26th May 1841, which said promissory
Note was lost, and at the December Term of the Superior Court of Alachua County
established in favor of James Burnett and by him transferred to the said
Stephen Fagan, have for the purpose of Securing payment of said debt
granted, Bargained, sold and Mortgaged, and by these presents do grant,
bargain, Sell and Mortgage unto the said Stephen Fagan, all my stock
of Cattle, being about Seventy five head of Cows and calves now mostly in
Columbia County, but some of said stock in Alachua County; To have
and to hold all the said Stock of Cows and calves unto the said Stephen
Fagan his executors Administrators and Assigns, to his and their sole
use forever. Provided always, and the Condition of these presents is
Such, that if the said Samuel Worthington his executors or Administrators
Shall well and truly pay unto the said Stephen Fagan his executors
Administrators and Assigns, the debt Aforesaid with the interest on or before
the first day of February in the year of our Lord eighteen hundred & forty
four, then this Instrument shall be void and of no effect, Otherwise to remain
in full force and effect ___ And Provided also that in default
of the said Samuel Worthington, his heirs executors or Administrators in the perform
ance of the Condition Aforesaid, it shall and may be lawful for him or them to
keep possession of the said granted Stock of cattle, and to use and enjoy the
Same, but if the same or any part thereof shall be attached at any time
before payment of the said debt, or any other creditor or creditors of the said
Samuel Worthington, or if the said Samuel Worthington his executors or
Administrators, shall attempt to sell the same, or any part thereof without
notice to the said Stephen Fagan, his executors, Administrators or Assigns and
without his or their assent to such sale in Writing expressed, then it shall be
lawful for the said Stephen Fagan his Executors, Administrators or Assigns
to take immediate possession of the whole of said Stock of cattle to his
and their ow use In Testimony whereof, I |