This week's document for transcription is the 1873 indenture of James Abraham Kemp buying land in Walsingham, Norfolk County, Ontario from Duncan Bell:
* Walsingham Land Records, 1876-1877, pages 826-827, image 93 of 830:
* Walsingham Land Records, 1876-1877, pages 829-830, image 94 of 830:
The transcription of this document is (based on the FamilySearch Full-Text Search, with corrections as required, including line breaks):
[In left margin]No 35472
Deed
Bell
to
Kemp
Entered and regis-
tered this 2nd day
of March A.D. 1874
at 11 o'clock and
46 minutes A.M.
F.L. Nash Reg'r
[In main part of the page]
This Indenture made in duplicate the third day of Decemberin the year of our Lord one thousand Eight hundred and
seventy three In pursuance of the act respecting short forms of
conveyances -
Between Duncan Bell of the City of Montreal
in the Province of Quebec Merchant and Executor and Trustee
under the last will and testament of the late Robert Cath-
cart of the first part and James Abraham Kemp of the Town-
ship of Middleton in the County of Norfolk and Province of
Ontario Innkeeper of the second part. Whereas one James
O' Neill in his lifetime of the said Township of Middleton
being seized in fee simple of the lands and premises here
inafter described did by Indenture of Mortgage bearing
date the Eleventh day of April one thousand eight hun-
dred and sixty-eight convey the said lands and premises
to the party of the first part and one James Cathcart who
then were Executors and Trustees of the last Will and testa-
ment of the said Robert Cathcart for the purpose of securing
payment of the money at the time in said Mortgage men-
tioned -
And whereas the said James Cathcart did prior to
the date of filing the Bill hereinafter mentioned
whereby the said lands and premises became vested
in the said party of the first part as such surviving
Trustee, And whereas default having been made in
payment of the money secured by the said Mortgage
the said party of the first part on or about the Twentieth
day of May one thousand Eight hundred and seventy-
one filed his Bill of Complaint in the Court of Chancery
for the Province of Ontario aganist the said James O'Neill
to obtain payment of the moneys secured by the said Mortgage
And whereas by a Decree bearing date the Twentieth
day of June one thousand eight hundred and seventy one
and made in the said cause it was ordered and decreed that
of lawful money of Canada now paid by the said party of the
second part to the
said party of the first part (the receipt
whereof is hereby by him acknowledged) he the
said party
of the first part doth grant unto the said party of the second
part his heirs and
assigns forever - All and singular that
certain parcel or tract of land and premises
situate lying
and being in the Township of Middleton in the County
of Norfolk and
Province of Ontario Containing by admeasure-
ment fifty acres of land be the same
more or less. Being
composed of the North Half of the South Half of Lot number
one in
the second Concession North of Talbot Road in said
Township of Middleton -
To Have
and To Hold unto the said party of the
Second part his heirs and assigns to and for his
and their
sole and only use forever - Subject nevertheless to the
reservations limitations
provisoes and conditions ex-
pressed in the original grant thereof from the crown.
The
said party of the first part covenants with the
said party of the second part that he hath
the right
to convey the said lands to the said party of the
Second part notwithstanding
any act of the said
party of the first part - And that the said party of the
Second part
shall have quiet possession of the said
lands free from all encumbrances - And the said
party of the first part covenants with the said
party of the second part that he will
execute such further
assurances of the said lands as may be requisite -
And the said
party of the first part covenants with
the said party of the second part that he hath done
no act to encumber the said lands - And the said
party of the first part releases to the
said party of the
second part all his claims upon the said lands.
In Witness whereof the
said parties hereto have hereunto set
their hands and seals - {James Seal ( LS )
Signed
sealed and delivered {Joseph Lamond ( LS )
in the presence of in duplicate
T.W. Walshe
Ontario {I Thomas William Walsh of the Town
County of Norfolk {of Simcoe in the said
County of
to wit . { Norfolk P. L. Surveyor make oath
and say - That I was personally
present and did see
the within Instrument and duplicate duly signed sealed
and
executed by James Leach and Joseph Lamond the parties
thereto . 2 that the said
Instrument and duplicate were
executed at the said Town of Simcoe. 3 That I know the said
parties. 4 that I am a
subscribing witness to the said In-
strument and duplicate
Sworn before me at Simcoe in the }
County of Norfolk this 2'nd day of }
March in the year of our Lord 1874 }Thos. W.
Walsh
W. L. Walsh }
A commissioner for taking affidavits in
Co. Norfolk
The source citation for this deed is:
Norfolk County (Ontario) Registrar of Deeds, indenture of Duncan Bell to James Abraham Kemp, dated 20 June 1873, recorded 2 March 1874; imaged, "Walsingham, Norfolk, Ontario, Canada 1876-1877, 1876," FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSYS-9S9Z-L : accessed 30 August 2024), pages 827-829, images 93-94 of 830; original records in Norfolk County (Ontario) Registrar of Deeds, Simcoe, Ontatio), microfilmed and imaged by FamilySearch.
This is a Derivative Source (because it is a court clerk's transcription of the original handwritten indenture) with Primary Information and Direct Evidence of the land recorded, the grantor and grantee, and the dates of the transaction and registration. Note that the deed does not state the amount paid for the land.
James Abraham Kemp (1831-1902) was born 22 May 1831 in Hillier, Prince Edward County, Upper Canada, the son of Abraham and Sarah (Fletcher) Kemp. He died 19 September 1902 in Delhi, Norfolk County, Ontario. James married (1) Mary Jane Sovereen (1840-1874), daughter of Alexander and Elizabeth (Putman) Sovereen, on 10 March 1861 in Middleton, Norfolk county, Canada West. They had five children.
After Mary Jane (Sovereen) Kemp died in 1874, James Abraham Kemp married (2) Melissa Wilson (1840-1902) on 16 November 1876 in Bell Ewart Innisfil, Simcoe County, Ontario. They had one child
James Abraham and Mary Jane (Sovereen) Kemp are my 2nd great-grandparents. I am descended through their Georgianna Kemp (1868-1952), who married Charles Auble (1849-1916) in 1898.
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NOTE: Genea-blogger John Newmark (who writes the excellent TransylvanianDutch blog) started a Monday blog theme years ago called "Amanuensis Monday." John offers this definition for "amanuensis:"
"A person employed to write what another dictates or to copy what has been written by another."
Read other transcriptions of records of my ancestors at Amanuensis Monday Posts.
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