This week's document for transcription is the 1877 mortgage indenture of James A. and Melissa Kemp to Canada Credit Lending Company for $1000 for land in Middleton Township, Norfolk County, Ontario:
* Courtland Land and Property, 1876-1880, page 437, image 55 of 830:
* Courtland Land and Property, 1876-1880, page 438, image 56 of 830:
The transcription of this document is (based on the FamilySearch Full-Text Search, with corrections as required, including line breaks):
In the left-hand margin on page 437:
No 42866Mort
Kemp ????
Canada Landed Credit C'o
Entered and registerd this 14'th
day of February AD 1877 at 10 oClock
& 6 minutes A.M.
On number 29395
T.E. Walsh Reg'r
In the main body of the deed (page 437):
This Indenture made in duplicate the third day of February One thousand Eight hundred
and Seventy Seven in pursuance of the act respecting short forms of Mortgages, Between James
A Kemp of the township of Middleton in the County of Norfolk in the Province of Ontario Yeoman
hereinafter called the Mortgagor, of the first part, Melissa Kemp his wife of the Second part
and the Canada Landed Credit Company, hereinafter called the Company of the third part.
Witnesseth that in consideration of the principal Sum of One thousand dollars of
lawful money of Canada now paid by the said Company to the said Mortgagor the receipt
whereof is hereby acknowledged. The said Mortgagor Doth grant and Mortgage unto the
said Company their Successors and assigns forever all that certain parcel or tract of land
and premises situate lying and being in the township of Middleton in the County of Norfolk
in the province of Ontario containing One hundred acres more or less Being composed
of the West half of lot number One Hundred and Eighty three in the first Concession North
of the Talbot Road in the said township of Middleton, and the said party of the
Second part wife of the said Mortgagor hereby bars her Dower in the said Land
provided this Mortgage to be void on payment of interest in the said principal sum
of One thousand dollars at the rate of Eight dollars per centum per annum for twenty
three years from the date hereof payable in gold at the office of the said Company
in Toronto half yearly the first payment being payable on the third day of August
A D 1877 - and on payment of the said principal by means of the sinking fund
of the said Company by payment to the said Company of Two dollars per centum per
annum on the said principal sums payable half yearly in gold during the said term
and at the same place and times hereinbefore appointed for payment of said interest such
Interest ^and principal, forming together an annuity for twenty three years of One Hundred dollars
and Taxes and performance of statute labour. The said Mortgagor covenant with
the said Company that the Mortgagor will pay the Mortgage money and interest
and observe the above proviso, and that the Mortgagor has a good title in fee simple
to the said Lands and that he has the right to convey the said land to the said
Company . And that on default the said Company shall have quiet possession of the
said lands free from all incumbrances, And that the said Mortgagor will execute
the said Mortgagor will execute such further assurances of the said Lands as
may be requisite, And that the said Mortgagor has done no act to encumber the
said lands . And that the said Mortgagor will insure the buildings on the said
Lands to the amount of not less than six hundred dollars currency, provided that
in default of the payment of any portion of the principal or interest hereby secured
the whole principal and interest hereby secured shall become payable with interest
at the rate aforesaid upon the arrears of principal and interest, the same to be paid
in Gold. Provided that the default of payment the Mortgagor shall have quiet
possession of the said Lands. And the said Mortgagor doth release to the said
Company all his claims upon the said land subject to the said proviso provided
that the said Company on default of payment for one month may on one months
notice enter on and lease or sell the said Lands. Provided that such notice may
be effectually given either by leaving the same with a grown up person on the
Mortgaged premises if occupied or placing the same on some portion thereof if
unoccupied or at the option of the said Company by publishing the same for four
successive times in some newspaper published in the County in which the said land
In the main body of the deed (page 438):
are situate, and it is hereby further declared and agreed by and between
the said parties to these presents that in case of sale by public auction under
the power heretofore given it shall be lawful for the said Company their
Successors or assigns to fix a reserved bidding for the said land or any part
or parts thereof, and if the same shall be exercised to resell the said lands or
any part or part thereof either by private Sale or public auction without being
responsible for any loss or deficiency for or on account of such sale
provided that the company may distrain for arrears of interest.
The said Mortgagor agrees that neither the execution nor registration of this
Mortgage shall bind the said Company to advance the money, and it is
hereby declared that in case the said Company satisfies any lien charge or
incumbrance for taxes or otherwise upon the Lands the amount paid shall
be a charge on the said lands in favor of the said Company and shall be
payable forthwith in Gold with interest at eight per centum, and in default
the power of Sale hereby given shall be exercisable. The said Company covenants
to discharge this Mortgage upon receiving six months notice to be given to them
on any of the days when the interest becomes due as aforesaid and upon
payment in gold in full of the principal money hereunder advanced and interest
thereon at the rate aforesaid. In Witness whereof the said parties have hereunto
set their hands and seals.
Signed Sealed and Delivered having }
been first read over and explained } s/s James A. Kemp {LS}
In presence of } s/s Melissa Kemp {LS}
James A. Lawson }
Fredericksburg Salesman }
County of Norfolk . To wit } I James A. Lawson of the Village of
Fredricksburg in the County of Nor 10116 Salesman make oath and Say
1 That I was personally present and did see the within Instrument and a Duplicate
thereof duly signed sealed and executed by James A. Kemp and Melissa Kemp two of the
parties thereto 2 That the said Instrument and duplicate were executed at the
Village of Fredricksburg. 3 That I know the said two parties. 4 That I am a
subscribing witness to the said Instrument and Duplicate
Sworn before me at the Village }
of Fredricksburg in the County }
of Norfolk this Twelfth day of }
February A D 1877 } s/s James A. Lawson
s/s James Whitside }
a Commissioner &c in B R in }
and for the said County }
The source citation for this deed is:
Norfolk County (Ontario) Registrar of Deeds, #42866, mortgage indentuire of James A. Kemp and Melissa Kemp to Canada Landed Credit Company, dated 3 February 1877, recorded 14 February 1877; imaged, "Courtland, Land and Property 1876-1880" FamilySearch (https://www.familysearch.org/search/ark:/61903/3:1:3Q9M-CSY9-BS81-8?view=fullText : accessed 30 August 2024), pages 437-438, images 55-56 of 830; original records in Norfolk County (Ontario) Registrar of Deeds, Simcoe, Ontario, microfilmed and imaged by FamilySearch.
This is a Derivative Source (because it is a court clerk's transcription of the original mortgage indenture) with Primary Information and Direct Evidence of the mortgage number, the mortgagor and mortgagee, the land size and location, and the dates of the mortgage indenture and registration. I searched Full-Text Search for the actual deed #29395 and did not find it.
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 daughter 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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