This week's document for transcription is the 1877 mortgage indenture of James A. Kemp to John and Martha Jane Were for $400 for land in Fredericksburg, Middleton Township, Norfolk County, Ontario:
* Courtland Land and Property, 1876-1880, pages 432-3, image 53 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 432:
No 42818B&S
Were wife
To Kemp
Entered and registerd this tenth
day of February AD 1877 at
Entered and registerd this tenth
day of February AD 1877 at
ten oClock& 42 minutes A.M.
On number 29390
T.E. Walsh Reg'r
In the main body of the deed (pages 432-3):
This indenture made in duplicate the thirty first day of January One
thousand Eight hundred and Seventy Seven in pursuance of the act respecting Short
forms of Conveyances Between James ^John^ Were of the Village of Fredricksburg in the
County of Norfolk and Province of Ontario Mechanic of the first part
Martha Jane Were wife of the said party of the first part of the Second part and
James Kemp of the same place of the third part.
Witnesseth that in consideration of ______ dollars of lawful money of
Canada now paid by the said party of the third part to the said party of
the first part the receipt whereof is hereby by him acknowledged to the said party of the
first part Doth grant unto the said party of the third part his heirs and assigns forever
All and Singular that certain parcel or tract of land and premises situate lying and
being in the Village of Fredricksburg in the Township of Middleton in the County of
Norfolk and province of Ontario and may be known and described as follows
that is to say Being composed of the West half of Village lot number Two on the
North side of King Street and East side of Main Street in the village of Fredricksburg
aforesaid agreeable to the plan or map of said Village made by Thomas W. Walsh
Esquire P. L. Survey or a copy of which plan or map is deposited in the Registry
office for the County of Norfolk. To Have and To Hold unto the said part of the
third part heirs and assigns to and for their sole and only use forever
Subject Nevertheless to the reservations limitations provisoes and conditions
expressed in the original Grant thereof from the Crown. Subject also to a certain
Mortgage made by the said party hereto of the first part to the Canada Permanent
Town and Savings Company to secure the sum of $ 400 0/ 00 dated the Ninth day
of February A D 1874 and registered in the Registry office for the County of
Norfolk as No 38302. The said party of the first part covenants will the said
party of the third part that he has the right to convey the said lands to the said
party of the third part Notwithstanding any act of the said party of the first part
Except as aforesaid, and that the said party of the third part shall have quiet
possession of the said lands free from all incumbrances except as aforesaid.
And the said party of the first part covenants with the said party of the third
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
third that he has done no act to incumber the said lands except as aforesaid.
And the said party of the first part releases to the said party of the third part all
his claims upon the said Lands. And the said Martha Jane Were wife of the
said party of the first part hereby bars her Dower in the said lands.
And we the said party of the third part covenants and agree to and to and with the
said party of the first part that he will pay and fully satisfy all moneys due or to
become due on the above mentioned Mortgage. In Witness whereof the said
parties hereto have hereunto set their hands and Seals.
Signed Sealed and Delivered } s/s John Were LS
In the presence of } s/s Martha Jane Were LS
s/s Luke Cook } s/s James A. Kemp LS
County of Norfolk } Luke Cook of the Village of Fredricksburg in the
to wit } County of Norfolk Esquire make oath and say
1 That I was personally present and did see the within Instrument and Duplicate thereof
duly signed sealed and executed by John Were Martha Jane Were and James A. Kemp the
parties thereto. 2 That the said Instrument and Duplicate were executed at the Village of
Fredricksburg aforesaid . 3 That I personally know the said parties. 4 That I am a
subscribing witness to the said Instrument and duplicate
Sworn before me at Fredricksburg in the County of }
Norfolk this Ninth day of February in the year }
of our Lord 1877 } s/s Luke Cook sg'd James Whitside - A commissioner }
for taking affidavits in B R &c }
The source citation for this deed is:
Norfolk County (Ontario) Registrar of Deeds, #42818, mortgage indentuire of James A. Kemp to John and Martha Jane Were, dated 31 January 1877, recorded 10 February 1877; imaged, "Courtland, Land and Property 1876-1880" FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSY9-BSDY-P?view=fullText : accessed 30 August 2024), pages 432-433, image 53 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 #29390 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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