Monday, October 7, 2024

Amanuensis Monday -- 1878 Mortgage Indenture of James and Melissa Kemp for Land in Fredericksburg, Middleton Township, Norfolk County, Ontario

This week's document for transcription is the 1878 mortgage indenture of  James and Melissa  Kemp to The London Loan Company of Canada for $628.88 for land purchased in Fredericksburg, Middleton Township, Norfolk County, Ontario:

*  Courtland Land and Property, 1876-1880, pages 920-1, image 302 of 830:


*  Courtland Land and Property, 1876-1880, pages 922-3, image 303 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 920:

No 45678 Mortgage
James Kemp et ux
to The London Loan company
Entered and registerd 
this 21st day of February 
AD 1878 at 12 oClock
and 26 minutes P.M.
On number 29700
             F.E. Walsh Reg'r

In the main body of the deed (pages 920-922):

This Indenture made (in duplicate) the nineteenth day of
February one thousand eight hundred and seventy Eight
In pursuance of the Act respecting short form of
Mortgages Between James Kemp of the Township 
of Middleton  in the County of Norfolk and Province of Ontario
Carpenter and Joiner, hereafter called the Mortgager
of the first part and The London Loan Company of Canada
hereinafter called the Company of the second part, and Melissa
Kemp wife of the said Mortgager of the third part.
Witnesseth that in consideration of four hundred dollars
of lawful money of Canada now paid by the Company
to the Mortgager (the receipt whereof is hereby acknowledged)
The Mortgager doth grant and Mortgage unto the said
The London Loan Company of Canada and then
assigns forever All and singular that certain
parcel or tract of land and premises situate lying
and being in the Village of Fredericksburg 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 Fredericksburg 
aforesaid according to the plan or map of said Village 
made by Thomas W. Walsh Esquire P. L. Surveyor a 
Copy of which plan or map is deposited in the 
Registry office for the County of Norfolk.
And the said Malissa ^wife of the mortgager^ hereby bars her dower in 
the said lands. Provided this mortgage to be void on 
payment of Six hundred and twenty eight dollars 
and twenty eight cents of lawful money of Canada 
in equal yearly instalments of sixty two dollars and 
Eighty Eight cents on the first day of March in 
each year during the Term of Ten years, the 
first instalment to be paid in the first day of 
March 1879 Together with interest at the rate of 
one per cent per month on any portion of the money 
hereby secured in arrear from the date of default 
in payment until all such awars are paid said 
interest to be payable with such arrears. And taxes 
and performance of statute labour Provided that 
in default of the payment for six months of any 
portion of the money hereby secured the whole principle
and interest hereby secured shall become payable.
The Mortgagors Covenant with the Company that the 
Mortgager will pay the mortgage money and interest 
and observe the above provisoes 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 
lands to the Company and that on default the said 
Company shall have quiet possession of said 
lands free from all encumbrances And that the 
Mortgagor will execute such further assurances of 
the said lands as may be requisite And that the 
Mortgagor has done no act to encumber the said lands 
And that the Mortgagor will insure the buildings on the 
said lands to the amount of not less than six hundred 
dollars and that the Mortgagor doth release to the Company 
all his claims upon the said land subject to the said 
proviso Provided that the Company on default of pay-
ment for one month may on one months notice enter 
on and lease or sell the said lands Provided also that 
any such sale may be for cash or on terms of credit 
and that in ^case^ of default as in foregoing provisoes
mentioned, for three month, the foregoing power

of entry leasing or sale may be exercised without 
any notice having been given as therein provided 
Provided that the Mortgagees may distrain for arrears 
of interest and that this power shall also be exercisable 
as fully for and in respect of any of said instalment 
of principal hereby secured in case of default of 
payment of any part thereof as if said instalments 
were interred. The Mortgagor agrees that neither the execution 
nor registration of this Mortgage shall bind the Company 
to advance moneys. In Witness whereof the said 
parties hereto have hereunto set their hands and seals 
Signed Sealed and Delivered    } 
in the presence of                      }            James Kemp {seal}
Having been read we explained }                  
Clerk James Furlong  Delhi     }              Melissa Kemp   {seal}

County of Norfolk }  I James Furlong of the Village of 
To Wit                    } Fredricksburg in the County of Norfolk 
                                  Province of Ontario , Clerk make oath and say - 
1 That I know the within named James Kemp 
and his wife Malissa Kemp and saw them
 execute the within Mortgage and Duplicate at 
the Village of Fredricksburg in the County of Norfolk 
and that I am a subscribing witness to such 
execution 
Sworn before me at the             }
Village of Fredricksburg            }
 the County of Norfolk              }
this 20th day of February 1878  }    James Furlong 
James M Garvey                       }
A Commissioner in B. R. e'c            ? ?

The source citation for this deed is:

Norfolk County (Ontario) Registrar of Deeds, #45678, mortgage indentuire of  James A. Kemp  to The London Loan Company of Canada, dated `9 February 1878, recorded 21 February 1878; imaged, "Courtland, Land and Property 1876-1880" FamilySearch  (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSY9-BSFS-H?view=fullText : accessed 30 August 2024), pages 920-922, images 302-303 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, the amount borrowed and yearly payments, and the dates of the mortgage indenture and registration.  I searched Full-Text Search for the actual deed #29700 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.

The URL for this post is:  https://www.geneamusings.com/2024/10/amanuensis-monday-1878-mortgage.html

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