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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