This week's document for transcription is the 1883 mortgage indenture of The Canada Landed Credit Company to Daniel B.F. Soper for land originally purchased by James A. and Melissa Kemp in 1877 in Middleton Township, Norfolk County, Ontario:
* Courtland Land Records 1881-1885 | pages 508-509, image 528 of 857:
* Courtland Land Records 1881-1885 | pages 510-511, image 529 of 857:
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 508:
No. 60084.
Deed of land
Co. Canada landed Credit
To Soper.
Entered and Registered
this sixth day of December
A.D. 1883 at one o'clock
and two minutes P.M.
M. Number 31261.
F.E. Walsh, Reg'r
In the main body of the mortgage indenture (pages 508-509):
No. 60084.
This Indenture made in duplicate the twenty sixth day of November in the year
of our Lord one thousand eight hundred and eighty three. In pursuance of
the act
respecting short forms of conveyances. Between the Canada landed Credit Company
of the first part, and Daniel B. F. Soper of the township of Middleton in the County
of
Norfolk in the Province of Ontario Yeoman of the second part. Whereas by a certain
Indenture of Mortgage bearing date the third day of February one thousand eight hun-
dred and seventy seven and made in pursuance of the act respecting short forms
of
Mortgages, Between James A. Kemp of the said township of Middleton Yeoman
of the
first part, Melissa Kemp his wife (for bar of Dower) of the second part, and the
said
The Canada landed Credit Company of the first ^third^ part. It is witnessed that the
said James A.
Kemp did grant and Mortgage unto the said The Canada landed Credit
Company
their successors and assigns, 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,
for securing payment of a principal sum
of one thousand dollars of lawful money
of Canada with interest thereon after the rate
of eight per cent per annum and
which said sum of one thousand dollars was but and
advanced by the said The
Canada landed Credit Company to the said James A. Kemp upon the security of the
said lands and premises. And whereas it is provided by the
said Indenture of Mortgage
that the same should be void on payment of interest on 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 sum
payable half yearly in gold during the same term and at the same place
and times
thereinbefore appointed for payment of said interest such intent and principal
form-
ing together an annuity for twenty three years of one hundred dollars and taxes
and
performance of statute labour. And whereas it is further provided by the said
Indenture
of Mortgage that in default of payment of any portion of the principal
or interest thereby
secured the whole principal and interest thereby secured shall become
payable, and in
default of payment for one month the said The Canada landed
Credit Company may on
one months notice enter on and lease or sell the said
premises. And whereas default
has been made in payment of the instalment of
principal and interest secured by the
said Indenture of Mortgage which became
due and payable on the third day of August
one thousand eight hundred and
eighty one and of all subsequent instalments. And
whereas by reason of such
default the said The Canada landed Credit Company are
empowered to sell the
said lands and premises. And whereas by Indenture of Bargain
and sale bearing
date the twenty ninth day of January one thousand eight hundred and
seventy
eight the said James A. Kemp conveyed the said land and premises to one William
Alexander William Hutchison. And whereas by deed bearing date the fifteenth day of
March one thousand eight hundred and seventy nine the said Alexander William Hutchison
conveyed the said land and premises to one Daniel B. Hutchison. And whereas the
said The Canada landed Credit Company served the said Daniel B. Hutchison with
notice of their intention to exercise the said Power of sale and demanding payment
of the
arrears under the said Indenture of Mortgage. And whereas there was due for
principal
and interest under the said Indenture of Mortgage at the date of said notice
to wit on
the sixteenth day of January one thousand eight and eighty three the
sum of ten
hundred and eighty four dollars and nineteen cents. And whereas by
reason of such default
and non payment of such arrears as demanded by the
said notice, and in exercise of
the said power of sale, the said The Canada landed
Credit Company offered the said
lands and premises for sale by Public Auction
pursuant to such advertisement) at the town of
Simcoe in the said County of
Norfolk on the thirty first day of March last which said sale
proved abortive. And
whereas in further exercise of the said power of sale the said The
Canada landed Credit
Company have contracted with the said Daniel B. F. Soper for
the sale to him of
the said lands and premises at and for the price or sum of eleven
hundred and
[pages 510-511]
ninety dollars, two hundred dollars of which is to be paid down and
the
balance or sum of nine hundred and ninety dollars is to be secured by Mortgage
to
the said Company over the said lands and premises . Now this Indenture witnesseth
that in pursuance of the premises and in exercise of the said Power of sale and in
consideration of the sum of two hundred dollars of lawful money of Canada now
paid by
the said Daniel B. F. Soper to the said The Canada landed Credit Company
(the
receipt whereof is hereby acknowledged) and of a Mortgage of even date herewith
executed by the said Daniel B. F. Soper to the said The Canada landed Credit
Company
over the said lands and premises securing payment of the sum of nine
hundred and
ninety dollars and interest as therein, the said The Canada landed Credit
Company
do grant unto the said Daniel B. F. Soper his heirs and assigns for ever, 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. To have and to hold unto the said Daniel B. F. Soper
his heirs and assigns to
and for his and their sole and only use for ever, subject neverthelen
to the reservations
limitations provisoes and conditions expressed in the original grant
thereof from the
crown, and subject also to the said Indenture of Mortgage of even
date herewith for
the sum of nine hundred and ninety dollars.
In witness whereof the said parties hereto
have hereunto set their hands and seal.
Signed Sealed and Delivered }
in presence of } sgd. D. McGee {Seal} Xd.
sgd. George C. Lovey. }
The source citation for this mortgage indenture is:
Norfolk County (Ontario) Registrar of Deeds, #60084, mortgage indenture of The Canada landed Credit Company to Daniel B.F. Soper dated 6 November 1883, recorded 6 December 1883; imaged, "Courtland Land Records, 1881-1885," FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSRG-BQ1P-6?view=fullText : accessed 30 August 2024), pages 508-510, images 2528-529 of 857; 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 discharge) with Primary Information and Direct Evidence of the mortgage number, the mortgagor and mortgagee, the mortgage history, and the dates of the Mortgage Indenture document and registration. In this Indenture, the land that James A. Kemp purchased and obtained a Mortgage for in 1877 was sold to Alexander William Hutchison, who sold it to Daniel B. Hutchison, who defaulted on the mortgage. The Canada Landed Credit Company reclaimed the property according to the defaulted mortgage terms, and sold it to Daniel B.F. Soper, who agreed to this Mortgage Indenture in November 1883.
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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