Monday, November 4, 2024

Amanuensis Monday -- 1878 Mortgage Discharge of Trustees of Robert Cathcart to Lorenz Romain for Land in Middleton Township, Norfolk County, Ontario

This week's document for transcription is the 1878 mortgage discharge of the Trustees of the estate of Robert Cathcart to Lorenz Romain for land originally purchased by James A. Kemp in 1872 in Middleton Township, Norfolk County, Ontario:

*  Courtland Land Records 1885-1889 | pages 268-269, image 40 of 850:

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:

D. of M.
Anderson et al (Trustees)
To
Romain
No. 62751
Entered and Registered, this
8th day of 
June
A.D. 1885 
at 45 minutes
past 10 o'clock
A.M.
A.J. Donly
Registrar

In the main body of the mortgage indenture (pages 268-269):

No. 62751 
Province of Ontario  }Dominion of Canada 
To Wit                       }
To the Registrar of the County of Norfolk 
We William Anderson of the City of Toronto, accountant and 
John William Gamble Whitney, of said city Estate agent,
 trustees of the will of Robert Cathcart deceased, appointed by an 
order of the Court of Chancery for the Province of Ontario made the 
fifth day of March, A.D. 1878, do certify that Lorenz Romain of 
the Village of Delhi in the County of Norfolk and Province of Ontario 
Innkeeper hath satisfied all money due on or to grow due on a 
certain mortgage made by Stephen D. Brown of the township of 
Walsingham in the said County of Norfolk Innkeeper and Mariah 
Brown his wife to James A Kemp of the Village of Fredericksburg 
in the same County Innkeeper, which mortgage bears date the thirtieth 
day of December, A.D. 1872, and was registered in the Registry Office 
for the County of Norfolk on the twenty-eighth day of February A.D. 
1873 at fifty-six minutes past ten oclock in the forenoon in Liber 
No X for the Township of Middleton as No 33242. That such mort-
gage by an Indenture of Assignment of Mortgage was assigned 
by the said James A Kemp to Duncan Bell of the City of Montreal 
Merchant the said Indenture of Assignment bears date the twenty-
ninth day of September A.D. 1873. and was registered in the Registry 
Office for the County of Norfolk on the seventh day of January A.D. 
1874 at thirty-four minutes past two oclock in the afternoon 
in Liber No X for the township of Middleton as No. 55084, That 
such mortgage has become vested in us by virtue of said order and 
has not been assigned by us: and that we are the persons entitled 
by law to receive the money, and that such mortgage is there-
fore discharged.
Witness our hands this twenty-fourth day of September 1878
Witness                     }  sgd W'm Anderson
sgd Geo W Youell    }   sgd J. W. C. Whitney 
Ontario                      }  I Goerge Warren Youell of the City of Toronto in the
County of York         }  County of York, Clerk, make oath and say:
To Wit                       }
1.  That I was personally present and did see the within Certificate 
of discharge of Mortgage duly signed and executed by William An-
derson and John William Gamble Whitney two of the parties thereto 
2 . That the said instrument was executed at the City of Townto 
aforesaid.
3 . That I know the said parties. 
4 . That I am a subscribing witness to the said instrument.
 Sworn before me at Toronto        }
in the County of York this             }
twenty-fourth day of September }
in the year of our Lord 1878       }    sgd Geo. W. Youell
sgd W'm Mortimer Clark           }
 A Commissioner for taking affidavits in B of C.  

The source citation for this mortgage discharge is:

Norfolk County (Ontario) Registrar of Deeds, #62751, mortgage discharge of Wm Anderson and J.W.C. Whitney to Lorenz Romain dated 24 September 1878, recorded 8 June 1885;  imaged, "Courtland Land Records, 1885-1889," FamilySearch  (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSY9-1JK8?view=fullText : accessed 30 August 2024), pages 268-269, image 40 of 850; 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 Discharge document and registration.  In this Discharge, the land in Middleton Township that James A. Kemp purchased, and obtained a Mortgage for, in 1872 (apparently from Stephen D. and Mariah Brown) was sold to Duncan Bell in 1873, who apparently sold it to Lorenz Romain, who paid off the Mortgage in 1878.  The Mortgage was held by the Trustees of the Estate of Robert Cathcart (William Anderson and John William Gamble Whitney) who apparently were owed the money and interest of this mortgage.  The relationship of Robert Cathcart to the original Mortgage holder Stephen D. and Mariah Brown is unclear. 

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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