Amanuensis Monday -- 1877 Mortgage Indenture of Alexander Sovereen and Elizabeth Sovereen to Robert Thompson Livingstone for Land in Norfolk County, Ontario

This week's document for transcription is the 1877 mortgage indenture of  Alexander Sovereen and his wife Elizabeth to Robert Thompson Livingstone for land in Windham Township, Norfolk County, Ontario:

*  Norfolk Land Records 1876-1878 | pages 364-365, image 462 of 846:

*  Norfolk Land Records 1876-1878 | pages 366-367, image 463 of 846:

*  Norfolk Land Records 1876-1878 | pages 368-369, image 464 of 846:

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 365:

N'o 43454 Mort

Sovereen etux

to Livingstone

Entered and Registered

this 14'th day of April

AD 1877, at 3 o'clock

and 10 Minutes P.M.

M: Number 30072

FL Walsh Reg.

In the main body of the mortgage indenture (pages 365-368):

  

This Indenture made in duplicate the Fourteenth day of April One thousand 

Eight Hundred and Seventy seven , in pursuance of the Act respecting short 

forms of Mortgages. Between , Alexander Sovereen of the Township of Windham 

in the County of Norfolk , Farmer , hereinafter called the Mortgagor of the 

First part : Elizabeth Sovereen his wife of the second part : and Robert 

Thompson Livingstone of the Town of Simcoe , in said County Esquire 

hereinafter called the Mortgager of the third part . Witnesseth that in 

consideration of Five Hundred Dollars of lawful money of Canada now 

said by the said Mortgager to the said Mortgagor the receipt whereof is 

hereby acknowledged , the said Mortgagor doth grant and mortgage unto 

the said Mortgagee his heirs and assigns forever . All and Singular those 

certain parcels or tract of land and premises situate , lying and being 

in the Township of Windham in the County of Norfolk containing in the 

aggregate by admeasurement Fifty five acres , two roods and thirty four 

perches of land be the same more or less and being composed of 

Firstly the South Westerly part of the North half of Lot number Twenty 

One in the Eleventh Concession of the said Township of Windham : which 

said parcel of land is bounded as follows , that is to say : Commencing on 

the Westerly side line of said Lot at the South West angle of the North 

Fifty acres of said Lot ; thence South fifteen degrees and forty minutes 

East fifteen chains and twenty links more or less to the limit between 

the North and South halves of said Lot number Twenty one : thence North 

seventy Eight degrees and thirty minutes East five chains and fifteen 

links more or less to the Westerly side of the established road leading 

from the Village of Fredericksburg to the Village of Scotland , Thence 

bounding thereon north about nine degrees and thirty minutes East fifteen 

chains and ninety six links more or less to the Southerly limit of the 

North fifty acres of said lot and thence bounding thereon South Seventy 

Eight degrees and thirty minutes West Eleven chains and forty links more or 

less to the place of Beginning , Containing by admeasurement Twelve 

acres , two roods and eleven perches of land be the same more or less. 

Secondly , Being composed of a Southerly part of the South half of Lot 

number Twenty two in the Eleventh Concession of the said Township of 

Windham containing by admeasurement thirteen acres and twenty three 

Perches of land be the same more or less , which said parcel or tract 

of land is butted and bounded or may be otherwise known as follows 

that is to say : Beginning where a stone is planted on the Northerly 

side of an allowance for road in rear of said concession being at the 

distance of twelve chains and twenty links from where a stone is 

planted at the South Westerly angle of said Lot number twenty two 

thence running parallel to the side lines of said lot North fifteen 

degrees forty minutes West three chains and twenty five links to 

where a stone is planted as the North West angle of the parcel of land 

hereby conveyed : thence running parallel to the allowance for road 

in lien of said Concession North Seventy eight degrees thirty minutes 

East fourteen chains more or less to the Westerly side of the travelled 

road crossing said Lot leading to the Town of Brantford . thence 

bounding on the Westerly side of said Road South eight degrees 

and thirty minutes West Eleven chains and fifteen links more or less 

to where a stone is set at the intersection of said road with the 

allowance for road in rear of said Concession : and thence 

bounding thereon South Seventy Eight depus and thirty minutes 

West nine chains and thirty seven links more or less to the place of

Beginning , and Thirdly , Thirty acres of land more or less being composed 

of the Westerly part of the North half of Lot number Twenty in the 

Twelfth Concession of the Township of Windham aforesaid , which said 

parcel or tract of land is butted and bounded as follows , Beginning 

at the North Westerly angle of the said Lot number twenty , thence 

bounding on the allowance for road in front of the said Concession 

North Seventy Eight depus and thirty minutes East Eight chains and 

ninety links and three tenths of a link : thence running parallel to 

the side line of said Lot South fifteen depers and forty minutes

East thirty three chains and Seventy links more or less to the 

division between the north and South halves of said Lot , thence 

running parallel to the allowance for road in part of said 

Concession ( and upon the division line of said half Lots ) South 

Seventy Eight degrees thirty minutes West Eight Chains and 

ninety links and three tenths of a line to the Westerly side line

of said Lot : and thence bounding thereon North fifteen degrees

and forty minutes West thirty three chains and Seventy links 

more or less to the place of Beginning . To Have and To Hold the 

same with the appurtenances unto and to the use of the said 

Mortgager his heirs and assigns forever subject to the proviso

for redemption thereof hereinafter contained . Provided this 

Mortgage to be void on payment of Five Hundred Dollars of 

lawful money of Canada with interest at Eight per cent as follows : 

At the expiration of three years from the date hereof together

with interest thereon at the said late payable in the meantime

annually , and taxes and performance of Statute labour . 

The said Mortgagor Covenants with the said Mortgagee that the 

Mortgagor will pay the Mortgage money and interest and observe 

the above proviso That the Mortgagor hath a good title in

fee simple to the said lands.  And that he hath the right to 

Convey the said lands to the said Mortgagee . And that on 

default the Mortgagee shall have quiet possession of the said 

lands free from all encumbrances . And that the said Mortgagor will 

Execute such further assurances of the said lands as may Requisite .

And that the said Mortgagor hath done no act to incumber the said 

lands . And that the said Mortgagor will insure the building on the said 

lands to the amount of not less than Five Hundred Dollars Currency 

and the said Mortgagor doth release to the said Mortgagee all his 

claims upon the said lands subject to the said proviso , and it is 

hereby declared and agreed by and between the said parties hereto that 

in case the said interest shall not be paid on the days and times 

hereinbefore appointed for payment thereof then and so often as the 

same shall be in arrears interest shall become due and payable 

thereon at the date aforesaid from the time the same shall become 

due until payment thereof , Provided that the said Mortgagee on 

default of payment for one month may enter on and lease or sell the 

said lands without notice . and the Mortgager covenants with the 

Mortgagor that no sale or lease of the said lands shall be made or 

granted by him until such time as one months notice in writing shall 

have been given to the Mortgagor and the service or giving of such 

notice shall be good and effectual either by leaving the same with 

a grown up person on the mortgaged premises if occupied or 

by putting up the same on some portion thereof if unoccupied 

or at the option of the Mortgagee by publishing the same for four 

successive times in some newspaper published in the County of 

Norfolk. Provisoed that the purchaser shall in no case be bound 

to ascertain that the default has happened under which the 

Mortgagor claims to lease or sell and that the remedy of the 

Mortgagor for any breach of the said Covenant shall be in damages

only and the Sale under the said power shall not be affected . 

Provided that the said Mortgagee may distrain for arrears of 

interest . Provided that in default of the payment of any instal-

ment of the principal or the interest hereby secured the whole 

principal hereby secured remaining unpaid shall become 

payable but the Mortgagee may waive his right to call in the 

principal and shall not be therefore debarred from asserting 

and exercising his right to call in the principal upon the 

happening of any future default . Provided that until default of 

payment the Mortgagor shall have quiet possession of the said

lands . And the said party of the second part hereby bars her 

Dower in the said lands . In Witness whereof the said parties 

hereto have hereunto set their hands and seals. 

Signed , Sealed and Delivered }  

In presence of                            }  (sgd) A. Sovereen   {LS}

(sgd) G.B. Jackson                   }  (sgd) E. Sovereen   {LS}

County of Norfolk  }   I George Bruce Jackson of the Town of 

      To Wit               }  Simcoe , in the County of Norfolk , Attorney at 

law , make oath and say that -1- I was personally present

and did see the within Indenture and a duplicate thereof duly 

Signed , Sealed and executed by Alexander Sovereen and Elizabeth 

Sovereen his wife two of the parties thereto -2- That the said 

Indenture and duplicate were executed at Simcoe aforesaid.

-3-  That I Know the said parties -4- That I am a subscribing 

witness to the said Indenture and duplicate 

Sworn before me at Simcoe            }

In the County of Norfolk this          } 

Fourteenth day of April A.D. 1877  } 

    (sgd)  Charles E. Barber              } G. B. Jackson 

A Commissioner &c 

The source citation for this land deed is:

Norfolk County (Ontario) Registrar of Deeds, #43454, mortgage indenture of Alexander Sovereen and Elizabeth Sovereen to Robert Thompson Livingstone, dated 14 April 1877, registered 14 April 1877;  imaged,   "Norfolk Land Records, 1876-1878," FamilySearch  (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSYS-M97Q-R?view=fullText : accessed 6 September 2024), pages 365-368, images 462-464 of 846; 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, and the dates of the indenture execution and recording. 

Alexander Sovereen (1814-1907) was born 22 November 1814 in Middleton township, Norfolk county, Ontario, the son of Frederick and Mary Jane (Hutchison) Sovereen.  He died 15 August 1907 in Windham township, Norfolk county, Ontario.  Alexander married Elizabeth Putman (1820-1895) on 3 March 1840 in Norfolk county, Ontario.  She was the daughter of John Pieterse and Sarah (Martin) Putman.  They had 14 children.

Alexander and Elizabeth (Putman) Sovereen are my 3rd great-grandparents.  I am descended through their daughter Mary Jane Sovereen (1840-1874), who married James Abraham Kemp (1831-1902) in 1861. 

Read other transcriptions of records of my ancestors at Amanuensis Monday Posts.

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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."

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