Amanuensis Monday -- 1892 Mortgage Indenture of James A. and Melissa Kemp to John Wyatt for Land in Delhi Village, Norfolk County, Ontario

 This week's document for transcription is the 1892 mortgage indenture of  James A. and Melissa Kemp to John Wyatt for land in Delhi Village, Norfolk County, Ontario:

*  Courtland Land Records 1891-1895 | pages 340-341, image 331 of 865:

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 340:

DEED
Kemp et ux

To

Wyatt

Entered and Registered

at 2:32 o'clock,

19'th day of November

A.D. 1892 

1570

A.J. Donly, 

           Registrar.

In the main body of the deed (pages 340-341):

  

No 79094 

                                                 This Indenture 

made ( in duplicate ) the fifteenth day of November in 

the year of our Lord one thousand eight hundred and 

ninety-two , in pursuance of the Act respecting short 

forms of Mortgages ; Between James A. Kemp of the 

Village of Delhi in the County of Norfolk in the Province of 

Ontario Carpenter hereinafter called the Mortgagor of the 

first part, Melissa Kemp wife of the party of the first 

part of the second part and John Wyatt of the Village 

of Otterville in the County of Oxford and Province of 

Ontario Merchant hereinafter called the Mortgagee 

of the third part.

            Witnesseth that in consideration of the sum 

of four hundred and fifty dollars of lawful money 

of Canada now paid by the said Mortgagee to the 

said Mortgagor , ( the receipt whereof is hereby acknow-

ledged ) the said Mortgager doth grant and Mortgage 

unto the said Mortgagee his heirs and assigns forever 

              All and singular that certain parcel or tract 

of land and premises situate lying and being in the 

Village of Delhi in the Township of Middleton in the 

County of Norfolk and Province of Ontario and being 

composed of Village lot number two on the North side 

of King Street and on the East side of Main Street 

in the said Village of Delhi.

              Provided this mortgage to be void on pay-

ment of four hundred and fifty dollars of lawful 

money of Canada with interest yearly at six and one 

half per cent per annum as follows : the principal to 

become due in five years from the date of this 

indenture , the interest to become due and payable 

yearly on the fifteenth day of November each year

 the first payment of interest to become due and 

payable on the fifteenth day of November A.D. 1893 

and taxes and performance of statute labor . 

              The said Mortgagor covenant with the said Mort-

gagee that the Mortgagor will pay the mortgage money 

and interest and observe the above proviso. 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 said 

Mortgagee. And that on default the Mortgagee shall have 

quiet possession of the said lands free from all incumbrances.

And that the said Mortgagor will execute such further assur-

ances of the said lands as may be requisite . And that the 

said Mortgagor has done no act to incumber the said lands.

And that the said Mortgagor will insure the buildings 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 above proviso. Provided 

that the said Mortgagee on default of payment for one 

month may on written notice enter on and lease

orsell the said lands. Provided that the Mortgagee may 

distrain for arrears at interest. Provided that in default 

of the payment of the interest hereby served the prin-

cipal hereby secured shall become payable. 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 said lands.

                 In witness whereof the said parties hereto have 

hereunto set their hands and seals.

Signed sealed and delivered in the      }  Sd ) James A. Kemp   {ls}

presence of ( Sd ) Mabel A. Darling  } ( Sd ) M'rs Melissa Kemp  {ls}

County of Oxford   } I Mabel Almira Darling of the Village of 

To wit :                   } Otterville in the County of Oxford Clerk 

make oath and say: 1. That I was personally present and did 

see the within instrument and duplicate thereof duly 

signed sealed and executed by James A. Kemp and Melissa 

Kemp two of the parties thereto. 2. That the said instru

ment and duplicate were executed at Otterville. 3. That 

I know the said parties. 4 That I am a subscribing 

witness to the said instrument and duplicate. 

Sworn before me at Otterville  }

in the County of Oxford           }

this 18th day of November      }   (Sd)  Mabel A. Darling

in the year of an Lord 1892.    } 

( Sd ) Robert Paxton    

         A Notary Public for Onto

 

The source citation for this land deed is:

Norfolk County (Ontario) Registrar of Deeds, #79094, mortgage indenture of  James A. Kemp and Melissa Kemp to John Wyatt, dated 15 November 1892, registered 19 November 1892;  imaged,   "Courtland Land Records, 1891-1895," FamilySearch  (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSYS-96MJ?view=fullText : accessed 30 August 2024), pages 340-341, image 331 of 865; 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. 

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.

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

=========================================

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."

The URL for this post is:  https://www.geneamusings.com/2024/12/amanuensis-monday-1892-mortgage.html

Copyright (c) 2024, Randall J. Seaver

Please comment on this post on the website by clicking the URL above and then the "Comments" link at the bottom of each post. Share your comments on Twitter, Facebook, or Pinterest using the icons below. Or contact me by email at randy.seaver@gmail.com.  Note that all comments are moderated, and may not appear online immediately.

Subscribe to receive a free daily email from Genea-Musings using www.Blogtrottr.com.