Monday, January 13, 2025

Amanuensis Monday -- 1885 Mortgage Indenture of Alexander and Elizabeth Sovereen for Land in Norfolk County, Ontario

This week's document for transcription is the 1885 mortgage indenture between Alexander and Elizabeth Sovereen and The Hamilton Provident and Loan Society concerning land in Windham Township, Norfolk County, Ontario:

*  Norfolk Land Records 1884-1886, 1886-1887 | pages 64-65, image 348 of 851:

*  Norfolk Land Records 1884-1886, 1886-1887 | pages 66-67, image 349 of 851:

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 65:

Mortgage
Sovereen at ux                 }
      to                                 } 
Ham. Prov. & Loan Socy}
No. 62,623
Entered and 
Registered, this
3'rd day of 
February
AD 1885, 
at 45 minutes
past 10 o'clock
A.M. 
AJ Donly
     Registrar

In the main body of the mortgage indenture (pages 65-68):

  No. 62623

This Indenture , made ( in duplicate) the second day of February 
one thousand eight hundred and eighty five , In pursuance of the 
Act respecting Short forms of Mortgages : Between Alexander 
Sovereen of the Township of Windham in the County of Norfolk 
Yeoman , hereinafter called the Mortgagor , and Elizabeth Sovereen
his wife of the first part ; and the Hamilton Provident and 
Loan Society " herein called the Society , of the second part ; 
                  Witnesseth , that in consideration of Three Thousand 
seven hundred Dollars of lawful money of Canada , now 
paid by the Society to the Mortgagor ( the receipt whereof 
is hereby acknowledged ) the Mortgagor doth grant and 
Mortgage unto the said The Hamilton Provident and Loan
Society , and their designs , forever : 
                  All and Singular those certain parcels or tracts
of land and premises , situate , lying and being in the Township 
of Windham and County of Norfolk aforesaid containing 
by admeasurement one hundred and thirty seven acres 
be the same more or less , and being composed of (firstly)
of the Southerly and West Northwesterly part of the 
South half of lot number twenty two in the Eleventh 
concession of the said Township of Windham , containing 
seventy six acres and twenty three perches of land more 
or less as also of a central and westerly part of lot 
number twenty one in said Eleventh concession of 
said Township of Windham , containing by admeasure-
ment thirty one acres and eleven perches of land more 
or less which several mentioned parcels of land are 
collectively bounded as follows , that is to say : Commencing 
on the allowance for road in rear of said Eleventh 
concession at a stone set twelve chains and twenty 
links Easterly from the South west angle of said 
Lot number twenty two ; thence North fifteen degrees 
and forty minutes west , ten chains and seventy seven 
and a half links to a stone planted ; thence South , seventy 
eight degrees and thirty minutes west twelve chains 
and twenty links to the westerly limit of said Lot ; thence 
North , fifteen degrees and forty minutes west , twenty 
two chains ninety two and a half links more or less 
to the limit between the North and South halves of 
said lot number twenty two ; thence North , seventy
eight degrees and thirty minutes east , twenty nine 
chams and eighty links more or less to the Easterly 
limit of said Lot ; thence North , fifteen degrees and forty 
minutes west , fifteen chains and twenty links more or
less to the south west angle of the North fifty acres of 
said lot number twenty one ; thence North , seventy eight 
degrees and thirty minutes East twenty three chains and 

fifty links more or less to the North East Angle of Eighteen 
and a half acres of land , devised by the late Frederick 
Sovereen to the said Alexander Sovereen ; thence South , 
seventy degrees west , seventeen chains and seven links 
to a stone set ; thence south seventy eight degrees and 
thirty minutes west , twelve chains and fourteen links 
more or less to the westerly limit of the established road 
crossing the said Lot ; thence bounding thereon south 
about seven degrees west , to the distance more or less 
to the allowance for road in rear of said concession 
and thence bounding thereon south seventy eight degrees 
and thirty minutes west nine chains and thirty seven 
links more or less to the place of beginning ; excepting 
from said parcels of land the school site of half 
an acre as Registered in No 7413 . ( Secondly ) being 
composed of the west thirty acres of the North half 
of lot number twenty in the twelfth concession of 
said Township of Windham , and the said Elizabeth 
Sovereen wife of the said Mortgagor , hereby bars
dower in the said lands . 
                      Provided this Mortgage to be void on payment 
at the Society 's Head Office , in the City of Hamilton , Ontario
of three thousand seven hundred Dollars of lawful 
money of Canada , in Gold ^coin^ if demanded ) with interest at seven 
& a half per cent per annum , payable yearly , and compound 
interest as follows : The said principal sum to be paid as 
follows : namely the whole sum then outstanding to 
become due and payable on the first day of February 
1892 repaying in the mean time one hundred Dollars 
yearly on account of principal with each payment 
of interest , with interest on all unpaid principal in the 
mean time , calculated from the date hereof , at the rate 
aforesaid , payable yearly on each first day of February
till the whole principal money and interest are paid , 
The first of such payments of interest amounting to 
$277.50 , to be paid on the first day of February A.D. 
1886 ; Together with interest at the rate aforesaid , on 
any portion of the money hereby secured in 
arrear , from the date of default in payment until 
all such arrears are paid , said interest to be payable 
with such arrears , and taxes and performance of 
Statute Labor . Provided that in default of the pay-
ment of any portion of the money hereby secured , 
the whole principal and interest hereby secured 
shall immediately become payable , the Mortgagor 
covenants with the society that the Mortgagor 
will pay the Mortgage money and interest , and 

observe the above provisoes , And the Mortgagor hath a 
good title in fee simple to the ded ands ; and that he hath 
the right to convey the said lands to the society ; and that on 
default , the said Society shall have it possession of the 
said lands , free from all incumbrances ; and that the Mortga-
gor will execute such further assurances of the said lands 
as may be requisite ; and that the Mortgagor hath done no 
act to encumber the said lands , and that the Mortgagor 
will excecute such further assurances of the said lands 
as may be requisite ; and that the Mortgagor hath done no 
act to encumber the said lands , and that the Mortgagor 
will insure the building on the said and to the amount 
of not less than one thousand dollars ; and that the 
Mortgagor doth release to the Society all his claims 
upon the said lands , subject to the said proviso ;
Provided that the Society on default of payment may , 
without any notice , immediately enter upon and 
lease or sell the said lands for Cash or Credit ; Provided that 
the Society may distrain for arrears of interest the 
Mortgagor agrees that neither the excecution nor 
registration of this Mortgage shall bind the Society 
to advance the moneys.  And it is hereby declared that in 
case the society satifies any charge on the lands , the 
amount paid shall be payable forthwith with interest , 
and in default the Power of Sale hereby given shall be 
excercisable , and in the event of the moneys hereby advanced , 
or any part thereof , being applied to the payment of any 
charge or incumbrance , the Society shall stand in the 
position , and be entitled to all the equities of the 
person or persons so paid off ;
                  In witness whereof the said parties have hereunto set 
their Hands and Seals 
Signed , Sealed and delivered                    }
In the presence of                                       }  sgd. A. Sovereen              {LS}
(having been first read our and explained )} 
sgd. John H. Ferguson , Name                 } sgd. Elizabeth Sovereen  {LS}
Delhi Residence .                                        }
 Insurance Agent  Occupation                    }

Canada , Province       }   I , John H Ferguson of the Village of 
of Ontario , County     }   Delhi in the County of Norfolk 
of Norfolk ,                 }  Insurance Agent , make oath and say 
To Wit:                        } That I know the within named Alexander 
Sovereen and Elizabeth Sovereen and saw them excecute the within 
Mortgage and duplicate at the Township of Windham in the 
County of Norfolk and that I am a subscribing witness 
to such excecution.

Sworn before me at the Village of Delhi in }
the County of Norfolk , this Second            }
day of February 1885 .                                } sgd. John H. Ferguson
(sgd.) W. A. Ferguson                                 }
a commissioner in B. R. H.                         }

The source citation for this land deed is:

Norfolk County (Ontario) Registrar of Deeds, #62,623, mortgage indenture of Alexander Sovereen and Elizabeth Sovereen to Hamilton Provident & Loan Society, dated 2 February 1885, registered 3 February 1885;  imaged, "Norfolk Land Records, 1884-1886, 1886-1887," FamilySearch  (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSYS-S7W5-G?view=fullText : accessed 6 September 2024), pages 65-68, images 348-350 of 851; 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 notice of mortgage indenture) with Primary Information and Direct Evidence of the names of the mortgagor and mortgagee, the land involved, and the dates of the indenture 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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