Monday, February 3, 2025

Amanuensis Monday -- 1893 Mortgage Indenture of Alexander and Elizabeth Sovereen to Dent Dalton for Land in Norfolk County, Ontario

 This week's document for transcription is the 1893 mortgage indenture between Alexander and Elizabeth Sovereen and Dent Dalton concerning land in Windham Township, Norfolk County, Ontario:

*  Norfolk Land Records 1892-1894 | pages 514-515, image 285 of 483:

*  Norfolk Land Records 1892-1894 | pages 516-517, image 286 of 483:

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 514:

MORTGAGE
Sovereen at ux          }
      to                          } 
    Dalton                     }
Entered and Registered, 
at 11.46 o'clock,
7th day of  July
AD 1893.
2094
AJ Donly, 
Registrar

In the main body of the mortgage indenture (pages 514-516):

[page 514]

  No. 80423

                               This Indenture made in du-
plicate the sixteenth day of June one thousand eight him-
 dred and ninety - three in pursuance of the act respecting
Short Forms of Mortgages : 
                     Between Alexander Sovereen of the Town-
ship of Windham in the County of Norfolk and Province 
of Ontario Farmer hereinafter called the Mortgagor of 
the first part Elizabeth Sovereen of the same place the 
wife of the said Alexander Soverie of the second 
part and Dent Dalton of the Township of Windham in
the said County of Norfolk Farmer hereinafter called 
the Mortgagee of the third part.
                  Witnesseth that in consideration of the sum of 
one thousand dollars of lawful money of Canada now 
paid by the said Mortgagee to the said Mortgagor ( the 
receipt whereof is hereby acknowledged ) he the said Mortgagor 

[page 515] 

doth Grant and Mortgage unto the said Mortgagee his heirs ,
 executors , administrators and assigns for ever . 
                 All and Singular those certain parcels or tracts 
of land and premises situate , lying and being in the Township 
of Windham in the County of Norfolk and Province of On-
tario containing collectively by admeasurement forty eight 
and one half acres of land be the same more or less and 
being composed Firstly of the West Thirty acres of the North 
Half of Lot Number Twenty in the Twelfth concession of 
the said Township of Windham and being composed secondly of 
a central part of Lot Number Twenty one in the Eleventh
Concession of the said Township of Windham which last-
mentioned parcel of land is bounded as follows that is to say 
Commencing at a stone set in the easterly limit of the
main road leading to the Village of Scotland and in the 
Southerly limit of the North fifty acres of the said Lot number 
Twenty one thence bounding on the Southerly limit of said 
road south about seven degrees West seventeen chains and 
seven links to a stone set thence North seventy eight degrees 
and thirty minutes east eleven chains and thirty four 
links thence parallel to the said main road about North seven 
degrees east seventeen chains and seven links to a stake 
set in the Southern limit of said fifty acres and thence 
south seventy eight degrees and thirty minutes west 
eleven chains thirty four links to the place of beginning ,
said last mentioned parcel of land containing by ad-
measurement eighteen and one half acres of land more 
or less .
                    Provided this mortgage to be void on payment of the 
sum of one thousand dollars of lawful money of Canada 
with interest thereon at seven per cent per annum as follows .
The said principal sum of one thousand dollars is to become 
due and payable at the expiration of five years from the 
date of this Indenture with interest at the rate aforesaid 
payable in the meantime annually and interest at the 
same rate on any principal or interest money which shall 
at any time be overdue and in arrears with the privilege 
to the Mortgagor of paying the whole of the said principal 
money at the expiration of the second of said five years ,
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 said 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

[page 516]

to the said Mortgagee And that on default the Mortgagee 
shall have quiet possession of the said lands free from all en
cumbrances . And that the said Mortgagor will execute such 
further assurances of the said lands as may be requisite . 
And that the said Mortgagor has done no act to encumber 
the said lands . And the said Mortgagor doth release to the 
said Mortgagee all his claims upon the said lands subject
 to the said proviso . 
                 Provided that the said Mortgagee on default of 
payment for two months may on giving one months notice
enter on and lease or sell the said lands . Provided that 
the Mortgagee may distrain for arrears of interest Provided 
that in default of the payment of the interest hereby secured
the principal hereby secured shall become payable . Provided 
that until default of payment the Mortgagor shall have 
quiet possession of the said lands . 
                  And the said Elizabeth Sovereen the wife of 
the said Mortgagor , 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  } sgd.   A. Sovereen    [Seal]
in the presence of                    }, sgd.  Elizabeth Sovereen   [Seal]
      sgd. W. R. Kent                }

County of Norfolk } I , William R. Kent of the Village 
                to wit      } of Delhi in the County of Norfolk , 
Agent 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 Alexander 
Sovereen and Elizabeth Sovereen two of the parties thereto 
2 . That the said Instrument and duplicate were executed 
at the Village of Delhi in the County of Norfolk by the 
said parties ^3. That I know the said parties.^ 4. That I am a  subscribing witness to the 
said Instrument and Duplicate . 
Sworn before me at the Village of       }
Delhi in the County of Norfolk this     } sgd. W. R. Kent . 
twenty eighth day of June in the year }
of our Lord 1893
     sgd.  James Whitside 
A Commissioner for taking affidavits in H. C. J. D. etc.

The source citation for this land deed is:

Norfolk County (Ontario) Registrar of Deeds, #80,423, mortgage indenture of Alexander Sovereen and Elizabeth Sovereen to Dent Dalton, dated 28 June 1893, registered 7 July 1893;  imaged, "Norfolk Land Records, 1892-1894," FamilySearch  (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSYS-3QCQ-N?view=fullText : accessed 6 September 2024), pages 514-516, images 285-286 of 483; 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 names of the mortgagor and mortgagee, the land involved, 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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