Cobourg and District Images

Indenture

Description
Media Type
Text
Item Type
Photographs
Description
Indenture
Source: Unknown
Acquired: January 2008
Date of Publication
1817
Subject(s)
Local identifier
Stafford-Family-08-01
Language of Item
English
Geographic Coverage
  • Ontario, Canada
    Latitude: 44.08342 Longitude: -78.04951
Copyright Statement
Copyright status unknown. Responsibility for determining the copyright status and any use rests exclusively with the user.
Contact
Cobourg Public Library
Email:info@cobourg.library.on.ca
Website:
Agency street/mail address:

200 Ontario Street, Cobourg, ON K9A 5P4

Full Text
Hald—D-704

1817
Mortgage
David Stafford
To
Allan Maclean
33 Broken front
Haldimand


I do hereby certify that a memorial of the within Indentures of mortgage is Requested in the Register’s office for the County of Northumberland the twenty third day of December in the year of our Lord one Thousand Eight hundred and nineteen at one o’clock afternoon Lib: D. folio memorial No. 704


[?]


This Indenture made and concluded the nineteenth day of July in the year of our Lord one thousand eight hundred and seventeen between David Stafford of the Township of Haldimand in the District of New Castle and Province of Upper Canada yeoman of the one part and Allan MacLean of the Town of Kingston in the Midland District and province of onesaid Esquire of the other part [?], Whereas the said David Stafford by his bond or obligation duly executed bearing date the nineteenth day of July in the year of our Lord one thousand eight Hundred and Seventeen Stands bound unto the said Allan MacLean his heirs executors administrators and aligns[?] in the sum of three hundred and fifty pounds of Lawful money of the Province of Upper Canada with a condition thereunder written for the payment of one hundred and seventy five pounds two shillings and two pence of Lawful money of the Province of Upper Canada with Lawful interest for the same from the Seventeenth day of July now Last past in manner job-Coroing[?] namely Eighty Seven pounds Eleven—Shillings and one penny of Lawful money of the province of Upper Canada with Lawful interest for the same from the Seventeenth day of July now cast past on or before the Seventeenth day of July in the year of our Lord one thousand Eight Hundred and eighteen and Eighty Seven pounds Eleven Shillings and one penny of Lawful money of the Province of Upper Canada with Lawful interest for the same on or before the Seventeenth day of July in the year of our Lord one thousand eight hundred and nineteen the said sum of one hundred and seventy five pounds two Shillings and two pence of Lawful money of the Province of Upper Canada with the interest thereon shall be in such manner fully contented and paid as by the said bond and condition—afference [?] being thereunto had will more fully appear in Now this Indenture withforth that the said David Stafford for out in consideration of the said debt or sum of one hundred and Seventy five pounds two Shillings and two pence of Lawful money of the Province of Upper Canada owing to the said Allan MacLean as aforesaid and for the bettr[?] securing the payment thereof with the interest both said Allan MacLean his executors administrators and assigns[?] according to the condition of the said bond and also for the further consideration of five shillings of Lawful money of the Province of Upper Canada to him the said David Stafford in hand paid by the said Allan MacLean at or before the sealing and delivery of these presents the receipt and payment thereof the said David Stafford doth hereby acknowledge hath granted bargained sold achieved [?] released[?] and confirmed and by these presents doth grant bargain of all alien[?] release and confirm unto the said Allan MacLean his heirs and assigns forever all that certain tract or parcel of Land situated in the Township of Haldimand in the County of Northumberland in the District of Newcastle and Province of Upper Canada containing by admeasurement[?] two hundred acres be the Same more or less being Lot number thirty three in the Basher[?] front or front concession of the Township of Haldimand aforesaid which said two Hundred acres of Lan are bitted [?] and bounded or may be otherwise known as follows that is to say commencing at the south east angle of Lot number thirty three on Lake Ontario then North Sixteen Degrees West one Hundred Chains more or less to the allowance for road in front of the first concession thence South Seventy four Degrees west twenty chains more or Less to the Limit between Lots number thirty three and thirty four thence South Sixteen degrees East to Lake Ontario then north easterly along the Shore of the said Lake Ontario forty chains more or less to the place of beginning together with all woos maps[?] waters and watercourses thereon lying and being with all and singular the heredetainments[?] improvements and appurtenances that belonging or in any wise [?] appertaining and the aversion[?] and aversions remained and remainders reuts[?] offices and profits thereof and all the Estate might title property interest Claim and demand whatsoever of him the said David Stafford in to or our of the said ménage[?] or terminate certain tract or parcel of Land out premises and every tract and parcel thereof. To have and to hold the said Lender Hereditament[?], and all and sovereign the premises hereby grantedbeing aimed and sold and every part and parcel thereof with their and every of their appurtenances unto the said Allan MacLean his heirs and assigns forever. Provided always nevertheless and it is the same intent and meaning of these presents and of these parties hereunto that if the said David Stafford his heir executors administrators and assigns do well and truly pay or came to be paid to the said Allan MacLean his heirs or assigns the full sum of one thousand and seventy five pounds five Shillings and two pence of Lawful money of the Province of Upper Canada with Lawful interest thereupon[?] according to the condition of the above in part recited Bond or obligation then and from thence for all[?] these presents and may [?] matter and thing herein contained shall cease and be utterly null and void any thing herein contained to the contrary thereof in any wise notwithstanding. And the said David Stafford for himself his heirs his executors administrators and assigns doth covenant promise grant and agree to and with the said Allan MacLean his Executors administrators and assigns in manner following that is to say that he the said David Stafford his heirs executors administrators and assigns or some of them shall and will well and truly pay or cause to be paid unto the said Allan MacLean his Executors administrators and assigns the said Sum of one hundred and seventy five pounds two Shillings and two pence of Lawful money of the Province of Upper Canada with the interest thereon according to the condition of the aforesaid bond or obligation without any deduction deflation or abatement whatsoever and that the said granted and released Premises now are and be at all time from and after default shall happen to be made of or in payment of the said sum of one hundred and seventy five pounds two Shillings and two pence of Lawful money of the Province of Upper Canada with Lawful interest thereon according to the condition of the said Bond or obligation or of any part thereof shall forever be remain and continue free and clear and freely and clearly acquitted and discharged of and from all manner of former and other Gifts Grants bargains Sales mortgages Judgments and incumbrances whatsoever heretofore made committed done or suffered by him the said David Stafford; and that the said Allan MacLean his heirs and assigns shall and may from time to time and at time after default if any shall happen to be made in payment of the sum of One Hundred and Seventy five pounds two Shillings and two pence aforesaid or the Interest or any part thereof according to the Condition of the aforesaid Bond, peaceably and quietly enter into have hold occupy prosper and enjoy all and Singular the said Mepuage[?] or tenement contain[?] tract or parcel of Land and premises and every part and parcel thereof without the Let suit the hindrance interruption or denial of him the said David Stafford his heirs executors administrators and assigns or any of them or of any other person or persons whatsoever Lawfully Claiming or to Claim by pomo[?] under him them or any of them: and farther that for the said David Stafford his heirs executors administrators or assigns and all and every other person or persons Lawfully Claiming any State right title property or interest of in or to the said hereby granted bargained and sold premises or of any part thereof shall and will at any time or times after default if any shall happen to be made as payment of the said sum of one hundred and seventy five pounds two Shilling and two pence of Lawful money of the Province of Upper Canada with Lawful interest thereon according to the Condition of the aforesaid Bond contract any part thereof Contrary to the said promise[?] make do acknowledge leoy[?] suffer and Execute all such further act or acts thing or things matters or devises and assurances in the Law whatsoever for the further and Better conveying and securing of all and regulate[?] the said promise with the Reconcilements improvements and appurtenances thereto belonging or in any case appertaining unto him the said Allan MacLean his heirs and assigns be the only proper use and belong[?] of him the said Allan MacLean his heirs and assigns never freed and discharged of and from the proviso and conditions herein before on the C. [?] they contained and of and from all equity or redemption by virtue or colony[?] thereof according to the law intent or meaning of these presents as by the said Allan MacLean his heirs or assigns or his or their Counsel harmed[?] in the Law shall be reasonable advised devised or acquired. And Lastly it is covenanted and agreed upon by and between both the said parties and it is hereby directed to be the sure intent and meaning of these presents and of the parties hereunto that until default shall be happen to be made in payment of the said sum of one thousand and seventy five pounds two Shillings and two pence of Lawful money of the Province of Upper Canada with Lawful interest on the same from the Seventeenth day of July now last past at the day and times herein before limited for the Payment thereof it shall and may be Lawful to and for the said David Stafford his heirs executors administrators assigns peaceably and quietly to have hold or possess and enjoy all and Singular the said presents Granted bargained and Sold and every part thereof with the rights members and appurtenances and to have receive and take the rents issues and profits thereof. Any thing herein contained to the contrary thereof in any wise Notwithstanding.—In [?] thereof the parties to these presents have hence hereunto set their hands and seals the day and year first above written at Kingston in Upper Canada. – his

Sealed and DeliveredDavid X Stafford
In presence ofMonk

Benjamin Fernfrid[?]
William Joseph Robins

Allan MacLean

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