In the main body of the deed (pages 108-111):
This Indenture made in duplicate the Eighteenth
day of January 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 , and province of
Ontario , Farmer , hereinafter called the Mortgager of the
first part and Lemon Gibb Sovereen of the form of
Simcoe , in the County , and Province aforesaid , Merchant ,
hereinafter called the Mortgagee , of the second part :
Witnesseth that in consideration of one thousand
one hundred and Thirty one 40/100 Dollars of
lawful
money of Canada now paid by the said mortgagee
to the said Mortgagor ( the
receipt whereof is hereby
acknowledged ) the said Mortgager doth Grant and
Mortgage
unto the said Mortgagee , his heirs and assigns forever.
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 Ontario , being composed of
Firstly
- a Westerly part of Lot number Twenty one .
and the North Westerly part of the South
half of Lot
number Twenty two , both in the Eleventh Concession
of said Township of
Windham , said two last mentioned
parcels of land containing in all Seventy one and
one half acres
of land more or less ; and which said last mentioned parcels of land
are
collectively bounded as follows , that is to say : Commencing on the
limit between said
lots numbers Twenty one and Twenty two
at the South West angle of the North fifty
acres of said lot number
Twenty one : Thence South fifteen degrees and forty minutes
East ,
sixteen chains and eighty five links more or less to the limit between
the North
and South halves of said lot number Twenty two
South seventy eight degrees thirty
minutes West , Twenty nine chains
and eighty links more or less to the limit between
lots numbers
Twenty two and twenty three : Thence South fifteen degrees and forty
minutes East , Twenty two chains and ninety shill links more or
less to the North West
angle of land conveyed by the late Frederick
Sovereign to W L Sovereign , as
Registered in Memonal number 10065 .
in the Registry office for the County of Norfolk .
Thence North fifteen
degrees forty minutes West forty seven and one half links to the
North West angle of land conveyed by the late Frederick Sovereign , as
as registered in Memorial number 14505 , in the Registry office for
the County of Norfolk . Thence North
seventy eight degrees thirty minutes
east fourteen chains more or less to the Easterly
side of the main
road leading to the Village of Scotland ; Thence bounding thereon
North sixty degrees East , Thirty seven chains and seventy seven
links more or less to
the Southerly limit of said fifty acres of
said lot number Twenty one ; and thence South
seventy eight
degrees & thirty minutes West eleven chains and seventy links
more or
less to the place of beginning , and
Secondly - being composed of active part of Lot
number
Twenty one in said Eleventh concession ; which 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
said lot number Twenty one ; Thence
bounding on the Southerly limit of said ward ,
South about
seven degrees , seventeen chains and seven links to a stone
set : Thence
parallel to the said main road , about seven degrees
East , seventeen chains and seven
links to a stake set in the
Southern line of said fifty acres : and thence South seventy
eight degrees and thirty minutes West eleven chains thirty
four links to the place of
beginning , containing Eighteen
and one half acres of land more or less .
To Have and To
Hold the same with the appurtenances
unto and to the use of the said Mortgagee , his
heirs and
assigns forever subject to the proviso for redemption thereof
hereinafter
contained .
Provided this Mortgage to be void on payment of one
Thousand one
hundred and Thirty one 40/100 Dollars of lawful
money of Canada , with interest at eight per cent as follows :
At the expiration of
three years from the date hereof with
interest at the rate aforesaid to become due and
payable
on the Eighteenth day of January in each year until the
said principal sum is
fully paid and satisfied : and
?????? , and performance of Statute labour.
The said
Mortgagor covenants with the said Mortgagee
that the Mortgagee will pay the Mortgager 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 incumbrances ;
and that the said Mortgager will execute
such further assurances
of the said lands as may be requisite . And that the said
Mortgager hath done no act to encumber the said lands ;
and that the said Mortgagor
will insure the buildings on
the said lands to the amount of not less than currency.
And the
said Mortgager 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 rate
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 Mortgagee covenants with the Mortgager
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 optine of the Mortgagee , by
publishing the same for four
successive time in some Newspaper published in the
County of Norfolk ,
Proviso, that the purchaser shall in no case be bound to
ascertain
that the default has happened under which the
Mortgagee claims to lease or sell ; and
that the remedy of
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 instalment 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 debared
from asserting and executing his right to
call in the principal upon
the happening of any future default , provided that until
default of
payment the Mortgager shall have quiet possession of 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 , {L.S.}
G. W. Jackson }
County of
Norfolk } I George Jackson of the Town of
to wit } Simcoe , in the County of Norfolk .
Attorney
at Law , make oath and say
1 ~ That I was personally present and did see the
within Indenture
and a duplicate thereof duly signed , sealed and executed by
Alexander Severeen , one of the parties thereto :
2 ~ that the said Indenture and
duplicate were executed at
Simcoe aforesaid
3 ~ That I know the said party
4 ~ that I am a
subscribing witness to the said Indenture and duplicate
Sworn before me at Simcoe , in
the County of }
Norfolk this 19th day of January A.D. 1877 } (sgd) G.W. Jackson .
(Sgd) W.
Matheson }
The source citation for this land deed is:
Norfolk County (Ontario) Registrar of Deeds, #42629, mortgage indenture of Alexander Sovereen to Lemon Gibb Sovereen, dated 18 January 1877, registered 24 January 1877; imaged, "Norfolk Land Records, 1876-1878," FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSYS-M9Q8-W?view=fullText : accessed 6 September 2024), pages 108-111, images 333-334 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 deed number, the mortgagor and mortgagee, and the dates of the indenture execution and recording.
Alewxander 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.
Copyright (c) 2024, Randall J. Seaver
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