Name/Title
Indenture to facilitate conveyance of propertyEntry/Object ID
2013.57.119Scope and Content
Mortgage contract between James Headrick, the elder of Pakenham and John Baird of Ramsay. Document is written in black ink on white paper.
The following is a transcription of the document:
This Indenture, made the day of
The year of our Lord one thousand eight hundred and forty eight, in pursuance of the Act to facilitate the conveyance of Real Property between James Headrick The Elder of the Township of Packenham in the County of Renfrew in the District of Bathurst, and Province of Canada, Yeoman of the one first: and John Baird of the Township of Ramsay in the County of Lanark, in the District and Province aforesaid, Esquire, of the other part
Whereas the said James Headrick The Elder by his Bond or Obligation bearing even date herewith, stands bound to the said John Baird in the final sum of one hundred and fifty pounds of lawful money of Canada, to be paid to the said John Baird or his certain Attorney, Executors, Administrators, or Assigns, with a condition thereunder written for the payment of Sixty pounds four shillings and Eleven pence by the same James Headrick the Elder, his Heirs, Executors, or Administrators, unto the said John Baird his Heirs, Executors, Administrators or Assigns, in manner and at the times following, that is today, the sum of thirty one pounds and sixteen shillings parcel thereof on the [the edge of the page is damaged making some words unreadable] which will be in the year of our Lord one thousand eight hundred and [the space is left blank] And therefore this sum of twenty eight [the edge of the page is damaged here] eight shillings and eleven pence (residue thereof) on the [the word “day has been crossed out] [the rest of the line is missing] of which will be in the year of our Lord one thousand eight hundred and , without any deduction or abatement whatsoever according to the purport, time intent and meaning of the Indenture of Mortgage, then the said obligation should be void:
Now this Indenture witnesseth that the said James Headrick The Elder, in consideration of the said debt or sum of sixty pound, four shilling and eleven pence of lawful money of Canada aforesaid, and for the better seeming of the payment thereof, according to the condition of the said Bond, and also in consideration of the further sum of five shillings of lawful money of Canada, now paid by the said John Baird to the said James Headrick The Elder (The receipt whereof is hereby by him acknowledged) he the said James Headrick the Elder doth grant unto the said John Baird, his Heirs and Assigns forever, All and Singular that certain parcel or tract of land and premises, situate lying and being in the Township of in the County of in the District of Bathurst and Province aforesaid: being composed of the Front or West half of Lot number twenty six in the twelfth concession of the said Township of Packenham containing by admeasurement one hundred acres be the same more or less: to have and to hold the said Tract or Parcel of Land and premises, with the appurtenances hereby granted or intended to be so, to him the said John Baird, his Heirs and
[the following is written on the back of the document]
Assigns forever: Provided always, nevertheless, and it is the true intent and meaning of those present and of the parties hereunto, that of the said James Headrick The Elder, his Heirs, Executors or Administrators, do and shall well and truly pay, or cause to be paid, to the said John Baird, his Heirs, Executors, Administrators or Assigns, the said sum of sixty pounds four shillings and eleven pence of lawful money aforesaid, in the manner and at the times following that is to say, the sum of thirty one pounds and sixteen shillings channel[unknown spelling] hereof on the day of which will be in the year of our Lord one thousand eight hundred and And therefore the sum of twenty eight pounds eight shillings and seven pence (residue thereof) on the day of which will be in the year of our Lord one thousand eight hundred and without any deduction defalcation or abatement whatsoever, then and from thereforth, these present and every matter and thing herein contained shall cease and be utterly null and void, anything to the contrary herein contained notwithstanding Provided always and it is hereby agreed between the said parties to these presents, that if default shall happen to be made in payment of the said sum of sixty pounds four shillings and eleven pence as aforesaid, or any part thereof at the times appointed for the payment thereof as aforesaid, then it shall be lawful for the said John Baird his Heirs or Assigns its [the next several words have become faded beyond recognition] default as aforesaid, or at any time or times thereafter hither forthwith, to foreclose the equity of redemption of the said James Headrick The Elder, of or in the said premises, without any hinderance, molestation or opposition to be made therein by the said James Headrick The Elder, his Heirs or Assigns; or at the election of him the said John Baird his Heirs or Assigns to make sale and absolutely dispose of all and singular the said tract or parcel of land and premises, or any tract thereof, either together or in separate parcels, by private auction or sale as aforesaid, and at and for such price prices, sum or sums of money as he or they shall judge sufficient, and at such sale or sales, to buy in the same, or any part thereof and resell the same without being answerable for any loss thereby to be sustained, and to convey and assire [spelling uncertain] all and singular the premises so sold to and to the use of the person or persons purchasing the same, his, her or their Heirs, appointees or assigns forever freed and absolutely discharged from all equity and right of redemption whatsoever, of or by the him the said James Headrick The Elder, his Heirs or Assigns or any other person or persons. And it is further agreed that after such sale or sales respectively are made and perfected, the monies arising from such sale or sales after deducting the costs and expenses attending such sale or sales and conveyances, shall be applied to the full payment of the said sum of sixty pounds four shillings and eleven pence and the overplus if any shall be paid to the said James Headrick The Elder, his Heirs, Executors or Administrators: and further that after such full payment as aforesaid, the said John Baird his Heirs or Assigns shall and will at the request, and at the costs and charges of the said James Headrick The Elder his Heirs or assigns, revise and release, assign and convey by Deed without covenants all such parts of the said premises as shall not have been sold or disposed of for the purpose aforesaid, unto and to the use of him the said James Headrick The Elder, his Heirs, Appointees or assigns; And the said James Headrick The Elder, his Heirs Executors, and administrators do hereby covenant, promise and agree to and with the said John Baird his Heirs, Executors, Administrators and assigns in manner following that is today that he the said James Headrick The Elder, his Heirs Executors or Administrators or some or one of them shall and will well and truly pay or cause to be paid to the said John Baird his Heirs Executors, Administrators or assigns, the said sum of sixty pounds four shillings and eleven pence as aforesaid on or before the days and times hereinbefore limited for the payment thereof without any deduction defalcation or abatement whatsoever as aforesaid: And that he hath the right to convey the said Lands to the said John Baird, his Heirs and assigns, notwithstanding any act of him the said James Headrick The Elder and that the said John Baird, his Heirs, Executors, Administrators or assigns from time to time and at all times after default, if any should happen to be made in payment the said sum of sixty pounds four shillings and eleven pence shall [the rest of the line is too damaged to read] quiet possession of the said Lands. And further that the said James Headrick The Elder, at any time or times hereafter, after default, if any should happen [the rest of the line is too damaged to read] made, in payment of the said sum of sixty pounds four shillings and eleven pence or any part thereof, contrary to the promise and covenant hereinbefore in that behalf contained, will [word unknown] unto such further assurance of the said Lands as may be requisite.
And lastly this covenanted and agreed upon by and [“by and” has been added after in the space above the line] between the parties to these presents, and it is hereby declared to be the true intent and meaning hereof, that until default shall happen, or be made in payment of the said sum of sixty pounds four shillings and eleven pence as aforesaid, at the times hereinbefore limited for the payment thereof, it shall and may be lawful for the said James Headrick The Elder, his Heirs, Executors, Administrators or assigns, peaceably and quietly to have, hold, occupy, possess and enjoy all and singular the said premises above granted, with the appurtenances thereof and to have, reserve and take the rents, issues and profits thereof to his or their own use benefit and behoof anything herein contained to the contrary thereof notwithstanding. In Witness Whereof the said parties hereto have hereunto set their hands and seals
Signed, Sealed and delivered
In the presence of
Note: James Headrick's great-great granddaughter, Meghan Headrick, worked at the MVTM in 2020-2021!Collection
Rosamond Family CollectionCataloged By
Gervais, SarahLexicon
Nomenclature 4.0
Nomenclature Secondary Object Term
LetterNomenclature Primary Object Term
CorrespondenceNomenclature Sub-Class
Other DocumentsNomenclature Class
Documentary ObjectsNomenclature Category
Category 08: Communication ObjectsSearch Terms
Headrick, Renfrew, Headrick familyLocation
Location
Container
Box 5Shelf
Shelf 19Room
Collections RoomBuilding
M.V.T.M.Category
PermanentDate
November 7, 2023Location
Container
Box 2Shelf
Shelf 7, Shelf 7Room
Collections RoomBuilding
M.V.T.M.Category
PermanentMoved By
Whit, ElizabethDate
July 1, 2017Location
Container
Box 5Shelf
Shelf 19, Shelf 19Room
Collections RoomBuilding
M.V.T.M.Category
PermanentMoved By
Whit, ElizabethDate
July 1, 2017Relationships
Related Person or Organization
Person or Organization
Baird, JohnPerson or Organization
Headrick, JamesPerson or Organization
Headrick, MeghanRelated Entries
Notes
2013.57.01, 2013.57.120General Notes
Note
Notes: Note: James Headrick's great-great granddaughter, Meghan Headrick, worked at the MVTM in 2020-2021!
Status: OK
Status By: Cotter, Ellen
Status Date: 2022-02-08Created By
admin@catalogit.appCreate Date
June 7, 2015Updated By
admin@catalogit.appUpdate Date
November 12, 2023
