Name/Title
Mortgage from Smith Coleman and Sabra S. Coleman to Lawrence HalcroftEntry/Object ID
2013.57.17Scope and Content
Mortgage from Smith Coleman and Sabra S. Coleman to Lawrence Halcroft. It was for 4 pounds and four shillings. Signed by James Bell. It is two very large pages attached by a ribbon and a stamp. The top edge is scalloped.
Full Transcription of the Document Follows:
This indenture, made The fifteenth day of September, in the year of our Lord , One thousand eight hundred and fifty five, between Smith Coleman of the Village of Almonte in the Township of Ramsay in the county of Lanark and province of Canada, [Tanner], of the first part, Sabra Sophia Coleman of the same place, wife of the said party of the first part, of the second part; and Lawrence Halcroft, of the township of Beckwith In the county and province aforesaid, minister of the Baptist Denomination, of the third part Witnesseth that in consideration of the sum of of one hundred and forty pounds, of lawful money of Canada, to the said party of the first part this day lent, advanced and paid by the said party of the third part the receipt whereof , the said party of the first part doth hereby acknowledge and of and from the same doth hereby release this said party of the third part, his heirs, executors, administrators and assigns; he that said party of the first part hath granted, bargained sold, aliened, released, transferred, conveyed, assumed and confirmed and by these presents doth grant, bargain, sell, alien, release, transfer, convey assume; and confirm, unto the said party of the third part and to his heirs and assigns all those certain parcels and tracts of land and premises situate in the Township of Ramsay in the County of Lanark in the Province of Canada being composed of of a part of the East half of Lot number sixteen in the Ninth concession of the said Township of Ramsay commencing at the water’s edge, on the south side of the north branch of the Mississippi River and at the center one of three cedar trees standing together, a few feet above the upper falls and easterly of a small island in the channel of said branch of the river; Thence south three degrees thirty minutes west four chains fifty links; thence south seventy eight degrees fifteen minutes west six chains eighty links, more or less. To the [waters] in the bay at the foot of the island, thence following the winding and turning of the waters edge on a northerly course, with the stream, to the foot of the falls; thence on an easterly course, following the Twisting and turning of the edge of the river, against the stream to the place of beginning, and containing by admeasurement three acres be the same more or less;-------- Secondly commencing at the southeast angle of the above described three acres, thence south fourteen degrees east; one chain and seven links; thence south seventy=eight degrees fifteen minutes west seven chains and forty links more or less. To Mississippi River; thence following the bank of the river , with the stream, to the southerly limit of the said three acres; Thence north, seventy eight degrees fifteen minutes east six chains and eighty links more or less, to the place of beginning, and containing by admeasurement, seventy six thousand square links be the same more or less;---- Thirdly, the small island in the north branch of the Mississippi River, which is mentioned in the first described parcel of land and containing by admeasurement seven thousand square links be the same more or less;------ And Fourthly the small island or point which is formed into an island in the time high water which lies adjacent to the North west corner of the said three acres at the junction of the two branches of the river and containing by admeasurement eighteen thousand square links be more or less: Together with all houses, edifices, buildings, yards, gardens, orchards, ways, waters, water-courses, trees, wood, fences, liberties, privileges and appurtenances whatsoever to the said lands hereditaments and premises belonging or in anywise appertaining: and all remainders revisions, yearly and other rents, issues and profits, of and in the same lands, hereditaments and premises and all the estate, right, title, use, trust, property, possession, draw and demand whatsoever, of the said party of the first part, of in or to the same lands, hereditaments and premises: To have and to hold the said lands, tenements and all and singular other the premises hereby granted sold and released , or intended to be with the appurtenance, unto and to the use of the said party of the third part his heirs and assigns forever. Subject nevertheless to the reservations, limitations, povisoes, and conditions expressed in the original grant thereof from the [forum]: and this indenture further witnesseth that the said party of the second part with the privity and full approbation and consent of her said husband, testified by his being a party to these presents, in consideration of the premises and also in consideration of the further sum of five shillings of lawful money of the Province of Canada, aforesaid; to her by the said party of the third part in hand well and truly paid at or before the sealing and delivery of these presents, (the receipt whereof is hereby acknowledged), hath remised released and forever relinquished and quitted claim, and by these presents doth remise, release and forever relinquish and quit claim unto the said party of the third part his heirs, executors, administrators and assigns, all dower, and all right and title thereto, which she the said party of the second part now hath or in the event of her surviving her said husband, can or may or could or might hereafter in anywise have or claim whether as common law or otherwise howsoever, of, in, to, or out of the lands tenements, hereditaments and premises hereby conveyed or hereinbefore mentioned or intended so to be conveyed, with the appurtenances of, in, to, or out of any part thereof: Provided always, that if the said party of the fist part, his heirs, executors or administrators, do and shall pay unto the said party of the third part, his executors, administrators or assigns the full sum of one hundred and forty pounds of lawful money aforesaid with interest for the same, in manner and at the times following that is to say: The said sum of one hundred and forty pounds of lawful money aforesaid with interest for the same at the rate of six percent per annum, from the day of the date of these presents, on the fifteenth day of September which will be in the year of our Lord, One thousand eight hundred and fifty seven, without any default or abatement whatsoever, then these presents shall cease and be void, to all intents and purposes whatsoever: And the said party of the first part doth hereby for himself and his heirs, executors, and administrators, covenant promise and agrees, to and with the said party of the third part, his executors , administrators and assigns, that the said part of the first part, his heirs, executors or administrators, some or one of them, shall and will well and truly pay or cause to be paid, uto the said party of the third part, his executors, administrators and assigns, the said principal sum of one hundred and forty pounds, and interest, at the time, and in manner hereinbefore appointed, for payment thereof, without any deduction or abatement whatsoever, according to the true intent and meaning of these presents: And also that the said party of the first part , now hath in himself good right to grant, bargain, sell and convey the said lands, hereditaments and premises unto the said party of the third part, his heirs and assigns, according to the true intent and meaning of these presents: And further that it shall and may be lawful to and for the said party of the third part, his heirs and assigns after default shall be made in payment of the said sum of one hundred and forty pounds and interest, contrary to the promise hereinbefore contained peaceably to enter into and upon the said lands hereditaments and premises and to hold and enjoy the same, without any interruption or denial by the said party of he first part, or any other person whomsoever: And that free and clear of and from all estates, titles, troubles, liens, charges and incumbrances whatsoever: And moreover, that he the said party of the first part, and his heirs, and all persons whomsoever, claiming any estate or interest in the premises, shall and will, at all times hereafter, during the continuance of the said said sum of One hundred and Forty pounds and interest or any part thereof, on this security, upon every measurable request of the said party of the third part, his heirs, executors and administrators or assigns but at the costs and charges to the said party of the third part, his heirs, executors and administrators, make, execute, and perfect; all such further assurances and conveyances in the law whatsoever, for the further, better or more perfectly granting, conveying or otherwise assuring the said lands, hereditaments and premises unto and to the use of the said party of the third part his heirs and assigns, subject to the proviso aforesaid, or the equity thereof, and for the ends, intents and purposes, heirin expressed, of and concerning the same according to the true intent and meaning of these presents, as by the said party of the third part, his heirs, executors ad=ministrators or assigns, or any of their counsel learned in the law, shall be reasonably devised and required, and [tendened] to be made: And it is further declared and agreed by and between the parties to these presents, that if the said party fo the first part, his heirs, executors or administrators, shall not pay to the said party of the third part, his executors, administrators or assigns, the said sum of one hundred and forty pounds and interest, according to the true (intent ~ written in below)
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Intent and meaning of the proviso hereinbefore in that behalf contained in the said party of the third part, his executors, administrators, and assigns, shall after the time limited for such judgment has expired, have given to the said party of the first part, his heirs, executors or administrators or have left for him or them, at his or their last or most usual place of abode in this province, notice in writting, demanding payment of the said principle money and interest and one calendar month shall have elapsed from the delivery or leaving of such notice without such payment having been made (of which latter default in payment, as also of the continuance of the said principal money and interest, or some part thereof, on this security, the production of these presents shall be conclusive evidence, it shall and may be lawful to and for the said party of the third part, his heirs and assigns, without any further consent or concurrence of the said party of the first part, his heirs and assigns, to enter into possession of the said lands, hereditaments and premises and to receive and take the rents and profits thereof and whether in or out of possession of the same to make any lease or leases thereof as he or they shall think fit and also sell and absolutely dispose of the said lands, hereditaments, and premises with the appurtenances, in such way and manner, as to him or them shall seem meet, and to convey and assure the same when so sold unto the purchaser or purchasers thereof, his, her and their heirs and assigns or as he she or they shall direct and appoint: And it is hereby declared and agreed that the said party of the third part, his heirs, executors and administrators and assigns shall stand seized, and be possessed of the said lands, tene=ments and hereditaments, and of the rents and profits thereof, until sale, and after sale of the proceeds therefrom arising, upon trust in the first place. To deduct thereout all expenses which may be necessarily incurred in and attend the execution of the trusts and powers hereby created, together with interest for the same and after payment thereof do and shall retain and may unto and for himself or themselves the said principal sum of One Hundred and Forty Pounds or so much thereof as shall then remain unsatisfied and all interest then due, and in arrear in respect thereof and after such payment in trust to pay transfer the surplus (if any) of the said rents and profits or proceeds of the said sale into the said party of the first part his executors, administrators or assigns and also to re-convey and assure such part of the said lands, hereditaments and premises, as shall remain unsold, for any of the purpose aforesaid, unto the said party of the first part, his heirs and assigns or as he or they shall direct or appoint: And it is further declared and agreed that the receipts of the said party of the third part his heirs and assigns, shall be good and sufficient discharges for all monies therein expressed to have been received and that the person or persons paying any monies and taking such receipt, shall not afterwards be required to see to the application thereof nor be answerable or accountable for the misapplication or non application of the same; And the said party of the third part doth hereby for himself, his heirs, executors and administrators, covenant, promise and agree to and with the said party of the first part, his heirs and assigns, that no sale or notice of sale of the said lands hereditaments and premises shall be made or given or any lease made or any means taken for obtaining possession thereof, by the said party of the third part until such time one calendar months’ notice in writting, as aforesaid, shall have been given to the said parties of the first part, his heirs, executors, administrators or assigns or have been left at his or their past or most usual place of abode in this province, demanding payment of the principal and interest monies, which at the end of that time shall be due, and the said party of the first part, his heirs, executors, administrators and assigns shall have made default in payment of the same at that time: And also that he the said party of the third part, his heirs and assigns, shall and will at the expense of the said party of the first part, his heirs, executors, administrators and assigns at [damaged word] time before such sale or sales shall [ remaining characters on this line are damaged beyond recognition]
By the said party of the first part: his heirs, executors, or administrators, of the principal sum of One hundred and Forty Pounds, and interest which at the time of such [remaining characters on this line are damaged beyond recognition]
Upon or by virtue of this security with all costs as aforesaid re-convey and assure the said lands, hereditaments and premises or such parts thereof, as shall then remain unsold, with the appurtenances unto the said party of the first part, his heirs and assigns, or as he or they shall direct or appoint; free from all inumbrances, to be made or done by the said party of the third part, his heirs or assigns in the meantime: Provided always, that until default shall he made in payment of the said sum of One Hundred and Forty Pounds and interest after notice in writting, demanding payment of the same as hereinbefore provided, it shall be lawful for the sad party of the first part, his heirs and assigns, to hold, occupy and enjoy the said lands, hereditaments and premises with the appurtenances, without any molestation, hinderance, interruption or denial, of, from or by the said party of the third part, his heirs or assigns, or any person claiming by, from, through, under or in trust for him, them, or either of them: Provided lastly that he the said party of the third part, his heirs, executors, administrators and assigns, shall not be answerable or accountable for any more monies than he or they shall actually receive by virtue of these presents, or for any misfortune, loss or damage, which may happen to the said estate and premises, in the execution of the trusts aforesaid, save and except the same shall happen by or through his or their own willful neglect or default.
In Witness whereof, the parties to these presents have hereunto set their hands and seals, the day and year first above written, and in the nineteenth year of her majestys reign.
Signed, sealed and delivered in the presence of
R.Bell
A. nd., arthur
Smith Coleman
Sabra S Coleman
Lawrence Halcroft
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~ Reverse of page 2 beginning in the upper left, progressing to the upper right then to lower portion from left to right
I hereby certify that a Memorial of the within indenture of Mortgage was registered in the Register office of the County of Lanark on Monday the Tenth day of December in the year of Our Lord One Thousand Eight Hundred and fifty five, at one of the clock in the afternoon Liber B Ramsay Folios 426.42 w/t 428. Memorial No” 252
James Bell Reg. By Lanark
Received, Carleton Place fifteenth September 1855 from Smith Coleman, four notes of hand signed by him for Four Pounds Four shillings each being the amount of interest which will be due on the mortgage and which it is agreed upon shall be paid halfyearly.
Lawrence Halcroft
T
T
Exhibit [jgem] Ramsay
This exhibit (his property of his defendants)
(~ remaining words written in this corner are illegible )
Mortgage
From
Smith Coleman and Sabra S. Coleman
To
Lawrence Halcroft
In chancery
Rosamond [Stassie]
This in the paper miting on exhibit marked c. referenced
It in the affidavit of William Rosamond which was produced and shown to him at the time of [sumening] him affidavit in this cause person before me
This 25 june 1870
Munroes
Almonte
~ end of document ~Collection
Rosamond Woolen Company 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 ObjectsArchive Details
Date(s) of Creation
Sep 15, 1855Location
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
Bell, JamesPerson or Organization
Coleman, SmithPerson or Organization
Coleman, Sabra S.Person or Organization
Halcroft, LawrenceGeneral Notes
Note
Status: OK
Status By: Cotter, Ellen
Status Date: 2022-02-08Created By
admin@catalogit.appCreate Date
May 22, 2015Updated By
admin@catalogit.appUpdate Date
November 11, 2023
