Name/Title
Statement of case for opinion of counselEntry/Object ID
2014.07.09a-bScope and Content
A typed document that acts as an abstract of title as it appears to breakdown the ownership of a property beginning in 1852.
Transcription :
Statement of case for opinion of Counsel, on the 30th. Day of November 1852 one Daniel Shipman mortgaged his land to one John Romanes.
On the 26th. Day of October 1958 John Romanes assigned his mortgage against Daniel Shipman to one James. Gemmill.
Daniel Shipman the Mortgager died about 1853 or 1854 Intestate leaving the following children; Stephen V. Shipman, Sylvanus K. Shipman, Mellicent Shipman, Catherine Rose, Norman Shipman, Daniel Harvey Shipman, Rachel Shipman, Olive Shipman, Joheida Shipman and Samuel Shipman.
On the 4th. Of May 1854 Rachel Shipman and Olive Shipman gave a quit claim deed of the lands in question to Daniel Harvey Shipman.
On the 13th. Of May 1854 Millecent Shipman gave a quit-claim deed of the lands in question to Daniel Harvey Shipman.
On the 4th. Of May 1854 Samuel Shipman gave a quit claim deed of the lands in question to Daniel Harbey Shipman.
On the 16th. Day of May 1855 Daniel Harvey Shipman gave a deed of the lands in question to Robert. S. Henderson.
On the 28th. Day of May 1859 Norman Shipman, Joheida Shipman, Catherine Rose and Robert S. Henderson conveyed the lands in question to Sylvanus K. Shipman.
These conveyances appear to vest in Sylvanus K. Shipman all the Interest of the heirs of Daniel Shipman except Stephen B. Shipman who predeceased his father leaving children subject however to mortgage to James D. Gemmill.
The mortgage to James D. Gemmill covered a number of properties in addition to the lands in question.
On June 3rd. 1859 James D. Gemmill sold under Power of Sale in his mortgage to Matthew Anderson and others enough of the properties covered by his mortgage to satisfy the amount due on his mortgage but did not sell the property in question.
On the 3rd. of December 1859 James Thompson, Sheriff conveyed to Donald Fraser the Interest of Sylvanus K. Shipman in the lands in question to satisfy an execution in his hands against the lands of Sylvanus K. Shipman at the suit of George Moreton and Andrew McKee.
James D. Gemmill neber reconveyed the lands in question any person nor is there any discharge of these lands from his mortgage registered nor as far as we know did he sign a discharge.
Since the conveyance by the Sheriff to Fraser the land has changed hands a number of times.
The heirs of Stephen B. Shipman conveyed in 1872 to John McIntosh the then owner of the land in question all their Interest in the land.
The present owners have improved the lands within the last fifteen years.
Sylvanus K. Shipman was married at the time of the Conveyance by the Sheriff to Fraser.
Sylvanus K. Shipman died this year leaving his widow surviving.
The question is has the widow of Sylvanus K. Shipman dower in the lands? If she has dower what are her rights?
See Martindale v Clarkson 6 Appl. R. and re Music Hall Block Dumble v McIntosjh 8 Ont. R. 225.
[end]Collection
DocumentCataloged By
Fournier, SarahLexicon
Nomenclature 4.0
Nomenclature Secondary Object Term
DeedNomenclature Primary Object Term
MunimentNomenclature Sub-Class
Legal DocumentsNomenclature Class
Documentary ObjectsNomenclature Category
Category 08: Communication ObjectsArchive Details
Archive Size/Extent
2 pagesLocation
Location
Container
Archive Box 2Shelf
1Cabinet
Archive CupboardRoom
Collections RoomBuilding
M.V.T.M.Category
PermanentDate
November 7, 2023Location
Container
1Shelf
1, 1Room
Collections RoomBuilding
M.V.T.M.Category
PermanentMoved By
Fournier, SarahDate
February 21, 2017Location
Container
Box 3Cabinet
Red SideboardRoom
Collections RoomBuilding
M.V.T.M.Category
PermanentMoved By
Fournier, SarahDate
February 21, 2017General Notes
Note
Status: OK
Status By: MacMillan, Lindsay
Status Date: 2020-11-26Created By
admin@catalogit.appCreate Date
February 22, 2017Updated By
admin@catalogit.appUpdate Date
November 11, 2023
