Name/Title
Ebenezer Bull To Amy Bull April 1st 1867Entry/Object ID
001994Tags
Ebenezer Bull, George WilkinsonScope and Content
Transcription: Mortgage Indenture
Date: April 1, 1867
Location: Town of Hamptonburgh, County of Orange, State of New York
This Indenture, made the first day of April in the year one thousand eight hundred and sixty seven Between Ebenezer Bull of the Town of Hamptonburgh in the County of Orange and State of New York of the first part, and Mary Bull, Isaac Bull, George B. Hawkins, Anna B. Weeks & Phebe Bull, of said State and children of Ebenezer Bull late of said Town deceased of the second part;
Whereas, the said Ebenezer Bull is justly indebted to the said parties of the second part, in the sum of nine thousand three hundred & seventy three 38/100 dollars lawful money of the United States, secured to be paid by his certain bond or obligation, bearing even date with these presents, in the penal sum of Eighteen thousand seven hundred & forty six dollars lawful money as aforesaid, conditioned for the payment of the said first mentioned sum of nine thousand three hundred & seventy three 38/100 dollars at the expiration of five years from the date hereof with interest thereon to be paid annually from said date, to the said parties of the second part follows, to wit: To Mary Bull the sum of $3054.71/100 dollars with the interest as aforesaid; To Isaac Bull the sum of $821.22/100 dollars with the interest as aforesaid; To George B. Hawkins, the sum of twenty eight hundred & thirteen 18/100 dollars with the interest as aforesaid; To Anna B. Weeks, the sum of twenty five hundred & thirty five 79/100 dollars with the interest as aforesaid; and to Phebe Bull the remaining sum of $148.48/100 dollars with the interest as aforesaid.
As by the said bond or obligation, and the condition thereof, reference being thereunto had, may more fully appear. Now this Indenture Witnesseth, That the said party of the first part, for the better securing the payment of the said sum of money mentioned in the condition of the said bond or obligation, with interest thereon, according to the true intent and meaning thereof, and also for and in consideration of the sum of one dollar to him in hand paid by the said parties of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, aliened, released, conveyed and confirmed, and by these presents doth grant, bargain, sell, alien, release, convey and confirm unto the said parties of the second part, and to their heirs and assigns forever, All that certain farm piece or parcel of land and premises situate lying and being in the Town of Hamptonburgh in the County of Orange aforesaid, and bounded as follows to wit: Beginning in the center of the highway leading from Hamptonburgh to Blooming Grove and at the South East corner of lands of Daniel Bull and in the line of lands of William Church and runs thence along said Church’s land South thirty six and a half degrees West forty one chains and thirty six links to near a red oak stump standing near the line. Thence along a tract of land belonging to the heirs of Ebenezer Bull dec[eased]
North forty three and three quarter degrees West Seven chains and sixty one links, to near the centre of the road leading from
Hamptonburgh aforesaid to Purgatory Thence along said road and the lands of Charles M. Thompson North thirty four and a quarter degrees East thirty two chains and sixty four links to the centre of the road leading from Goshen to Washing- tonville. Thence along the centre of said road North seventy three and a quarter degrees West six chains & thirty links to the middle of a small bridge across said road. Thence along the middle of said road South eighty one degrees East ten chains and fifty one links to opposite the middle of the road leading from Hamp- tonburgh to Blooming Grove aforesaid. Thence along said last mentioned road South forty two and a half de- grees East fifteen chains and sixty two links to the place of Beginning Con- taining one hundred and eleven acres and ninety four one hundredths of an acre of land, more or less. Ex- cepting and reserving therefrom a piece of land used as a burying ground.
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Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainders and remainders, rents, issues and profits thereof. And also, all the estate, right, title, interest ______ property, possession, claim and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in and to the same, and every part and parcel thereof with the appurtenances: To have and to hold the above granted and described premises, with the appurtenances unto the said party of the second part, their heirs and assigns, to ______ their own proper use, benefit and behoof forever.
Provided always, and these presents are upon this express condition, that if the said party of the first part, his heirs, executors or administrators, shall well and truly pay unto the said parties of the second part, their executors, administrators or assigns, the said sum of money mentioned in the condition of the said bond or obligation and the interest thereon, at the time and in the manner mentioned in the said condition according to the true intent and meaning thereof, that then these presents, and the estate hereby granted, shall cease, determine and be void.
And the said Ebenezer Bull for himself, his heirs, executors and administrators, doth covenant and agree to pay unto the said parties of the second part, their executors, administrators or assigns, the said sum of money and interest as mentioned above and expressed in the condition of the said bond.
And if default shall be made in the payment of the said sum of money above mentioned, or the interest that may grow due thereon, or of any part thereof, that then and from thenceforth, it shall be lawful for the said parties of the second part, their executors, administrators or assigns, to enter into and upon all and singular the premises hereby granted, or intended so to be, and to sell and dispose of the same, and all benefit and equity of redemption of the said party of the first part, his heirs, executors, administrators or assigns therein, at public auction, according to the act in such case made and provided.
And as the attorney of the said party of the first part, for that purpose by these presents duly authorized, constituted and appointed, to make and deliver to the purchaser or purchasers thereof, a good and sufficient deed or deeds of conveyance in the law for the same, in fee simple, and out of the money arising from such sale, to retain the principal and interest which shall then be due on the said bond or obligation, together with the costs and charges of advertisement and sale of the same premises, rendering the overplus of the purchase money, (if any there shall be,) unto the said party of the first part, his heirs, executors, administrators or assigns: which sale, so to be made, shall forever be a perpetual bar both in law and equity against the said party of the first part, his heirs and assigns, and all other persons claiming or to claim the premises, or any part thereof, by, from or under him, them, or either of them.
In Witness Whereof, the parties to these presents have hereunto interchangeably set their hands and seals, the day and year first above written.
Sealed and delivered in the presence of
Geo. W. Wilkinson
Ebenezer Bull
State of New York
County of Orange
On this 3rd day of May A.D. 1867 before me came Ebenezer Bull to me well known to be the individual described in and who executed the foregoing mortgage and acknowledged that he executed the same.
Geo. W. Wilkinson
Justice of the Peace
