David Langille to Roderick McKenzie
January 25th, 1856
Mortgage of David Langille and wife to Roderick McKenzie
Registered 25th January 1856 at 4 o'clock p.m. on the oath of Miles C. Geldert
This Indenture made the first day of January in the year of our Lord one
thousand and eight hundred and fifty-six between David Langill, of River
John in the County of Pictou, miller, and Mary Ann Langille, his wife, of
the one part and Roderick McKenzie of Pictou, in said county, merchant.
Witnesseth that for and in consideration of the sum of two hundred pounds of
lawful money of Nova Scotia to the said David Langille in hand well and
truly paid at or before the sealing and delivery of these presents, the
receipt whereof is hereby acknowledged that the said David Langille and Mary
Ann Langille, his wife, have and each of them hath granted, bargained, sold,
aliened, released, enfeoffed and confirmed and by these presents do and each
of them doth grant, bargain, sell, alien, remise, release, enfeoff and
confirm unto the said Roderick McKenzie, his heirs and assigns forever a
certain lot of land situate lying and being at River John aforesaid in the
County aforementioned abutted, bounded and described as follows.
That is to say, beginning at the said River at the corner of a lot formerly
owned by George F. Langill, now owned by James Grant, thence running
northwest along the boundary line of the said thirty-two chains and fifteen
links, hence south seventy-seven chains and seventy links and twenty links
along the boundary line of Thomas McKenzie's lot formerly David Perrin's lot
thence running east sixteen chains and forty-three links to the River
aforesaid and thence the different courses of the said River, downstream to
the place of beginning containing one hundred acres more or less (excepting
and reserving thereout seventeen acres in the rear heretofore sold and
conveyed by the said David Langille to one David Perrin together with all
and singular the houses, watercourses, woods, improvements, privileges and
appurtenances and all the milldams, mills, millgear, machinery and materials
thereunto belonging or in any wise appertaining being the same lot of land
and premises conveyed to the said David Langille by David Langille, Senior,
deceased, by deeds bearing date the fifteenth day of August of our Lord, one
thousand, eight hundred and thirty-six and also all the estate right, title,
interest, property claims and demands of him the said David Langille and all
the Dower of her, the said Mary Ann Langille, his wife, of, in, to, and upon
the said described lot of land and premises with the appurtenances unto him
the said David Langille, conveyed as aforesaid.
To have and to hold the said lot of land and premises with all appurtenances
unto him the said Roderick McKenzie, his heirs and executors, administrators
or assigns forever (except as hereinbefore reserved), provided always and
these presents are upon this expressed condition that if the said David
Langille, his heirs, executors and administrators do and shall well and
truly pay or cause to be paid unto the said Roderick McKenzie, his
heirs, executors and administrators the just and full sum of two hundred
pounds of lawful money of Nova Scotia with lawful interest thereon in two
years from this date hereof being the sum of money and interest is mentioned
and secured to be paid in and by a certain promissory note in writing made
by the said David Langille payable to the said Roderick McKenzie on order
and bearing even date in these presents then this Indenture of Mortgage and
every clause, matter and thing therein contained shall be null and void and
of no effect otherwise to be and remain in full force and virtue and the said
David Langille for himself, his heirs, executors, administrators doth
hereby covenant and agree with the said Roderick McKenzie, his heirs,
executors, administrators and assigns that he the said David Langille now
is and stands seized of a good and sufficient estate in the Fee Simple of
and in the lot of land and premises with the appurtenances above mentioned
and described and that he hath good right, full power and lawful authority
to grant and convey the same in manner aforesaid. And that the said David
Langille and his heirs, the said land and premises with the appurtenances unto
him the said Roderick McKenzie, his heirs and assigns against the lawful
clainms and demands of all and every person and persons whomsoever will
warrant, maintain and forever defend.
In witness whereof the said parties to these presents have hereto their
hands and seals subscribed this day and year first above written.
Signed, sealed and delivered in the presence of
H. MacLean
Miles C. Geldert
David Langille
Mary Ann Langille
Received on the day of the date of the foregoing Indenture from Roderick
McKenzie therein named the sum of two hundred pounds being the consideration
money therein mentioned to be paid by him to me.
H. MacLean
Miles C. Geldert
David Langille
Be it remembered that on this twenty-fifth day of January in the year of
our Lord, one thousand, eight hundred and fifty-six before me the subscriber
one of Her Majesty's Justices of the Peace for the County of Pictou
personally appeared. Mary Ann Langille party to the within written
Indenture and wife of David Langille also part hereto and acknowledges that
she had signed and executed the said Indenture for the purposes therein
mentioned freely and voluntarily and without any force or compulsion from her
husband.
H. MacLean, J.P.
Source:
LDS film # 578983 p. 582 Transcribed by Lynda Minarzick