1873. Mortgage to Ebenzer Hutchings

HGB mortgages to Ebenzer Hutchings

May 1873

This Indenture made the Eighth of May in the Year One Thousand Eight Hundred and Seventy Three Between Halcyon G Bailey  of the City of Brooklyn County of Kings and State of New York (formerly of the Town of Ridgefield Fairfield County and State of Connecticut) of the first part, and Ebenezer J Hutchings of the City of Brooklyn aforesaid of the second part

Whereas the said Halcyon G Bailey is justly indebted to the said party of the second part in the sum of Three Thousand Dollars lawful money of the United States secured to be paid by his certain bond or obligation bearing even date with these present in the penal sum of Six Thousand Dollars lawful Money as aforesaid conditioned for the payment of the said first mentioned sum of three thousand dollars lawful money as aforesaid to the said party of the second part his Executors Administrators or Assigns on the Eigth day of August which will be in the year the One Thousand Eight Hundred and seventy three and interest theron to be comptuted from the day of the date hereof at and after the rate of seven per cent per annum, and to be paid semi-annually---And it is thereby expressly agreed that should any default be made in the payment of the said Interest or of any part thereof on any day whereon the same is made payable as above expressed and should the same remain unpaid and in arear for the space of thirty days the aforesaid principals sum of three thousand dollar, with all arrearage of interest thereon shall at the option of the said party of the second part his Executors Administrates or Assigns become and be due and payable immediately thereafter although the period above limited for the payment then may not then have expired any therein before contained to the contrary thereof in anywise notwithstanding. 

As by the said Bond or obligation and the condition to reference being thereunto have may more fully appeared 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 party of the second part at or before the ensealing and delivery of these presents the receipt whereof is hereby acknowledged has granted bargained sold aliened released conveyed and confirmed and by these presents does grant bargain sell alien release convey and confirm unto the said party of the second part and to his heirs and assigns forever all that certain tract of Land situate lying and being in the Town of Ridgefield Fairfield County and state of Connecticut in the Parish of Ridgebury at Crow Hill so called together with all the Buildings thereon containing about twenty Six Acres Bounded north and East by Elias A Palmers Land South by Smith Keelers land and West by Highway - Also all that certain tract of land situate lying and being in the town aforesaid in said parish of Ridgebury at Bogus so called) containing About fourteen Acres more or less Bounded north on Sidney St John's land East on Lucious H Boughtons Land South by an old Road or Lane and West by Edmund Reynolds land --- Also all that certain tract of Land situate lying and being in the Town aforesaid (in said Parish of Ridgebury sol called) known as Sherwood Farm containing about Forty Three acres more or less bounded and described as follows North by land of George V R Hunt (formerly owned by David Hunt late deceased) East by Highway South by Allen Rindles land and West by Highway and land of William H L Howe.

Together with all and singular the tenements herewith and apportenenences whereunto belonging or in any wise appertaining and the revision and revisions remainder 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 equity of the said party of the first part of in and to the same and every part and parcel therof with the apportenances to have and to hold the above granted bargained and described premises with the appertenances until the saiud party of the second part his heirs and assigns to his and their own proper use benefit and behoof forever.

Provided always and these persents are repon[?] the express condition that if the said party of the first part his heirs Executors or Administrators shall well and truly pay unto the said party o fthe second part his Executors Administrators or Assigns the said sum of money mentioned in the condition of the said Bond or obligation and the interest theron at the time and in the manner mentioned in the said condition according to the intent and meaning therof then these presents and the Estate hereby granted shall cease [determine?] and be void. And the said Halcyon G. Bailey for himself his heirs Executors \& Administrators or Assigns does covenent and agree to pay unto the said party of the second part his Executors Administrators or Assigns the said sum of money and interest as mentioned above and  expressed in the condition of the said bound. And if default shall be made in payment of the said sum of money above mentioned or the interest that may grow due thereof any part thereof that then and from thenceforth it shall be lawful for the said party of the second part his Executors Administrators and Assigns to enter into and repor[?] all and singular the premises hereby granted or intended so to be and to sell and dispose of the same said all benefit and equity of redemption of the said party of the first part his heirs Executors Administrators or Assigns therin at public Auction according to the Act in such can made and provided. And as the Attorney of the 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 law for the same in fee simple and out of the money arrising from such sale to retain the principal and interest which shall be then due on the said bond obligation together with the costs and charges of advertisement sale of the said premises rendering the overplus of the [purchase?] money (if any there shall be) unto the said party of the first his heirs Exectuors 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 his heirs and assigns all all other persons claiming or to claim the premises or any part thereof by from or under him them or either of them

It is expressly understood by and between the parties to these presents that the said party of the first part shall and will keep the Buildings erected and to be erected upon the lands above conveyed insured against loss and damage by fire by insurens and in an amount approved by the said party of the second part and assign the Policy and Certificate thereof to the said party of the second part and in default thereof it shall be lawful for the said party of the second part to effect such insurance and the premium and premiums paid for effecting the same shall be a lien on the said Mortgaged premises added to the amount of the said bond or obligation and secured by these present and payable on demand with interest at the rate of seven per cent per annum.

In witness whereof the parties to these presents have hereunto
interchangeably set their hands and seals the day and [??] First above written.

Sealed and delivered in presence of

Geo L Fox                   Halcyon G. Bailey

 


State of New York
Kings County City of Brooklyn

On this 12th day of May 1873 before me personally appeared Halcyon G. Bailey signer and sealer of hte foregoing Instrument known to me to be the person described in & who executed the same & acknowledged the same to be his free act and deed before me.

Geo L. Fox     Notary Public
in and for the County of Kings in the State of New York

 

State of New York
Kings County City of Brooklyn

I George G Herman Clerk of the County of Kings and Clerk of the Supreme Court of the State of New York in and for said County (said Court being a Court of Record) Do hereby certify that Geo L Fox whose name is subscribed to the Certificate of proof or acknoweldgedment of hte annexted Instrument and thereon written was at the time of taking such proof or acknowledgement at Notary Public of the State of New York in and for the said County of Kings dwelling in said County Commisioned and sworn and duly authorized to take the same. And further that I am well acquainted with the handwriting of said Notary and verily believe the signature to said Certificate is genuine.

In testimony wehreof I have herunto set my hand and affixed the seal of said County and Court this 12th day of May 1873
George B. Herman Clerk

 

Received to Record May 13th 1873 at 1 oclock PM and Recorded by me.

Hiram K Scott Town Clerk

volume 26, page 614

[Mortgage to Ebenezer Hutchings]

volume 26, page 614

Sources

  • Town of Ridgefield, Connecticut, Ridgefield Land Records, v26 p614-618.
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