James H. Lolley Deed

March 27, 1862
Ontario, Wayne, New York

James Lolley sells the family property in Ontario to Martin Terwilliger and provides a mortgage. Terwilliger must have defaulted because James sells the property again, and for the final time, in 1866.

Wayne Co., New York Deeds: Liber 80, Page 87

This Indenture made the twenty seventh day of March in the year of our Lord one thousand eight hundred sixty two between James H. Lolly of the town of Ontario in the County of Wayne and State of New York of the first part and Martin Terwilliger of the Town, County, and State of aforesaid of the second part.

Witnesseth that the said party of the first part in consideration of the sum of Seven hundred dollars [$700.00] to be duly paid has sold and by these presents does grant and convey to the said party of the second part his heirs and assigns. All the tract or parcel of land situate in the town of Ontario in the county of Wayne and State of New York known and distinguished as the north part of lot number forty three in the east division of township number fourteen in the third range of townships and bounded as follows:

Beginning at the northeast corner of said lot, thence south four degrees west forty five rods; thence north eighty six degrees west fifty rods, thence north four degrees east forty five rods; thence south eighty six degrees east and fifty rods to the place of beginning containing fourteen acres and ten rods as surveyed by E. Davis October 28th, 1850 be the same more or less with the appurtenances and all the estate, title and interest thereon of the said party of the first part: And the said James H. Lolly does hereby covenant and agree to and with the said party of the second part his heirs and assigns that the premises thus conveyed in the quiet and peaceable possession of the said party of the second part his heirs and assigns he will forever Warrent and Defend against any person whomsoever lawfully claiming the same of any part thereof.

In witness whereof the party of the first part has hereunto set his hand and seal the day and year first above written. Sealed and delivered in the presence of

James H. Lolly (seal)

State of New York, Wayne County SS: On this twenty seventh day of March in the year one thousand eight hundred and sixty two before me the subscriber personally appeared James H. Lolly to me known to be the same person described and who executed the within instrument and acknowledged that he executed the same.

C. P. Hopkins, Notary Public

A true copy Recorded April 29, 1862 at 7 o'clock A.M.

Lyman Lyon, Clerk

"New York, Land Records, 1630-1975," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1951-32569-20098-55?cc=2078654&wc=M7HY-H68:358137201,358704901 : accessed 21 May 2014), Wayne > Deeds 1861-1862 vol 78-80 > image 673 of 940; citing County Clerk. County Courthouse.

James H. Lolley Mortgage

March 27, 1862
Ontario, Wayne, New York

James Lolley's mortgage to Martin Terwilliger required $300.00 down and the remaing $400.00 to be paid in two payments of $200.00 on April 1, 1865 and June 8, 1867. Terwilliger must have defaulted on the 1865 payment because James took possession of the property and sold it for the last time in 1866.

This Indenture made this twenty seventh day of March in the year of our Lord one thousand eight hundred and sixty two. Between Martin Terwilliger of the town of Ontario in the county of Wayne and State of New York of the first part and James H. Lolly of the same county and state aforesaid of the second part. Witnesseth, that the said party of the first part in consideration of the sum of Three hundred dollars [$300.00] has sold, and by these presents does convey to the said party of the second part heirs and assigns all that tract or parcel of land, situate in the town of Ontario in the county of Wayne and State of New York known and distinguished in the north part of lot number forty three three in the east division of township number fourteen in the third range of township and bounded as follows:

Beginning at the northeast corner of said lot, thence south four degrees west forty five rods; thence north eighty six degrees west fifty rods, thence north four degrees east forty five rods; thence south eighty six degrees east and fifty rods to the place of beginning containing fourteen acres and ten rods as surveyed by E. Davis October 28th, 1850 be the same more or less.

This grant is intended as a security for the payment of the sum of three hundred dollars [$300.00] with usual interest from the first day of April 1862 (it being for the purchase money of the within mentioned _____ ) to be paid in _____ following. Two hundred dollars [$200.00] principal on the first day of April 1865 and the remaining sum of two hundred dollars [$200.00] on the 8th day of June 1867. Interest to be paid annually on the first day of April of each and every year said price is not sent to be _____ until said premises shall be secured from all in _____ _____ of the heirs of Susannah Lolley and this conveyance shall be void if such payment be made as herein specified and in case default shall be made in the payment of the principal sum hereby intended to be secured as in the payment of the interest thereof or any part of such principal or interest as when promised it shall be lawful for the party of the second part his executors, administrators or assigns at any time thereafter to sell the premises hereby granted or any part thereof in the manner prescribed by law and out of all the moneys arising from such sale to retain the amount thus due for principal and interest together with the costs and charges of making such sale and that the surplus, if any there be shall be paid by the party making such sale on demand to the said Martin Terwilliger his heirs and assigns.

In witness whereof the party of the first part has hereunto set his hand and seal the day and year first mentioned within.

Martin Terwilliger

Sealed and Delivered in the presence of State of New York, Wayne County SS: On this 27th day of March in the year one thousand eight hundred and sixty two before me the subscriber personally appeared Martin Terwilliger to me known to be the same person described in and who executed the within instrument and acknowledged that he executed the same.

C. P. Hopkins, Notary Public

A true copy recorded April 2, 1862 at 5 1/2 o'clock P.M.

"New York, Land Records, 1630-1975," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1961-32639-9464-0?cc=2078654&wc=M7CC-ZPJ:358137201,359934601 : accessed 23 May 2014), Wayne > Mortgages 1862 vol 50 > image 67 of 316; citing County Clerk. County Courthouse.

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