James Lolley Mortgage
December 11, 1858
Ontario, Wayne, New York
James takes out a mortgage on the family property from Hezekiah Hill for the sum of $222.38 to be paid in two installments on October 1, 1859 and October 1, 1860. The mortgage was later discharged.
Wayne Co., NY Mortgages: Liber 44, Page 189
This indenture made this eleventh day of December in the year of our Lord one thousand eight hundred and fifty eight between James H. Lolley of the town of Ontario in the county of Wayne and State of New York of the first part and Hezekiah Hill of the same place of the second part.
Witnesseth, that the said party of the first part in consideration of the sum of two hundred and twenty two dollars and thirty eight [$222.38] have sold and by these presents do grant and convey to the said party of the second part his 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 distinguised in 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 North East corner of said Lot, thence South four degrees west forty five, thence north eighty six degrees west fifty rods; thence North four degrees east forty five rods, thence South eight six degrees east 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 Two hundred and twenty two dollars and thirty eight [$222.38]. One half to be paid on the first day of October next together with the interest on the whole sum. The other half to be paid one year from the first day of October next with interest to the said party of the second part, and this conveyance shall be void if the said payment be made as herein specified. And in case default shall be made on the payment of the payment of the principal the sum hereby intended to be secured or in the payment of the interest thereof or any part of such principal or interest as above provided, 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 the surplus if any there be shall be paid by the party making such sale on demand to the said James H. Lolly his heirs or assigns.
In witness whereof the party of the first part has here unto set his hand and seal the dya and year first above written.
James H. Lolley (seal)
Sealed and delivered in presence of State of New York, Wayne County SS: On this eleventh day of December in the year one thousand eight hundred and fifty eight before me the subscriber personally appeared James H. Lolly to me known to be the same person descirbed in and who executed the within instrument and acknowledged that he had executed the same.
William Fuller, Justice of the Peace in said County
A true copy recorded January 18, 1859 at 2 o'clock P.M.
Lyman Lyon Clerk
Discharged, see Book of Discharges Liber 9, Page92
"New York, Land Records, 1630-1975," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1971-32632-18053-79?cc=2078654&wc=M7CC-72Q:358137201,359864101 : accessed 28 May 2014), Wayne > Mortgages 1858-1859 vol 44-45 > image 100 of 606; citing County Clerk. County Courthouse.