James Lolley Mortgage
August 29, 1864
Ontario, Wayne, New York
James takes out another mortgage on the family property from Hezekiah Hill this time in the amount of $400.00. The mortgage is paid off when he sells the land for the last time in 1866.
Wayne Co., NY Mortgages: Liber 54, Page 447
This indenture made this twenty ninth day of August in the year of our Lord one thousand eight hundred and sixty four between James Lolley of the town of Ontario of the County of Wayne and State of New York of the first part and Hezekiah Hill of the town of Ontario, County of Wayne and State of New York of the second part. Witnesseth that the said party of the first part in consideration of the sum of Four Hundred dollars [$400.00] to him in hand paid has 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 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 north east corner of said lot thence south four degrees east forty five rods, 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 28, 1850 be the same more or less.
This Grant is intended as a security for the payment of the sum of Four Hundred dollars [$400.00] to be paid as follows, one hundred dollars [$100.00] to be paid on the first day of April 1865 and the remainder to be paid in four equal annual payments from the first day of April next with interest on the whole sum to be paid annually. This mortgage is given for the purchase money of said piece of land 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 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 then due for principal and interest together with the costs and charges of making such sale and the overplus if any there be shall be paid by the party making such sale on demand to the said James Lolley or to his heirs or assigns.
In witness whereof the party fo the first part has hereunto set his hand and seal the day and year first above written
James Lolley (seal)
Sealed and delivered in the presence of State of New York, Wayne County SS: On this twenty ninth day of August in the year one thousand eight hundred and sixty four before me the subscriber personally appeared James Lolley to me known to be the same person described in and who exectued the within instrument and acknowledged that he executed the same.
A.W. Casey, Justice of the Peace for Wayne County
A true copy Recorded October 18, 1864 at 8 1/4 o'clock A.M.
C. Mason, Clerk
Discharged, See Book Discharges Liber 11, Page 425
"New York, Land Records, 1630-1975," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1961-32639-230-88?cc=2078654&wc=M7CC-ZNT:358137201,359943101 : accessed 28 May 2014), Wayne > Mortgages 1862-1865 vol 53-54 > image 553 of 640; citing County Clerk. County Courthouse.