Mortgage to James McCarter in New York City

July 27, 1813

In 1813 James McCarter took out a mortgage from William Vail to buy property at 50 Orange Street near what was later to become the infamous Five Points Neighborhood. His wife, Elizabeth, was not included in the deed.

City directories do no put James at this address until 1817 when they list him as a millwright. He may have been living at this address while working as a grocer in Chatham Square.

Registered for and at the request of William Vail this 27th day of July 1813 at 12 o'clock.

Memorandum that on the twenty seventh day of July in the year of our Lord One thousand eight hundred and thirteen, James McCarter of the City of New York, Grocer, did mortgage to William Vail of the same place Lumber Merchant all those two certain lots pieces or parcels of ground number ninety two lying and being in the sixth ward of the city of New York and bounded as follows viz.

In front by Orange Street on the north, in the rear by lot number one hundred and thirty four on the south, on the west by a triangle owned by the said part of the first part, and on the east by lot number ninety two being twenty five feet in front and rear and one hundred feet on each side in depth [2,500 sq. ft].

Also number ninety two a triangle lot bounded on the north in front by Orange Street, four feet on the south by lot number one hundred and thirty four, and also four feet on the east by lot number ninety two being on that side one hundred feet deep and four feet wide in front and rear, and on the west from Orange Street sixty four feet bounded by a lot of land belonging to the corporation of the city of New York and from thence forty two feet to the east side of lot number one hundred and thirty four which premises are under lease.

To have to to hold and provided always that if the said James McCarter his executors or administrators do and shall well and truly pay or cause to be paid unto the said William Vail his executors administrators or assigns the just and full sum of two hundred and fifty five dollars and fifty cents on or before the twenty seventh day of January next with lawful interest according to the condition of a certain _____ said mortgage recited then the said mortgage be void.

Which mortgage was acknowledged by the said James McCarter before James Campbell Master in Chancery the 27th day of July 1813 which said mortgage also contains a certain power of clause of sale in the words following to wit. But if default shall be made in the payment thereof or any part thereof at the time limited by the condition of the said bond for payment thereof that then and from thenceforth it shall and may be lawful to and for the said William Vail his executors, administrators or assigns to sell and dispose of the said premises herein before mentioned, described and mortgaged as aforesaid at public auction giving notice of such sale according to the directions of the act of the Legislature in that case made and provided and as the attorney of the said James McCarter for that purpose by these presents duly constituted and appointed to make, seal, and deliver a good conveyance of the same _____ which sale so to be made shall be _____ bar both in law and equity against the said James McCarter his executors and administrators rendering the _____ of the purchase money after full payment and satisfaction of the said principal and interest which may be due on the aforesaid bond or obligation together with the charges of advertisement sale and conveyance (if any _____ then shall be) unto the said James McCarter his executors, administrators or assigns.

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