Description Crerar Papers

To all Persons to whom these Presents shall come, I David McQueen of Antigonish in the County of Sydney in the Province of Nova Scotia, Esquire, High Sheriff of the said County, Send Greeting:-

Whereas Robert Hatton in His Majesty's Supreme Court held at Halifax in the County of Halifax for the said Province in the Term of Michaelmas in the Year of Our Lord One Thousand Eight Hundred and Nineteen by the Consideration of the said Court, recovered Judgement against John Chisholm and Archibald Chisholm of Antigonish in the County of Sydney for the sum of one hundred & twenty pounds nineteen shillings & sixpence debt and costs.- and whereas, a Writ of Execution upon the said Judgment, and reciting the same, and bearing Teste the 25th Day of July now past and issued out of the said Court, was on the twenty seventh Day of August 1820 delivered to Me, the said Sheriff, to be Executed, and by an Indorsement on the said Writ, I was directed to levy thereupon for the Sum of Ninety two pounds sixteen shillings and sixpence besides Sheriff's Fees.

And Whereas, the said Defendant being unable to satisfy the said Judgment, and Personal Estate, whereon to extend the said Execution, not being by me found, I did extend the said Execution on certain Real Estate of the said Defendant, and afterwards on the 2nd Day of October 1820.  I casued the said Real Estate to be Appraised in the said Suit, according to Law; and the Appraisers having thereupon found and declared, that the Annual Rents of the same would not be sufficient to pay the Amount due on the said Execution£3.13 Sheriffs fee and lawful Interest, together with the necessary Repairs, in two Years, and that no Part of the said Premises could conveniently be taken separate from the Residue, the said Plaintiff Robert Hatton required me to execute to him a Deed of Sale of the said Real Estate, according to Law. - Now, Know, Ye, that I the said David McQueen being, and such High Sheriff as aforesaid, for the in Consideration of the Premises, and the Sum found by the said Appraisers, and according to the Act of the Assembly in such Case made, Have Granted, Assigned, Sold, Transferred, and Set Over, and by these Presents Do Grant, Assign, Sell, Transfer, and Set Over, unto the said Robert Hatton his Heirs and Assigns, all and singular, the Real Estate, extended on as aforesaid, being a certain lot of land situate on the south river of Antigonish, at or near the head of the tide, on which the above named Archibald Chisholm resides and known by the name of the Blacksmiths Farm, containing two hundred acres of land. 

Together with all and singular the Hereditaments and Appertenances thereunto belonging, To Have and To Hold, the Real Estate and Premises, with their and every of their Appertances, unto him the said Robert Hatton his Heirs and Assigns for ever, subject nevertheless, to the Equity of Redemption, as by Law, in such Case prescribed and provided; and to all previous Attachments, Judgments, and Executions thereupon Levied, Obtained and Issued, and also to all Legal Charges, Incumbrances and Claims, to or upon the same Lot of Land and Premises, or any part thereof.--In Witness whereof, I, the said David McQueen High Sheriff as aforesaid, have hereunto set my Hand and Seal, this thirteenth Day of April in the Year of Our Lord One Thousand Eight Hundred and twenty.

Signed, Sealed, and Delivered, in the Presence of} David McQueen

Province of Nova Scotia

I do certify that at 12 o'clock in the noon on the 25th day of June 1822 the above/or within/ writ- Deed was registered pursuant to the Directions of the laws of this Province in that case made and provided on the oath of Allan McDonald of Dorchester and of the subscribing witnesses thereto by me John Cunningham, D. Registrar

File Location

vault, original material, box #18

File number: 98-67e
Contributor:    Teresa MacKenzie | View all submissions
Tags: Allan MacDonald, M'Donald, feast of St. Michael, September 29, MacQueen, David MacQueen, Chisholm, Hatton, judgement, document, agreement, 98-67
Views: 489
Uploaded on: September 8, 2016
Source: David Crerar

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