Description J. Sim Harris to William McKenzie

This indenture made this third day of July in the year of our Lord one Thousand nine hundred and two Between J. Sim Harris of Pictou in the County of Pictou Esquire, High Sherriff in and for the said County, of the one part and William McKenzie of Bayview in the County of Pictou, Master Mariner

Whereas in a certain suit lately commenced and presented in the supreme Court of Judicature for the Province of Nova Scotia, by Charles E. Francis and Alexander P.R. Stalker executors of the last will and testament of Alexander Munro, late of Little Carriboo Island in the County of Pictou farmer, deceased, plaintiff against Alexander M. Martin of West River Road in the County of Pictou, farmer, defendant, the said Plantiffs sought the foreclosure of all the right and Equity of Redemption of the Defendant, and of all persons claiming or entitled by, through or under the defendant in and to the lands and premises herein after described, and a sale of the said real estate towards the payment of a large sum of money due to he plaintiff by virtue of a certain indenture of mortgage made by the said Alexander M. Martin to the said Alexander Munro in his life time, And the plaintiff case having been fully proved and established to the satisfaction of the court, according to the rules and practices thereof, such proceedings were had in the said cause that the said Court did, among other things, order and decree that the Equity of Redemption of the mortgage in the premises described in the said mortgage sought to be foreclosed in the said suit, and of all those claiming by, from or under the defendant, be forever barred and foreclosed, and that the sale of the said premises should be advertised in the Colonial Standard newspaper, published at Pictou N.S. for at least thirty days, and by hand-bills posted in the vicinity of the said lands and premises for at least twenty days before the day of such sale, and that the said mortgage premises should be sold at public auction by the said Sheriff to the highest and best bidder thereat, and that upon payment of the purchase money the Sheriff should make a good and sufficient deed to the purchase thereof.

And whereas the said mortgage premises were on the day of the date hereof by virtue of the said order or decree, and in conformity with the directions, and in pursuance of the notices previously given in the manner and for the time therein specified set up for sale at public auction by and before thee said J. Sim Harris the said Sherriff for the county of Pictou and after having been exposed for the usual time, were knocked down and sold by the said Sheriff to the said William McKenzie. For the price or sum of two hundred and forty dollars, he being the highest and best bidder at the said sale.

Now this indenture witnesseth, that the said J. Sim Harris as such Sheriff as aforesaid, in pursuance of such order and decree, and in consideration of the premises and of the said sum of two hundred and forty dollars of lawful money of the dominion of Canada, by the said William McKenzie to the said J. Sim Harris Sheriff as aforesaid in hand well and truly paid at or before the ensealing and delivery of these presents for the usages and purposes in the said order and decree mentioned, the receipt whereof is hereby acknowledged, Hath granted, bargained, sold, aliened, enfeoffed, released, remised, conveyed and confirmed, and by these presents, doth grant, bargain, sell, alien, enfeoff, release, remise, convey and confirm unto the said William McKenzie’s his heirs and assigns, all the estate, right, title, interest, and equity of Redemption of the said Alexander M. Martin, defendant in the said suit at the line of the ensealing of the said mortgage or at any time since of in to on out of all that certain lot or parcel of land the little Carriboo Island situate in the county of Pictou and bounded by the waters of Northumberland strait and Carriboo Harbour; excepting however the lot of fifty acres or thereabouts conveyed by said Alexander Munro to James ___ the said land conveyed by said mortgage including the Island called Howard Island, also a small Island on the East of said described lot above known as Peters Island, containing two and three fourths acres and survived to said above described lot by a sand beaches,

To have and to hold, the said above granted and described land and premises with the appurtenances thereto, unto the use of the said William McKenzie his heirs and assigns forever.

In witness whereof, the parties to these presents have herewith set their hands and seals the day and year first above written.

In witness whereof, the parties to these presents have herewith set their hands and seals the day and year first above written.

Signed, sealed and delivered in the presence of William Harris

Province of Nova Scotia

County of Pictou SS

On this 28th day of July 1902 before me the subscriber personally came and appeared William H. Harris the subscribing witness to the within and foregoing indenture, who having been by me duly sown made oath and said that J. Sim Harris, sheriff the parks thereto signed, sealed and delivered the same in his presence.

W.B. Ives Public Notary

File Location

vault 1b2

Details
File number: 17D-1813H
Contributor:    Amelia English | View all submissions
Tags: J. Sim Harris, William McKenzie, Alexander P.R. Stalker, Alexander M. Martin, Bayview, Pictou, Alexander Munro
Views: 617
Uploaded on: August 10, 2017

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