Description Deed William H. Harris to John Fraser

This indenture made this third day of July in the year of our Lord one thousand eight hundred and fifty. Between William H. Harris of Pictou in the County of Pictou and Province of Nova Scotia Deputy Sheriff of said County of the one part and John Fraser Peters son, of McLellan’s Mountain in the County and province aforesaid farmer of the other part. Witnesseth that whereas by a certain deed of indenture being dated the nineteenth day of May in the year of our Lord one thousand right hundred and forty one, Donald McDonald and Isabella his wife for the security of the sum of one hundred Pounds of lawful money of Nova Scotia due from the said Donald McDonald to the said John Fraser did mortgage to the said John Fraser the land and premises hereinafter described and intended to be hereby granted bargained sold and conveyed as by the said Mortgage and registry thereof will more fully appear and whereas under and by virtue of an act of the Premises aforesaid, made and passed in the third year of the reign of this late majesty King William the fourth entitled an act for the easy redemption and foreclose of mortgage and the acts in amendment thereof the said John Fraser as mortgages as aforesaid by the consideration of her majesty’s supreme court held at Pictou in the county aforesaid in the terms of October in the year of our Lord one thousand and eight hundred and forty three recovered judgement against the said Donald McDonald for the sum of one hundred and fourteen pounds and ten shillings that being the amount due for the principal and interest on the said Mortgage and also the sum of six pounds seven shillings and six pence of said as taxed by the said court and whereas by a rule of said Court made in the said cause during said term, it was ordered and directed that a sale of such mortgages, premises and hereditament described in said mortgage or of such part thereof as would be sufficient to pay and discharge the said principal sum or debt due on said mortgage together with the costs to be named by the court should be made by the sheriff of the County of Pictou or his deputy ascending these at public auction to the highest bidder and that sixty days action to the highest bidder and that sixty days notice of the time and place of such sale should be given by advertising the same in the Royal Gazette Newspaper in Halifax and that due reform thereof should be made by the said Sheriff or his deputy aforesaid and that oath of the proceeds thereof the said Sheriff or his deputy should pay to the said Plaintiff the said sum or debt due as aforesaid together with the said costs of the said land should sell for sufficient to discharge the said principal sum or debt and costs the supplies should be paid or by the said sheriff or his deputy to the said defendant the mortgagor and that a deed or deeds of bargain and sale of the said land, tenements or hereditaments should be made executed and delivered by the said sheriff or his deputy to the purchaser or purchasers under such land and that such deed or deeds should be sufficient to convey to the purchaser or purchasers the said land tenement or hereditaments and al the estate rights, title, claim and demand of he said defendant Donald McDonald which he had in and to the same at the time of the executors of the said mortgage and whereas the said land and premises after being duly advertised for sale in manned and from ordered and directed in and by the said rule of court to as on the seventeenth day of October one thousand eight hundred and fifty eight set up at auction in the time and place approximately for that purpose and knocked down and old be the said deputy sheriff to the said John Fraser for the sum of one hundred and seventeen pounds he being the highest bidder for the same at the said sale, Now this indenture witnesses that the said William H. Harries deputy sheriff as aforesaid in further pursuance’s of the said rule of court and in consideration of these and from of one hundred and seventeen pounds of lawful money of Nova Scotia to him in hand well and truly paid by the said John Fraser at or before the ensealing or delivery of these presents the receipt whereof is hereby acknowledged hath granted, bargained, sold, remises, released and enfeoffed and confirmed, and by these presents doth granted, bargained, sold remained, released, enfeoffed and confirmed and by these presents doth grant bargain sell remise release enfeoff and confirm and the said John Fraser his heirs and assigns forever all the lot piece or parcel of land mortgages as aforesaid and situate lying and being at Fox Brook and is abutted and bounded as follows, “that is to say” beginning at Beach tree upon the south east line of a certain James McLeod and running from thence North forty five degrees west forty four rods, thence south fifty five degrees west twenty six rods, thence south forty five degrees east three hundred and thirty four rods, thence along the rear lien of the East River lands forty seven rods or to the first boundary or place of beginning containing one hundred acres more or less with all he privileges and appear tenants thereto belonging or in anywise appertaining and the reversion and reversions remainder and remainders rents, issues and profits thereof and also all the estate right title claim interest property and demand whatever both at land and in or equity of him the said Donald McDonald as mortgage as aforesaid their and each of their heirs executors administrators and assigns of all and every person or persons claiming by or under the, or either of them, of in to or upon the said lot of land and premises, hereinbefore described and ordered to be sold or aforesaid- To have and to Hold the said described lot of land and premises intended to be hereby granted bargained and sold with the appurtenances and the said John Fraser his heirs and assigns forever, in as full and ampule a manner as the same was or could have been held by the said Donald McDonald as mortgagor as aforesaid or by the said John Fraser as mortgagee as aforesaid or by he said John Fraser as mortgagee as aforesaid or there or either of their heirs, executors administrators or assigns. In witness whereof the said William H. Harris deputy Sheriff hath hereunto his hand and seal subscribed and set the day and year first within written.

(signed) William Harris Deputy Sheriff

Signed, sealed, and delivered in presence of Donald Gunn and John Sutherland