White to Vandervoort, mortgage, 1836-10-01 (vol12 p481).jpg

White to Vandervoort, mortgage, 1836-10-01 (vol12 p481).jpg

On October 1, 1836, Stephen White mortgaged his interest in Lot 80—about 185 acres along the east side of the Niagara River, excluding the railroad right-of-way and state-reserved mineral rights—to William Vandervoort as security for a $4,000 loan. White agreed to repay the debt in two $2,000 installments due March 1, 1838, and March 1, 1839, with 7 percent annual interest; if he paid, the mortgage became void, but if he defaulted, Vandervoort could sell the property at public auction, recover the debt and expenses, and return any surplus to White. The instrument was recorded August 18, 1837.

(A preservation study says William Vandervoort purchased farm Lot 80 on June 7, 1826. If that is correct, White’s 1836 mortgage back to Vandervoort strongly suggests a missing intervening transaction—most plausibly a deed from Vandervoort to White, perhaps accompanied by this mortgage as security for unpaid purchase money. Until that deed appears, White’s title chain is demonstrably incomplete.

--

Page 481

This Indenture, made this first day of October in the year of our Lord one thousand eight hundred and thirty-six, between Stephen White, of the City Boston, State of Massachusetts, of the first part, and William Vandervoort, of the Town of Wheatfield, County of Niagara, State of New York, of the second part:

Witnesseth, that the said party of the first part, for and in consideration of the sum of Four Thousand Dollars, lawful money of the United States of America, to him in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold, released, enfeoffed and confirmed, and by these presents does grant, bargain, sell, release, enfeoff and confirm unto the said party of the second part, and to his heirs and assigns forever:

All that certain part or parcel of land, situate in the County of Niagara and State of New York, and distinguished as Lot number Eighty (80) of the unappropriated lands lying along the easterly side of the Niagara River, as the same lot has been surveyed and divided in the field book and map of said lands filed in the office of the Secretary of said State, containing one hundred and eighty-five acres, or the same more or less;

Excepting and reserving to the people of said State all the gold and silver mines, as the same are excepted and reserved in the original letters patent under the Great Seal of the said State, bearing date on the twenty-second day of April in the year one thousand eight hundred and eleven;

Also the lands used and occupied by the Buffalo and Niagara Falls Rail Road.

To Have and To Hold the above bargained premises to the said party of the second part, his heirs and assigns, to the sole and only proper use, benefit and behoof of the said party of the second part, his heirs and assigns forever.

Provided always, and these presents are upon the express condition, that if the said Stephen White, his heirs, executors or administrators, shall and do well and truly pay, or cause to be paid, unto the said party of the second part, his executors, administrators or assigns, the just and full sum of Four Thousand Dollars in two equal instalments, with interest at the rate of seven per cent per annum, payable annually, that is to say:

Two Thousand Dollars on the first day of March, one thousand eight hundred and thirty-eight, and two thousand dollars on the first day of March, one thousand eight hundred and thirty-nine, with all interest thereon due, according to the condition of a certain bond or writing obligatory bearing even date herewith, executed by Stephen White, the party of the first part, to the said party of the second part, as a collateral security—

Then these presents and the said bond or writing obligatory shall cease and become null and void.

But in case of nonpayment of the said sum of four thousand dollars, or the interest thereof, or any part thereof, at the times limited for the payment thereof, then and in such case it shall and may be lawful for the said party of the second part, his heirs, executors, administrators or assigns—and the said party of the first part doth hereby empower and authorize the said party of the second part, his heirs, executors, administrators or assigns—to grant, bargain, sell, release and convey the said premises, or any part thereof, with the appurtenances, at public auction or vendue;

And on such sale to make and execute to the purchaser or purchasers, his, her or their heirs and assigns forever, good, ample and sufficient deed or deeds of conveyance in the law, pursuant to the statute in this case made and provided, rendering the surplus moneys, if any there should be, to the said party of the first—

Page 482

—part, his heirs, executors or administrators, after deducting the principal and interest moneys due as aforesaid, and the costs and charges of such vendue and sale aforesaid, being a part of the purchase money.

[A separate notation appears to read: “Jno. M. Whipple.”]

Whereof, the party of the first part has hereunto set his hand and seal the day and year first above written.

Signed, sealed and delivered
in presence of
N. Page Thom— [surname uncertain]

Stephen White [seal]

Acknowledgment

State of New York, Niagara County.

I do certify that on this twenty-sixth day of October 1836, personally appeared before me the within-named Stephen White, to me personally known to be the same person described in and who executed the within deed of mortgage; and the said Stephen White acknowledged that he executed the same.

John Sweeney
Commissioner of Deeds for the County of Niagara

Recording notation

Recorded August 18, 1837, at 11 o’clock A.M. Examined.

A. H. May, Clerk

1836-10-01