Land: Mortgage by Russell E. Riley to Philip R. Arbuckle (1912), Cecil County, 
MD

Contributed for use in USGenWeb Archives by Doug Arbuckle <dougarbuckle@cox.net>

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Cecil County Land Record Book, Liber CK, Number 5, Folio 322

THIS MORTGAGE, Made this 5th day of October, nineteen hundred and twelve, 
between Russell E Riley, a single man, of Cecil County, State of Maryland, 
temporarily residing in Nicholas County, in the State of West Virginia, 
Mortgagor, and Philip R Arbuckle Mortgagee of Newcastle County, in the State of 
Delaware.
WITNESSETH, That in consideration of the sum of ($1000.) One thousand dollars, 
now owing by said Mortgagor to said Mortgagee, with interest from the date 
hereinafter set forth, and for the purpose of securing the payment thereof with 
the interest thereon, according to the provisions hereinafter contained he, the 
said Mortgagor doth hereby grant unto the said Mortgagee, all the right, title, 
interest, claim and demand, both at law and in equity, of the said Mortgagor in 
and to all two parcels of land described as follows:
(1) All that farm or tract of land known as the “Home Place”, and containing 
twenty four acres and twenty eight perches of land, be the same more or less, 
which is situate in the Eighth Election District of Cecil County aforesaid, and 
being the same tract or parcel of land whereof Kennard M Riley died seized and 
possessed and whereon he resided at the time of his death, and which is more 
particularly described in a deed from William S Evans and L Marshall Haines, 
Trustee, to the said Kennard M Riley dated the first day of February in the year 
Eighteen hundred and eighty eight, and which is now of record in Liber JAD, No 
18, Folio 71 etc, one of the Land Record Books for Cecil County aforesaid.
(2) ALSO all that other lot or parcel of land know as the “Hess Property”, and 
containing twenty four acres, three roods and twenty four perches of land, be 
the same more or less, which adjoins the above mentioned lot or parcel of land, 
and is also part of the the real estate whereof the said Kennard M Riley died 
seized and possessed, and being the same trace(sic) or parcel of land which was 
conveyed to the said Kennard M Riley by Harry C Hess, by deeded dated the twenty 
first day of March in the year Nineteen hundred and five, and which is now of 
record in Liber MD, No 2, folio 377 etc, another of said Land Record Books:  
Being the same parcels of land which were conveyed to the said Russell E Riley 
by William S Evans, Trustee, by his deed dated the twenty fourth day of 
September, in the year nineteen hundred and twelve to which said deed and all 
other deeds or instruments of writing therein mentioned, reference is hereby 
made for a more complete and accurate description of the land hereby conveyed, 
together with the improvements thereon and privileges and appurtenances thereto 
appertaining or in any wise belonging, in fee simple.
PROVIDED, HOWEVER, that if the said Mortgagor his heirs, executors, 
administrators or assigns, shall pay, or cause to be paid, unto the said 
Mortgagee his executors, administrators, or assigns the sum of ($1000.) One 
thousand dollars, together with the interest thereon at six per cent. per annum, 
payable semi-annually from the date hereof on or before the fifth day of 
October, AD nineteen hundred and thirteen, and shall perform the covenants and 
conditions hereinafter on his part stipulated to be done, then this mortgage 
shall be void.
AND it is agreed that until default be made in the premises the said Mortgagor 
his heirs and assigns, shall possess the aforesaid property upon paying in the 
meantime all taxes that may by law be levied or imposed upon the mortgaged 
premises, or the mortgage debt hereby secured, which taxes, mortgage debt, and 
all interest that may accrue thereon, the said Mortgagor hereby covenants to pay 
when legally demanded.  But if default be made in the payment of the said 
mortgage debt, or in the interest thereon to accrue, or any part of either of 
them, at the time limited for the payment of the same, or in any agreement, 
covenant or condition of this mortgage, then the whole mortgage debt shall 
become due and demandable, and it shall be lawful for the said Mortgagee or his 
assigns or for Charles B Finley, Jr of Cecil County, his or their attorney to 
sell the property hereby mortgaged for cash, or such other terms as the party 
making such sale shall deem most advantageous to all persons interested therein, 
to the highest bidder at public auction at the Court House door, in the town of 
Elkton, in Cecil County aforesaid, after giving at least three weeks previous 
public notice by advertisements inserted in some newspaper or newspapers 
published in Cecil County, and such other notice as to him, her or them may seem 
proper of the time, place, manner and terms of sale, and to apply the proceeds 
of such sale, in the first place, to the payment of all expenses attending said 
sale, including the same commissions to the attorney making said sale as would 
be allowed a Trustee selling said property under a decree of the Circuit Court 
for Cecil County, in Equity, upon a bill filed in said Court to compel payment 
of the said mortgage debt, and also a counsel fee of forty dollars to the 
attorney making said sale, then to the payment of the said mortgage debt, 
together with all sums owing under the provisions hereof for interest, taxes or 
insurance, whether the same shall then have matured or not; provided, however, 
that should said property be advertised for sale under the aforesaid power and a 
bond be filed thereunder, as required by law, by the party authorized to make 
such sale and the said property should not be sold because of the request of the 
said Mortgagor, his heirs executors, administrators or assigns, or because of 
the payment of the mortgage debt, interest, taxes and insurance hereby secured, 
the attorney so advertising shall be entitled to receive one-half of the 
aforesaid counsel fee and commissions; and the surplus shall be paid to the said 
Mortgagor, or to whoever may be legally entitled to receive the same.
AND said Mortgagor further covenant to insure, and pending this mortgage to keep 
insured, the buildings on said property against loss by fire in some insurance 
company or companies in good standing, approved by said Mortgagee or his 
assigns, in a sum not less than One thousand dollars, to pay the premiums 
thereon as they shall fall due, and to assign the policy or policies of 
insurance to the Mortgagee or his assigns, as collateral security for the 
payment of the said mortgage debt.  And do further covenant, that if failure 
should be made to insure or assign as aforesaid, or to pay any premium on said 
policy or policies, or to pay any installment of taxes aforesaid, and the said 
Mortgagee his executors, administrators, devisees, legatees, distributees or 
assigns, should insure the said buildings or pay said premiums or taxes, then 
the sums so paid, with interest thereon, shall be a lien on the said property as 
full as though included in the first instance in the mortgage debt itself.
WITNESS my hand and seal the day and year herein written.
Russell E Riley
Signed, Sealed and Delivered in the Presence of (The words “or before”, on page 
two, being first interlined.)
Witness:  A L Craig

State of West Virginia, Nicholas County, to wit:
I Hereby Certify, That on this 5th day of October in the year nineteen hundred 
and twelve, before me, the subscriber, a Notary Public of the State of West 
Virginia, in and for Nicholas County, aforesaid, personally appeared Russell E 
Riley the aforesaid Mortgagor and acknowledged the foregoing instrument of 
writing to be his voluntary act and deed.
Witness my hand and Notarial seal the day and year last above written.
J M Wolverton, Notary Public
My Commission Expires December 6th, 1914.
STATE OF MARYLAND, Cecil County, to wit:
I Hereby Certify, That on this 7th day of October in the year nineteen hundred 
and twelve before me, the subscriber, a Justice of the Peace of the State of 
Maryland in and for Cecil County aforesaid, personally appeared Charles B 
Finley, Jr, and made oath in due form of law that the consideration named in the 
aforesaid mortgage is true and bona fide as therein set forth, and that he is 
the agent of the said Philip R Arbuckle, the within named Mortgagee, with 
authority to make this affidavit.
Joshua M Ash, JP
Recorded October 26th, 1912, and Examined;
Per Cecil Kirk, Clerk
Delivered to Thomas B Miller, October 29th, 1912

See Equity # _292 (Re: Equity WAP-1-424)



See the following Web site for more info on Philip R Arbuckle and relatives
http://homepages.rootsweb.com/~pda/wc_toc.htm