Indenture between Elizabeth RICARD and William A. SIMPSON (1871), Cecil Co., MD Contributed for use in USGenWeb Archives by Doug Arbuckle Copyright. All Rights Reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/md/mdfiles.htm ********************************************************* Cecil County Land Record Book, Liber DS, Number 5, Folio 627 This Indenture, made the Twenty fifth day of March in the year of our Lord one thousand Eight hundred and seventy-one (1871) Between Elizabeth Ricard of Cecil County in the State of Maryland, Widow, of the one part and William A Simpson of the said city Insurance Agent of the other part. Whereas the said Elizabeth Ricard in and by a certain obligation, or writing obligatory under her hand and seal duly executed, bearing even date herewith stands firmly bound unto the said William A Simpson in the sum of Six Thousand (6000) dollars lawful money of the United States of America, conditioned for the payment of the just Sum of Three Thousand (3000) Dollars, lawful money aforesaid, at the expiration of Five (5) years from the date thereof, together with interest thereon at the rate of Six (6) per cent, per annum, payable half yearly, without any grant or further delay. Provided However, and it is hereby expressly agreed, that if at any time default shall be made in the payment of the interest as aforesaid for the space of Thirty days after any half yearly payment, thereof shall fall and then and in such case the whole principal debt aforesaid shall at the option of the said William A Simpson his executors, administrators or assigns become due and payable immediately, and payment of said principal and all interest thereon may be enforced and Recovered at once, any thing therein contained to the contrary thereof, notwithstanding as in and by the said recited obligation, and the condition, thereof relation being thereunto had may more fully and at large appear. Now This Indenture Witnesseth that the said Elizabeth Ricard as well for and in consideration of the aforesaid debt or principal sum of Three Thousand (3000) Dollars, and for the better securing the payment of the same with interest unto the said William A Simpson his executors, Administrators and assigns in discharge of the said recited Obligation, as for and in consideration of the further sum of one dollar unto __ in hand well and truly paid by the said William A Simpson at and before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, Hath granted bargained sold, aliened, enfeoffed, released and confirmed and by these presents doth grant bargain, sell, alien, enfeoff, release, and confirm unto the said William A Simpson his heirs and assigns. All those certain tracts, pieces or parts of Tracts of land lying and being in Cecil County aforesaid called “Belair” and “Providence” and Containing together Two hundred and forty seven (247) acres more or less: which were conveyed to the said Elizabeth Ricard by John A J Creswell Trustee by Deed dated the Twenty first day of March Anno Domini One Thousand Eight Hundred and fifty six (1856) and Recorded in Liber HHM No 6 folio 307 one of the Land Record Books of Cecil County aforesaid, to which deed and the deeds therein referred to reference is hereby made for a more particular description of said tracts pieces of parts of tracts of Land. Together with all and singular the ways, waters, water courses, Rights, Liberties, Privileges, Improvements, Hereditaments and Appurtenances whatsoever thereunto belonging or in anywise appertaining and the reversions and Remainders, Rents, Issues and Profits thereof. To Have and To Hold the said above mentioned tracts, pieces or parts of tracts of Land Hereditaments and Premises hereby granted or mentioned and intended so to be with the appurtenances unto the said William A Simpson his heirs and assigns to and for the only proper use and behoof of the said William A Simpson his heirs and assigns forever. Provided Always, nevertheless that if the said Elizabeth Ricard her heirs, executors administrators or assigns, do and shall well and truly pay or cause to be paid unto the said William A Simpson his executors, administrators or assigns the aforesaid debt or principal Sum of Three Thousand (3000) Dollars, on the day and time hereinbefore mentioned and appointed for payment of the sums together with interest as aforesaid, without any ground or further delay, and without any deduction, defalcation or abatement to be made of any thing for or in respect of any taxes, charges or assessments, whatsoever, that then and from thenceforth as well this present Indenture, and the estate hereby granted, as the said recited obligation shall cease determine and become void, any thing hereinbefore contained to the contrary thereof, in any wise notwithstanding, And Provided Also, that it shall and may be lawful for the said William A Simpson he Executors administrators or assigns when and as soon as the principal debt or sum hereby secured shall become due and payable as aforesaid, or in case default shall be made for the span of Thirty days in the payment of interest on the said principal sum after any half yearly payment thereof shall fall due as aforesaid, to sue out forthwith a writ or writs of Scire Facias, upon this Indenture of Mortgage, and to proceed thereon to Judgment and execution, for the recovery of the said principal debt and all interest due thereon without further stay, any law usage or custom to the contrary not withstanding. In Witness whereof the said Parties to these Presents have hereunto interchangeably set their hands and seals dated the day and year first above written. Elizabeth Ricards Sealed and Delivered in the presence of us. Note A Revenue stamp of the value of Three dollars being first duly affixed. W H Hayward Jno R Ricard Jr State of Maryland Baltimore City SS On the Twenty fifth day of March Anno Domini 1871 before me a Justice of the Peace of the State of Maryland in and for the City of Baltimore personally appeared the above named Elizabeth Ricard and in due form of law acknowledged the above Indenture of Mortgage to be her act and deed, and desired the same might be recorded as such the said Elizabeth Ricard being to me known to be the Individual named in and who executed the foregoing Indenture of Mortgage. Witness my hand the day and year aforesaid W H Hayward JP State of Maryland Baltimore City Sct I hereby certify that W H Hayward Esquire before whom the annexed acknowledgement was made, and who has thereto subscribed his name was at the time of so doing a Justice of the Peace of the State of Maryland in and for the City of Baltimore duly commissioned and sworn. In testimony whereof I hereto set my hand and affix the seal of the Superior Court of Baltimore City the 27th day of March AD 1871 Geo Robinson Clerk of Superior Court of Baltimore City State of Pennsylvania City of Philadelphia Sct I hereby certify that on this 23d day of March in the year Eighteen Hundred and seventy one before me the subscriber a Notary Public of the State of Pennsylvania residing in the City of Philadelphia personally appeared William A Simpson and made oath on the Holy Evangelist of Almighty God that he is the Mortgagee within named and that the consideration mentioned in the within Mortgage is true and bona fide as therein set forth. In witness whereof I have hereunto set my hand and affixed my Notarial seal on the day and year aforesaid. Alx Colville Notary Public Recorded March 30th 1871 and examined Delivered to Daniel Arbuckle July 11th 1871 Per David Scott Clk Oct 3 1876 The original Mortgage brought in with the following assignment thereon I hereby assign the above and within Mortgage to George Simeon[?]. Witness my hand and seal this tenth day of August Eighteen hundred and seventy six D Arbuckle Witness, H McCullough See the following Web site for more info on Elizabeth RICARDS, Daniel ARBUCKLE and relatives http://homepages.rootsweb.com/~pda