Land: Mortgage by David T. Devlin to Mollie D. Arbuckle (1901), Cecil County, MD Contributed for use in USGenWeb Archives by Doug Arbuckle ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** Cecil County Land Record Book, Liber JGW, Number 9, Folio 327 MORTGAGE David T Devlin TO Mollie D Arbuckle Consideration $400. Date, March 19th 1901 This Mortgage, Made this Nineteenth day of March Nineteen hundred and one, between David T Devlin of Cecil County, in the State of Maryland, Mortgagor, and Mollie D Arbuckle Mortgagee of Cecil County, in the State of Maryland. Witnesseth that in consideration of the sum of Four hundred dollars, now owing by said Mortgagors 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 does 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 of that farm or tract of land whereon the said Mortgagor now resides, situated in the Fourth Election District of said County, on the road leading from Cherry Hill to Cowentown; Containing fifty-one acres, four roods, and three perches of land, more or less, it being the same land which was conveyed unto the said David T Devlin by deed of Rebecca D Harter and husband dated February the Eighth, in the year 1900, duly Executed and acknowledged and recorded among the Land Records of said County as to one undivided one half interest, and which descended to him as one of the heirs of David Devlin Sr, as to the other undivided interest, said deed being recorded among the Land records of said County in in Liber JGW No 8 folio 132; together with the improvements thereon and privileges and appurtenances thereto appertaining, or in anywise 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, her executors, administrators, or assigns, the sum of four hundred dollars, together with interest thereon at 6 percent, per annum, payable semi- annually, from the 19th day of March, nineteen hundred and one, in one year from the date of this Mortgage, 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, which taxes, mortgage debt, and all interest that may accrue thereon, the said Mortgagor hereby covenants to pay when legally demandable. But, if default be made in the payment of the said mortgage debt, or 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 her assigns, or for George A Blake, of Cecil County her 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. Witness my hand and seal the day and year first herein written. David T Devlin Signed sealed and Delivered in the presence of H H Gilpin State of Maryland, Cecil County, to wit: I hereby certify that on this Nineteenth day of March in the year Nineteen hundred and one, before me, the subscriber: a Justice of the Peace of the State of Maryland, in and for Cecil County aforesaid, personally appeared David T Devlin the aforesaid Mortgagor and acknowledged the foregoing instrument of writing to be his act and deed. H H Gilpin, JP State of Maryland, Cecil County, to wit: I hereby certify that on this 19th day of March in the year Nineteen hundred and one before me, the subscriber, a Justice of the Peace of the State of Maryland, in and for Cecil County aforesaid, personally appeared Mollie D Arbuckle, the aforesaid Mortgagee, and made oath in due form of law, that the consideration named in the aforegoing mortgage is true and bona fide as therein set forth, and that said Mortgagee has not required the Mortgagor, his agent or attorney or any person for the said Mortgagor to pay the tax levied upon the interest covenanted to be paid, in advance, nor will she require the same to be paid by the Mortgagor or any person for him during the existence of this Mortgage. H H Gilpin, JP Recorded March 19th 1901 and Examined. Per John G Williams, Clerk Mailed to Mollie D Arbuckle, Cherry Hill March 21st 1901 November 10th 1903. Original Mortgage brought into the office with the following release thereon to wit: I hereby release the Within Mortgage. Witness my hand and Seal this tenth day of November 1903. Mollie D Arbuckle Witness Geo A Blake See the following Web site for more info on Mollie D Arbuckle and relatives http://homepages.rootsweb.com/~pda/wc_toc.htm