Mortgage between John W & Matilda EGNER and Alexander & Elizabeth SCOTT (1860), 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 ********************************************************* Mortgage between John W & Matilda EGNER and Alexander & Elizabeth SCOTT (1860) Cecil County Land Record Book, Liber WHR, Number 3, Folio 572 This Indenture, made this Twenty Fourth day of March in the Year of Our Lord One thousand Eight hundred and Sixty, Between John W Egner and Matilda, his wife, of Cecil County, and State of Maryland, of the first part and Alexander Scott and Elizabeth, his wife, of the Second part, of the same County and State aforesaid. Whereas, the said John W Egner, in and by his certain obligation, or Writing obligatory, under his hand and Seal, bearing Even date herewith, stands bound unto the said Alexander Scott and Elizabeth, his Wife, in the penal sum of Two Thousand dollars, lawful money of the United States, Conditioned for the payment of One thousand dollars, on the twenty fifth day of March Eighteen hundred and Sixty four, with lawful interest thereon payable annually. Now This Indenture Witnesseth, That the said John W Egner ____ for and in Consideration of the aforesaid debt or sum of ____ and for the better securing the payment of the same, with interest as aforesaid, unto the said Alexander Scott and Elizabeth, his Wife, their Executors Administrators and assigns, in discharge of the said recited obligation, as also of the further sum of Fifty cents, to the said party of the first part now paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, sold, released and Confirmed, and by these presents do grant, bargain, sell, and Confirm unto the said Alexander Scott and Elizabeth, his wife and to their heirs and assigns All that Tract and piece of Land, Situated in Cecil County and State of Maryland, and more particularly marked and bounded as follows, to wit. Viz. Beginning for the same at a Stone in the North side of the Public Road leading from Cherry Hill to Cowantown and running thence with land of Jethro J McCullough North forty seven and three quarters degrees West, thirty three perches to a Black Oak Stump, thence North thirty nine and three quarters degrees West, twenty one and a half perches to a new Corner, thence by a new Survey the second Course North Eighty Eight degrees West, one hundred perches to a Stone, thence North Eleven degrees West, fifty two perches to a Stone in line of Tobias Peterson’s Land, thence by his line South Eighty and one half degrees East, fifty four and five tenth perches to a Stone a corner of said Peterson’s land, thence by his line North Nine and half degrees East, forty four perches to the Lands of Robert Gallaher, thence by and with said Gallaher’s land South Eighty one degrees East one hundred and Sixty one perches and nine tenths of a perch to the lands now of Park & Co, thence with said Land South, Seven and half degrees West fifty one perches to the Public Road aforesaid, thence along said Road the three following Courses, South Seventy Six and three quarters degrees West, Eleven perches, South Seventy two degrees West, twenty perches, South forty one degrees West, fifty six and Seven tenth perches to the place of Beginning. Containing one hundred Acres of Land, be the same more or less. It being the same Tract and parcel of Land Conveyed to the said John W Egner by the said Alexander Scott and Elizabeth, his Wife, by Deed bearing Even date herewith and intended to be Recorded. This Indenture of Mortgage being given to secure the above amount of purchase money out of said premises. Together With all and singular the improvements thereon, and the Ways, Waters, Water – Courses and all and Singular other the rights, liberties, privileges, hereditaments and appurtenances Whatsoever thereunto belonging, or in anywise appertaining and the reversions and remainders, rents, issues and profits thereof, unto the said Alexander ___ and Elizabeth his Wife. To Have and To Hold the said Farm, tract and piece of Land, with the improvements, hereditaments and premises hereby granted, or mentioned or intended so to be, with the appurtenances, unto the said Alexander Scott and Elizabeth, his Wife, their heirs and assigns, to the only proper use and behoof of the said Alexander Scott and Elizabeth, his Wife, their heirs and assigns forever. Provided always, Nevertheless that if the said John W Egner, his heirs, Executors, Administrators or assigns, shall and do Well and truly pay or cause to be paid unto the said Alexander Scott and Elizabeth, his Wife, their heirs, Executors, Administrators or assigns, the aforesaid debt or sum of ____ on the day and time hereinbefore mentioned and appointed for the payment thereof, with interest according to the Condition of the said recited obligation without any fraud 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 absolutely void, and of no effect, anything hereinbefore Contained to the Contrary in any Wise notwithstanding. In Witness whereof the said John W Egner and Matilda, his Wife, have hereunto set their hands and seals, dated the day and year first above Written. John W Egner Matilda Egner Sealed and delivered in the presence of James H Ray State of Maryland County of Cecil, to Wit Be it remembered that on the Twenty fourth day of March, Anno Domini, Eighteen hundred and Sixty, personally came before me the subscriber a Justice of the Peace of the said State and County aforesaid, John W Egner and Matilda Egner, his Wife, parties to this Indenture, and did Each acknowledge this Indenture to be their respective acts[sic] and deeds[sic] And at the same time before me also appeared Alexander Scott, and made oath in due form of Law, that the Consideration in the said Mortgage is true and bonafide as therein set forth. John Owens Received September 29th 1860, of the within named John W Egner, five hundred dollars in part payment of the Within Mortgage Alexander Scott $500.00 Test, James H Ray Recorded September 29th 1860 and Examined Delivered Alex Scott Novbr 2nd 1860 Per Wm H Ricketts Clk See Release of this Mortgage in Liber CHH No 1 folio 334 etc See the following Web site for more info on some Cecil Co individuals with surname Egner http://homepages.rootsweb.com/~pda