7th October 1846

Sale and Conveyance

From James O誰eill

To Thomas O誰eill

From records of Edward George Cannon, Notary Public

No. 155

Quebec Archives Film #4MO1-1567A, Images 1722+

 

 

On the seventh day of October in the year of our Lord one thousand eight hundred and forty-six, before us the undersigned Notaries Public duly commissioned and sworn in for that part of Canada heretofore Lower Canada and residing in the City of Quebec in the said province personally came and appeared and were present James O誰eill of the Parish of St. Gabriel de Valcartier, farmer of the one part; and Thomas O誰eill of the said parish of St. Gabriel de Valcartier, farmer of the other part.  Which said James O誰eill for the price or consideration herein after mentioned did and doth hereby grant, bargain and sell, transfer, assign, convey and (?)  ever with warranty against all debts, troubles, and encumbrances whatsoever unto the said Thomas O誰eill hereof  accepting as follows That is to say,  The undivided half or  just motive of those certain lots or pieces of land situate and being in the Seigniory of St. Ignace in the environs of the River Jacques Cartier, containing six arpents in front more or less, by the line thus separating the Seigniory of St. Gabriel from that of St Ignace, by forty two arpents in depth more or less,  towards the east forming all the depth of the said Seigniory St. Ignace bound on one side and to the north by unceeded lands and on the other side to the south by Lawrence Mooney who did not take out any deed of concession, also another lot of land situate and being in the Seigniory of Saint Gabriel in the fifth concession being lot number twenty-two containing three arpents in front and thirty seven and a half thereabouts in depth more or less  bounded on one side to the southwest in front by the line between the fourth and fifth concessions and to the northeast to the depth  by the seigniorial line joining on one side to the southwest to lot number twenty one and on the other side to the northwest to lot number twenty three.  And all the estate, right, title, interest, property claims and demand whatsoever both in law and in equity of himself the said James O誰eill in to and out of the said undivided half or Just Motive and premises above described being bargained and sold or intended so to be as to the whole now are without any exceptions of reserve and with all which the said Thomas O誰eill doth hereby declared himself as acquainted and satisfied having viewed and examined the same.  The said undivided half lot of land and premises above described and bargained being in the environs of the Seigniory of St. Ignace and towards the same charged with the payment of the (cens et rents?) for which it may be held and warranted free and clear of all arrears of the said cens et rents to the current years and of all (?) to this day.   To the said James O誰eill the said undivided half or just motive of the said land and premises above described, bargained and sold belonged unto said by virtue of a certain last will and testament of the late John O誰eill made and received before Hugh Paisley, priest, witnessed the thirteenth day of October in the year of our Lord one thousand eight hundred and forty one and the two described lots of land in virtue of two certain deeds of concession to him made and granted by the Honorable John Stewart both bearing the date the third day of April which was in the they year of our Lord one thousand eight hundred and twenty eight and passed before  Notary  R. Lelievre and other notaries.

 

To have and to hold the said undivided half of just motive of the said lots or pieces of land above described, bargained and sold as aforesaid or understood so to be together with all and singular the rights, members and appurtenances whatsoever there unto belonging or in any way appertaining unto the said Thomas O誰eill, his heirs and assigns to the only proper use and behold of the said Thomas O誰eill, his heirs and assigns hence forth for ever.

 

The present sale and conveyance is thus made and granted for and in consideration of the price or sum of sixty pounds current money of this province for and on account and in past payment whereof the said James O誰eill did and doth hereby acknowledge and confess to have received at and before the execution hereof the sum of fifteen pounds current money of this province receipt whereof is hereby acknowledged et dent quittance and as to the sum or balance of forty five pounds  current money aforesaid the said Thomas O誰eill did  and doth hereby promise, bind and oblige himself to pay unto the said James O誰eill in two equal and yearly payments of twenty two pounds ten shillings said current money with the first payment whereof shall begin and be made on the first day of May which will be in the year of our Lord one thousand  eight hundred and forty eight and the second and last payment in one year after this.

 

And for surety of the payments of which said sum of forty five pounds current money aforesaid the said Thomas O誰eill doth hereby affect, bind, oblige and mortgage and  the same undivided half of just motive of the said lots of land above described, bargained and sold together with the privilege and preference of  de forme.

 

Thus done and passed in the said city of Quebec at the office of E. G. Cannon one of the undersigned notaries on the day and year first above written.

 

In Faith and Testimony where of the said parties have to these present first duly read and subscribed their names and signatures in the presence of the said notaries who herein to subscribing.

 

Signed:

James O誰eill

Thos. O誰eill

E. G. Cannon, Notary

Henry C. Austin, Notary

 

Transcribed by Patricia Balkcom, 4 January 2011

 

My Notes: 

John had two surviving sons, Thomas, aged 26 and James, aged 23 at the time this document was written.   Why is James selling his part of the inheritance?  We know that in the early 1850s James moved to Guelph, Ontario and bought a hotel.  It痴 possible that he did not want to farm and hoped to live in a more populated area.  It痴 also possible that he left Quebec shortly after this document was written.  There is a note on the document that states 摘xpedie a Mr. James O誰eill, 21st January 1850.  The first word is difficult to read but it is possible this was a French term for 都ent to.  Although the first piece of land mentioned in the document is not numbered, I believe it to be Lot #23, the lot that was supposed to be for John痴 brother James, who it appears never made it from Ireland.  The other piece of land was Lot #22 given to John when he arrived about 1819.