16th November 1864

Sale (Vente)

From Thomas O誰eill

To Joseph Harriet

Ratification by Judith Duffy, widow

         of John O誰eill

From records of Benjamin Lelievre,

Notary   Public

Record No. 1306

Quebec Archives Film #4MO1-4421, Images 631+

 

 

On this day the sixteenth of November in the year of our Lord one thousand eight hundred and sixty four, before us the undersigned Notaries Public duly commissioned and sworn for Lower Canada residing in the District of Quebec personally came and appeared Thomas O誰eill, farmer and Bridget Martin, his wife, by him duly authorized for the effect hereof, both residing in the Seigniory of Saint Gabriel, at the place called ValCartier, of the one part;

 

            And Joseph Harriet, of the same place, farmer, of the other part.

 

            Which said parties have covenanted and declared, promised and agreed to and with each other in manner following.   That is to say; the said Thomas O誰eill and his said wife, authorized as aforesaid have and by these presents do sell, transfer, convey, assign and make over from henceforth and forever with warranty jointly solidairement one for the other and one of them for the whole, from all encumbrances, mortgages, dowers, debts, claims and demands whatsoever unto the said Joseph Harriet, accepting hereof purchased for himself, his heirs and assigns, that is to say.  Firstly, a certain lot of land situate and being in the Seigniory of Saint Gabriel aforesaid in the fifth concession,

being lot number twenty two, containing three arpents in front by thirty seven and a half arpents more or less in depth, bounded on one side to the southwest in front by the line between the fourth and firth concession and to the northeast, the depth of 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.  Secondly, another lot of land situate in the Seigniory of Saint Gabriel aforesaid in the fifth concession, being lot number twenty three, containing three arpents in front, by thirty seven arpents and a half more or less in depth, bounded to the southeast, in front by the line between the fourth and firth concession, to the northeast in depth to the Seigniorial line to the southeast by lot number twenty two herein first above described and to the southwest to a triangle, together with the house, barn and other buildings thereon erected and such as the whole now stands without any reserve whatsoever, the said purchaser declaring himself therewith satisfied, having viewed and examined the same.

 

            To the vendor belonging, the said above said and described two lots of land, part as having acquired by and in virtue of a certain deed of sale, consented to the said Vendor by James O誰eill, his brother, as appeareth by the deed thereof, executed at Quebec, before A.G. Cannon and colleague notaries, bearing date the seventh of October one thousand eight hundred and forty six and partly and in virtue of the last will and testament of the late John O誰eill, made and received before the Reverend Hugh Paisley and witnesses, bearing date the thirteenth day of October one thousand eight hundred and forty one and proved on the twenty seventh of November, one thousand eight hundred and fifty five.

 

            Being the said lots of land in the of the domain of the Representatives of the late Order of Jesuits in Canada and toward them charged with such seigniorial rents, the exact amount whereof the parties could not ascertain.

 

            This present sale and conveyance is thus made subject to the payment by the said purchaser of such seigniorial rents which are now due and those which will become due, in future and for and in consideration of the price or sum of fourteen hundred dollars on account of which said sum the said Vendors, so hereby acknowledge and confess to have received from the said purchaser previous to the execution hereof the sum of seventy five dollars, in consequence whereof they hereby give and grant the said purchaser a receipt for so much, don稚 Quittance d cuitant, and to the sum of thirty hundred and twenty five dollars, remaining due, the said purchaser doth hereby bind and oblige himself, his heirs and assigns at the following terms to wit;  two hundred dollars in one year from the first of May next ensuing, two hundred dollars in two years from the said first of May next, two hundred dollars in three years from the first of May next, two hundred dollars in four years from the said first of May next, two hundred dollars in five years from the said first of May next, two hundred dollars in six years from the said first of May next, and one hundred and twenty five dollars for the full and perfect payment in seven years from the said first of May next and with interest thereon at the rate of six per centum per annum; said interest to be computed from the said first of May next and payable yearly, said interest to diminish in proportion to each payment.

 

            And for the security of the said sum of thirteen hundred and twenty five dollars remaining due and of the interest which will thereon accrue and become due the said purchaser doth hereby Firstly, specially bind, oblige, mortgage and hypothecate the said above sold and described lots of land, the sum understood hereby expressly reserving all their rights and privileges of Bailleur de fondo.

 

            Secondly, the said purchaser doth hereby specially, bind, oblige, mortgage and hypothecate two certain lots of land being number five and six situation lying and being in the Seigniory of St. Gabriel aforesaid in the fifth concession, northwest of River Jacques Cartier, containing the said two lots together six arpents in front by thirty arpents more or less in depth, bounded in front by the River Jacques Cartier, and in the rear by ungranted land, on one side to the west by the property of Edward Brown on the other side to the east by Laurence Corrigan.

 

            And by these presents the two Bridget Martin authored as aforesaid hath of her own free will and accord renounced as well for herself as for the children born or to be born of her marriage with the said Thomas O誰eill to all dowers and to all right of dowers whatsoever whether or conventional or in virtue of any title whatever which she may or might have on the said above sold and described lots of land.

 

            To those presents personally came and appeared Judith Duffy, widow of the late John O誰eill, residing at ValCartier aforesaid which said Judith Duffy, after having taken communication and lecture was made to her, by Benjamin Lelievre, one of the undersigned notaries, of the foregoing deed of sale, which she declared well to understand, hath and doth hereby ratify, allow and confirm the same, being willing and agreeing that it be executed according to its full form, tenor and meaning, freely renouncing to all claims, pretentions and demands whatsoever she may or might have hand on the premises, therein described and sold and in consideration of the premises, the said Vendors do further cede, transfer, convey assign and make over all their right, title, interest, property, right of property claims and demands, whatsoever which they may or might have in to and over the said above sold and described lots of land and to and over every part and parcel thereof being willing and agreeing that the said purchaser his heirs and assigns do hold, use, occupy, possess and enjoy the same in full property from henceforth and forever and that he or they be put in good and lawful possession and investiture by and in virtue of these present.  And for the due execution of these present the parties have made of Domiciles at their actual residences at which place, thus promising, obliging, renouncing and ratifying.

 

            This done and executed in the District of Quebec aforesaid at ValCartier aforesaid, at the residence of the said vendors on the day and year first above written, under the number one thousand three hundred and six and the said vendors and purchaser have after the due reading, have signed with the said notaries having the said Judith Duffy declared that she could not write nor sign her name, but made her ordinary mark by a cross in faith and testimony of the promises.  Marginal notes approved are goo.  Words struck out are null.

 

Signed:  

Thos O誰eill

Joseph Harriet

Bridget Martin

Judith Duffy, her mark

Benj. Lelievre

 

Transcribed by Patricia Balkcom, 14 January 2011

My Notes:

The O誰eill痴 moved to the farm at Little River shortly before they sold all of their land through this transaction.  The Valcartier land had been in the family for over 40 years.  It can only be assumed that Thomas believed the land at Little River would be more fertile and more productive than the Valcartier land.  The other interesting item in this document is that it states John O誰eill痴 will was 菟roved in 1855 another clue in finding that will.