David Galbreath - property dealings

Mortgage - Washington County, State of New York - Mortgage Book B, pg 291

Be it remembered that on the XII day of January in the year of our Lord MDCCXCVII (1798) Andrew Mitchell of the City and State of New York Merchant and Margaret his wife did execute to David Galbreath and Thomas Elmes of said City Merchant their certain Indenture of Mortgage thereby conveying in fee to the said David Galbreath and Thomas Elmes the lands &c therein described of which mortgage the Registry here followeth 

Names of the Mortgagors

Andrew Mitchell of the City and State of New York Merchant and Margaret his wife. 

Names of the Mortgagees 

David Galbreath and Thomas Elmes of said City Merchant.

Date of the Mortgage 

XII day of January MDCCXCVIII 

The Mortgage money and the time or times payable 

Two thousand & thirty seven dollars payable as described in the following recital in the said mortgage contained viz :

Whereas the said Andrew Mitchell for value received hath signed and delivered to the said Galbreath & Elmes his promissory note bearing even date with these presents for two thousand and thirty seven dollars payable to the said Galbreath & Elmes or order Sixty days after thereof as by reference to the same will more fully appear 

Now this Indenture Witnesseth that as well for better or more sure payment unto the said Galbreath & Elmes their executors, administrators or assigns of the said sum of two thousand and thirty seven dollars according to the tenor of the said promissory note as also for and in consideration of the sum of one dollar &c. 

Description and Boundaries of the messuages, lands, tenements or hereditaments mortgaged

“All that tract or parcel of land lying in the town of Whitehall County of Washington and State of New York aforesaid and bounded as follows viz :
Beginning at the Beech Tree marked on the West side of the waters running from Wood Creek into Lake Champlain about a mile South of the Narrows so called between a place called by the name of the Cold Spring and White Hall Landing,
and running thence West one hundred and sixty chains,
thence South one hundred and sixty chains,
thence East one hundred and thirty chains to the said waters,
and thence Northerly down along the same as it turns and winds to the place of beginning 

Containing two thousand one hundred and seventy acres, together with all and singular the hereditaments and appurtenances to the same belonging or appertaining, And the reversion and reversions, remainder and remainders, rents, issues and services thereof, And all the estate, right, title, interest, property, dower, claim and demand at Law and in Equity of the said Andrew Mitchell and his wife and each of them of in and to the same. 

The time when the Mortgage is registered 

Registered the fourth day of March MDCCXCVIII for David Galbreath and Thomas Elmes.

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Record of the Proviso of the above Registered Mortgage and of the power to the mortgage to convey in fee and of one other covenant in the same contained 

Provided always and these presents are upon the express condition nevertheless, that if the said Andrew Mitchell his heirs, executors or administrators or any of them do and shall well and truly pay or cause to be paid unto the said Galbreath & Elmes their heirs, executors, administrators or assigns the said sum of two thousand and thirty seven dollars in discharge of the said recited as the same shall become due and payable then this present Indenture and every article, clause and thing herein contained shall cease determine and be utterly void, anything herein before contained to the contrary in any wise not with standing 

And the said Andrew Mitchell for himself his heirs, executors and administrators doth covenant promise and agree to and with the said Galbreath & Elmes their heirs, executors, administrators and assigns that he the said Andrew Mitchell will well and truly pay or cause to be paid the sum of two thousand and thirty seven dollars in discharge of the said promissory note according to the tenor and effect of the same 

And that if default shall be made in the payment of the said promissory note at the time limited therein for payment thereof as aforesaid, then it shall and may be lawful for the said Galbreath & Elmes their heirs, executors, administrators or assigns at any time after such default and they are hereby fully authorized and empowered to sell the said tract or parcel of land and premises in fee simple at public auction or tender agreeably to an Act of the Legislation of the State of New York entitled “An Act to prevent frauds by mortgages and for the securing the purchases of mortgaged estate” passed 26^th February 1788, and to give a good and sufficient Deed and Conveyance thereof, 

And out of the monies arising from such sale to retain the said sum of two thousand and thirty seven dollars and interest thereon from the time of such default together with the costs and charges of such sale, rendering overplus if any to the said Andrew Mitchell his executors, administrators or assigns which sale and conveyance shall from thereafter be a perpetual bar in Law and Equity against the said Andrew Mitchell and his wife & their heirs of all equity of redemption of in and to the said land and premises. 

I certify the above and the contents of the last preceding page to be a true registry of the aforesaid Mortgage  and of the Proviso, Covenant and power to the mortgagees to sell in fee, contained therein examined and compared therewith. J. Honeywood  Cler:Com:Wash 

Note

Andrew Mitchell and David Galbreath were brothers-in-law. They married the sisters Margaret & Cornelia Stites, daughters of Dr. John Stites of New York, Elizabeth Town, Essex Co., New Jersey, and finally of Georgetown, Scott Co., Kentucky.

LDS film # 553377

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