Monday, August 3, 2020

November 6, 1869 - Indenture

Eleven months following the purchase of land adjoining the property on which the Browne school was located, an indenture was filed on November 6, 1869.

November 6, 1869 Indenture

Edwin Pierce* paid $500 to his father, Richard Pearse resolving a mortgage dated March 16, 1858.    I do not have a copy of that mortgage but according to this indenture document, it is located in Book 13 of mortgages, page 338.   If anyone obtains a copy of the original mortgage, please let me know in the comment section.    

What makes this document unusual is that the outstanding debt was not resolved and filed prior to Richard Pearse selling the property to James Lock in February of 1869.     By today's standards, Mr. Lock would not have had clear title to the property at the time of purchase.

A secondary issue that remains unanswered is why would Edwin take out a mortgage on a property 3 years after he had already transferred the property to his father?    Documents are missing between these transactions which would explain the sequence of events.   Again, if anyone can track down the transactions involving the 'South West Quarter (SW 1/4) of Section One (1) Township Thirty Nine (39) North of Range Three (3) East of the 3rd Principal Meridian" that I have not posted (between the years 1853 and 1869), please contact me by posting a comment.



*The Pearse family changed the spelling of their name to Pierce.

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