Series 1873 -1900 R.G. 16 Land Conveyance Liber 39 Folio 731 -733 Queens County
No. 677 Dated May 28th AD 1890
Thomas Campbell and Joseph McAleer
Conveyance registered 10th day
November AD 1896
at 3:55 o'clock P.M. on oath of H.J. McKinnon
This Indenture made the twenty eighth day of May in the year of our Lord one thousand eight hundred and ninety six Between Thomas Campbell of Charlottetown in Queens County in the Province of Prince Edward Island in the Dominion of Canada Trader hereinafter called the grantor of the one part and Joseph McAleer of Hope River Township Number Twenty Two in Queens County in said island farmer hereinafter called the Grantee of the other part.
Whereas to an indenture dated the twenty sixth day of October one thousand eight hundred ninety four and expressed to be made between Owen McAleer of the one part and the said Thomas Campbell of the other part in consideration of four hundred and fifty dollars by the said Thomas Campbell to the said Owen McAleer paid.
The said Owen McAleer did grant the hereditaments mentioned to be hereby granted unto and to the use of the said Thomas Campbell his heirs and assigns subject to a proviso for redemption of the same premises on payment by the said Owen McAleer his heirs executors administrators or assigns unto the said Thomas Campbell his heirs executors administrators or assigns of the sum of four hundred and fifty dollars with interest for the same after the rate and at the time therein mentioned.
And it was by the said indenture agreed and declared that in case default should be made in payment of the said sum of four hundred and fifty dollars or the payment of the yearly interest thereon or of any part thereof respectively at the times and in the manner hereinbefore appointed for payment of the same respectively, the said Thomas Campbell may and at anytime thereafter without any further consent on the part of the said Owen McAleer his heirs executors administrators or assigns sell the said premises or any part or parts thereof either together or in parcels and either at public auction or private contract with power to make any stipulation as to title evidence thereof the payment of the purchase money or otherwise and to buy in the same premises or any part of them and to rescind or vary any contract for sale and resell without being answerable for any loss and to convey the same premises when sold as the purchaser or purchasers thereof should direct.
And it was by the said indenture provided that upon any sale purporting to be made in pursuance of the said indenture no person or persons should be obliged to inquire whether any default had been made or whether any money is owing on this security or in anywise to ascertain the propriety or regularity of any such sale or be affected by express notice that any sale was improper and that the receipts of the said Thomas Campbell for the purchase money of the premises sold should discharge the person paying the same therefrom and from all responsibility of seeing to the application thereof and from being answerable for any loss misapplication or non application thereof.
And whereas the said Grantor Thomas Campbell in exercise of the said power of sale has agreed to bill to the said grantee at the price of four hundred and ninety five dollars the fee simple in possession of the said hereditaments intended to be hereby granted .
Now this indenture witnesseth that for effectuating the said sale and in consideration of the sum of four hundred and ninety five dollars this day paid to the said grantor by the said grantee (the receipt whereof the said grantor doth hereby acknowledge) he the said grantor doth hereby grant unto the said grantee his heirs and assigns all that tract piece or parcel of land situate lying and being on Lot or township Number twenty two in Queens County Prince Edward Island bounded and described as follows:
Commencing at a square stake fixed on the West side of the East line of road at the South boundary of land formerly leased to Owen McAleer the elder thence running West fifty two chains and seventy five links thence south nine chains and fifty links thence East to the said road thence along the said road nine chains and fifty links to the place of commencement containing fifty acres of land a little more or less being the land described in a certain indenture of lease made the thirty first day of March AD 1840 between Lawrence Sullivan of the one part and Owen McAleer the younger of the other part.
Also all that other tract piece or parcel of land situate lying and being on lot number twenty two in Queens County bounded as follows:
Commencing at a stake fixed on the East side of the East Settlement Road at the North West angle of land leased to Andrew Cullen thence East fifty two chains and seventy links or to the division line between Townships Numbers Twenty two and Twenty Three thence North nineteen chains on the said line, thence West to the said road thence South along the road nineteen chains to the place of beginning containing one hundred acres of land a little more or less being the land mentioned and described in a certain indenture of lease made the twenty ninth day of April 1844 between Lawrence Sullivan of the one part and one James O'Brien??? of the other part together with all buildings fixtures, rights, easements, advantages and appurtenances whatsoever to the said hereditaments appurtaining with the same held or enjoyed or reputed as part thereof or appurtenant thereto to hold the said premises unto and to the use of the said grantee his heirs and assigns forever discharged from all equity of redemption and claims under the said indenture of the twenty sixth day of October AD 1894.
And the said grantor hath not done or knowingly suffered or been party or privy to anything whereby the said premises or any part thereof are, is or can be impeached, incumbered or affected in title or otherwise. In witness thereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.
Signed Sealed and Delivered in the presence of H. J. McKinnon