THOMAS MYLROIE from JAMES KERMODE

Mortgage - 1848 (Lonan)

Know all men by these presents that Thomas Mylroie of the parish of Lonan do hereby own and acknowledge to be and stand justly endebted to James Kermode of the said parish in the full and just sum of seventeen pounds lawful money British currency to the payment whereof well and truly to be made unto the said James Kermode, his executors, administrators and assigns with interest ….. at the rate of five pounds per centum per annum yearly to be paid and all costs and charges attending these presents the said Thomas Mylroie doth bind and oblige himself, his heirs and assigns firmly by these presents and for the further and better security of the said James Kermode, his executors, administrators and assigns in the premises

Further know you that the said Thomas Mylroie hath given, granted transferred and assigned and passed over in security and by these presents do give grant, transfer, assign and pass over in security unto the said James Kermode, his executors, administrators and assigns all and singular the whole of his estate situate in the said parish of Lonan being part or parcel of the estate of Ballacollister and bounded on the north by the rent of John Killip, on the east by the rent of John Killip snr, on the south by the rent of Mr Shaw and Thomas Fargher to have and to hold unto the said Thomas Kermode, his executors, administrators and assigns the said estate, lands and premises with all easements, liberties and appurtenances to the same belonging or in any wise appertaining until payment of the said sum of seventeen pounds with all interest, costs and charges attending these presents

And whereas the said James Kermode hath this day taken an assignment from William Kewley, executor of James Kewley a Bond and Security granted and passed by the said Thomas Mylroie to the said James Kewley deceased for the sum of thirty pounds bearing interest and bearing date the seventh day of November 1849. It is hereby agreed upon by and between the said Thomas Mylroie and James Kermode that the sum of seventeen pounds the amount of the foregoing or additional security with all interest, costs and charges to become due thereon shall become due and payable to the said James Kermode on the seventh day of November one thousand, eight hundred and forty-nine, the time at which the said Bond and Security passed to the said James Kewley will become due and payable and it is agreed upon between the parties that in case default shall happen to be made in the payment of the amount due on the said assignment and on this Bond and Security that it shall and may be lawful for the said James Kermode, his executors, administrators or assigns to sue out execution against the said Thomas Mylroie, his heirs and assigns and thereunder to sell and dispose of the said lands so given in security or a sufficient part thereof to pay off, satisfy and discharge the full amount of the said Bond and Security, and all interest, costs and charges and for the true and faithful performance of these presents the said Thomas Mylroie doth bind and oblige himself, his heirs executors, administrators and assigns in and under the penalty of thirty-four pounds to be levied and paid according to law. Witness his subscription this eighteenth day of November one thousand, eight hundred and forty-eight. The mark X of Thomas Mylroie

Signed and delivered in presence of

The words per annum being first interlined + also Thomas Mylroie

S.S. Royser? Advocate, Douglas, James Quirk jnr X

At Douglas 13 December 1848 S.S. Royser? of Douglas advocate one of the subscribing witnesses to the execution of the foregoing Deed of Bond and Security made oath on the Holy Evangelist that Thomas Mylroie the executing partys thereto duly executed the same in the presence of the deponent and of James Quirk jnr the other subscribing witness. Before me ………………….

Register Office 16 December 1848 I certify that the foregoing Deed was this day at the hour of eleven o’clock forenoon received by me at this office for the purpose of being registered and recorded according to law and that the same is entered in the Registration Book Page 231 No. 1841. JEBWatts, D Reg

Register Office 11th Feb 1854

Cancelled by virtue of the annexed receipt. By me JEBWatts, D Reg

Whereas Thomas Mylroie did grant and pass over his Deed of Bond and Security to James Kermode for the principal sum of seventeen pounds and secured upon all and singular part of Ballacollister in the parish of Lonan and which said Deed bears date the 18th day of November 1848 and whereas the said James Kermode did by Deed bearing date the 8th day of May 1849 assign and transfer the said Deed of Bond and Security of the said 18th day of November 1848 to Philip Killey of the town of Douglas

Now therefore know all men by these presents that I Philip Killey do hereby own and acknowledge to have received and been fully paid the principal, interest, costs and charges due and owing on the said Deed and I therefore hereby order and direct that the said Deed dated may be and stand cancelled upon record. As witness my name this 11th day of November. Philip Killey

Witness present William Isedale

At Douglas At Douglas 11 February 1854 Philip Killey the executing party to the foregoing receipt who is personally known to me acknowledged the same to be his proper act and deed. Before me J.C.Bluett HB

[Ref: Dec 1848 #38]

NOTES

  1. Maybe Thomas Mylroie, son of Thomas Mylroie & Joney Camaish, b1817
  2. Their son was married to Rosanna Kennedy who was still alive during this and other transactions so her name and mark should be on the documents
  3. The documentation mentioned above of the mortgage taken from James Kewley by Thomas has not survived
  4. Ten months earlier Thomas had taken a mortgage on his lands with John Killip for £20, so it would seem that Thomas was becoming deeper in debt
  5. In 1851, Thomas sold the lot to John Killip for £140

Associated Documents

Last updated: Aug 2015