The following deed describes a mortgage default on a parcel of land bounding the east side of Owego Creek west of Owego Village, New York. The parcel was sold by Tilson and Peter Woods to Daniel Ferguson, Jr. who appears to have defaulted on the mortgage; the mortgage assumed initially by Evert Green, and then by John H. Avery. Once the property was sold at auction to John Avery, he in turn sold it to James Pumpelly of Owego.
State of New York
Evert Green of the Town of Chenango, County of Broome, being duly saith that on the twenty first day of December in the year one thousand eight hundred and eighteen , he affixed on the outward door of the Court house in the Town of Chenango, County of Broome, a notice of which annexed is a copy, dated December 21st A.D. 1818 — E. Green
Whereas default has been made in the payment of a certain sum of money secured to be paid by a mortgage, bearing date the 24th day of July 1817, executed by Tilson Wood and Peter Wood, Jun. to Daniel Ferguson, Jun. — And whereas, the said mortgage and the monies due, and to become due thereon, have been duly assigned to John H. Avery — Notice is therefore hereby given, that by virtue of a power contained in said mortgage, and pursuant to the statute in such case made and provided, will be sold at public vendue on the last Saturday of June next, an ten o’clock, A.M. at the house now occupied by Edward Edwards, innkeeper, in Owego Village, Broome County, all that certain lot, piece or parcel of land lying and being in the town of Owego, & county of Broome, being part of lot number twelve in M’Master’s half township, (So called,) beginning at the south-easterly corner of said lot, being a white pine stump, and running from thence north, twelve degrees and forty five minutes east, eighteen chains and thirty links to a white oak tree, being the north easterly corner of said lot; thence north, seventy seven degrees and fifteen minutes west, sixty two chains and ten links to the Owego Creek; then south, thirty six degrees and ten minutes west, two chains and fifty links; thence south, seventy three degrees west, two chains and sixty seven links; thence north seventy eight degrees and fifteen minutes west, two chains and eighty three links; thence south, twenty six degrees and twenty five minutes west, two chains and ninety five links, to a stake standing in the mil pond; thence south, sevety one degrees and twenty minutes east, five chains and fifty links to a beech tree; thence south thirty four degrees west, two chains and twenty links to a stake on the north side of a cherry tree; thence south, seventy seven degrees and fifteen minutes east, twenty eight chains and eighteen links; thence south, twelve degrees and forty five minutes west, nine chains and four links; thence south, seventy seven degrees and fifteen minutes east, thirty six chains and twenty seven links to the place of beginning; containing ninety five acres and fifteen perches of land. — December 5th, 1818
John H. Avery
William Platt, Attorney
The above sale is postponed till the sixteenth day of August next, then to take place at the same time of day and place above mentioned. — June 26, 1819.
John H. Avery
William Platt, Attorney
Broom County. John A. Collier of the Town of Chenango, County of Broome, being duly sworn saith that on the first day of July 1819 he affixed on the outward door of the Court House in the Town & County aforesaid a postponement of the above mentioned sale until the sixteenth day of August 1819. A copy of which postponement is above annexed. — John A. Collier
Broome County; I certify that John A. Collier in the preceding affidavit named to me known personally appeared before me on the 29th day of December 1819, and being duly swrn made oath to the truth of the matters contained in the said affidavit. — John R. Drake
Broome County; Stephen B. Leonard, Editor & Printer of a paper printed and published in the Town of Owego & County of Broome being duly sworn deposeth and saith that the notice of which the annexed is a copy has been regularly published in the said paper for six months successively, once in each week, previous to and immediately preceeding the last Saturday in June last, commencing on the Eighth day of December 1818 and that the notice of the postponement of the said sale, a copy whereof is also annexed together with the aforesaid notice were regularly published in the said papers from the the said last Saturday in June, once in each week, until the sixteenth day of August last. Dated Owego Village, the ninth day of May, A.D., 1820. — S. B. Leonard
Broome County; I certify that Stephen B. Leonard in the preceeding affidavit named, a person to me known, before me personally appeared on the ninth day of May, A.D., 1820, and being duly sworn, made oath to the truth of the matters set forth in the said affidavit. — Anson Camp, one of the judges of the Court of Broom Common Pleas
Broome County; John Ripley of the Town of Owego in the County of Broome, being duly sworn says that on the sixteenth day of August in the year 1819 at about ten o’clock in the forenoon, this deponent attended at the house then occupied by Edward Edwards, inn keeper, in Owego Village, and as the agent of John H. Avery in the said notice mentioned exposed the said premises in the said notice described to sale at public auction to the highest bidder, this deponent officiating as auctioneer on that occasion that several persons attended at the time of the place of sale, and different bids were offered for the said premises; and that the said sale having been kept open for a reasonable length of time the said premises were stricken off to the said John H. Avery for the sum of Three Hundred Dollars, that being the highest sum that was bid for the said premises. And this deponent further saith that the said sale was conducted in a fair, open & public manner. And further this deponent saith not. Dated, Owego Village, the ninth day of May A.D. 1820. — John Ripley
Broome County; I do hereby certify that the above named John Ripley, a person to me known, this day personally appeared before me and being duly sworn…in the preceeding affidavit. Dated the ninth day of May, A.D. 1820. — Anson Camp, one of the Judges of the Court of Common Pleas of Broome County.
Know all men by these presents that I, John H. Avery, above named, in consideration of the sum of one hundred dollars to me in hand paid by James Pumpelly of Owego, Broome County, the receipt whereof I do hereby acknowledge…sell and quit claim unto the said James Pumpelly and to his heirs and assigns forever, all my right [and] title…to all that certain lot, piece or parcel of land in the above notice particularly described and set forth with all and singular the hereditaments and appurtenances thereunto belonging. In witness whereof I have hereunto set my hand and seal this tenth day of May in the year 1820. — John H. Avery
Sealed & delivered in the presence of William Platt
State of New York
I hereby certify that William Stuart, John R. Drake, and Anson Camp, whose several signatures appear to the above certificate were at the time of taking the several affidavits, acting Judges of the Court of Common Pleas in and for the County of Broome an duly authorized to take the same. — That I am acquainted with the hand writing of the said several judges and verily believe the signatures to the above several certificates to be their proper hand writing.
In testimony wherof I have hereunto set my nae and affixed my seal of the county at the clerk’s office this 21 day of May 1823. — Daniel Evans, Clerk of said County.