Erie County (PA) Genealogy

Land Records
1913 Kessler Mortgage

Contributed by Janine McCoy


The document below was contributed by site visitor Janine McCoy. The Indenture was her grandparent's mortgage for property that was part of "The Gingrich Farm subdivision" located on 29th Street between French and Holland. Her grandparents told her that their house was the first to be built on the hill of 29th Street. An interesting question has been raised about the mortgage. The Kessler's borrowed $1800.00 because the house was $2100.00. Why does it mention $3600.00? Does that mean that if they defaulted they would owe double? Any comments or questions concerning this material may be directed to Janine McCoy.


This Indenture,   Made the twenty-eighth day of October in the year of our Lord one thousand nine hundred and thirteen BETWEEN  Philip J. Kessler and Elizabeth Kessler, his wife, of the City of Erie, County of Erie and State of Pennsylvania, party of first part, and the MUTUAL BUILDING AND LOAN ASSOCIATION  of City and county of Erie, and State of Pennsylvania, party of second part.

Whereas, The said party of the first part, by their bond or obligation bearing date the twenty-eighth day of  October in the year of our Lord one thousand nine hundred and thirteen stands bound unto the said party of the second part in the sum of Thirty-six hundred  ($3600.00) Dollars, conditioned for the payment of Eighteen hundred ($1800) Dollars, within such time that each and every share of the capital stock shall have arrived at the par value of Two hundred Dollars, as provided by the Charter and By-Laws of the aforesaid Association, with interest and premium, and payable on the first Monday of each month hereafter, together with the weekly dues on nine shares of capital stock now owned by party of first part, and such fines, etc., as may be imposed thereon, under the Constitution and By-Laws of the Association aforesaid

AND FURTHER CONDITIONED, That the said party of the first part shall have and keep the buildings on the premises herein described insured against loss or damage by fire during the entire term this Mortgage and accompanying Bond remain due and unpaid, to the amount of $1500.00 for the benefit, use and protection of party of second part or its legal representatives fully approved; and shall have the said insurance properly endorsed and recorded on the books of the Company or Companies as for the benefit, use and protection of party of second part, its successors, assigns, etc.; and shall order the said sum to be paid to Mortgagee, its successors or assigns, in case of fire; and shall deliver all policies, certificates and receipts relating to said insurance to party of second part or its legal representatives; in default whereof, party of second part or its legal representative may effect such insurance to the amount stated, and renew the same as often as my be required, and the premium money and other expenses thereof shall be added to the principal of this Mortgage and accompanying Bond and constitute a part of the same, and draw interest from the date of payment, and be a lien upon the mortgaged premises to all effects and purposes, and subject to all the rights of party of second part in this Mortgage expressed, the same as if it had been a part of the original sum secured by these presents; as by the said Bond and condition may more fully appear.

Now this Indenture Witnesseth ,  That the said party of the first part, in consideration of the said debt or sum of Eighteen hundred  ($1800.00) Dollars owing to the said party of the second part as aforesaid, and for the better securing the payment thereof, with interest, premium, fines, dues and insurance, according to the condition of the said bond, have granted, bargained, sold, and by these presents do grant, bargain and sell unto the said party of the second part, its successors and assigns, all that certain piece of land situate in the City of Erie, County of Erie, and State of Pennsylvania, bounded and described as follows, to-wit:-

Beginning at a point in the North line of Twenty-ninth Street, one hundred ten (110) feet West of the West line of Holland Street; thence Northwardly and parallel with Holland Street, one hundred fifty-nine and eighty-three one-hundredths (159 83/100) feet to a point; thence Westwardly and parallel with Twenty-ninth Street, forty (40) feet to a point; thence Southwardly and parallel with Holland Street, one hundred fifty-nine and eighty-three one-hundredths (159 83/100) feet to the North line of Twenty-ninth Street; and thence Eastwardly along the North line of Twenty-ninth Street, forty (40) feet to the place of beginning.  Being lot number sixteen (16) in Block number one of the Builders Realty Company subdivision of the Gingrich Farm as recorded in Erie County Map Book No. 1, page 367,

together with all and singular appurtenances.  To Have and to Hold the said tract of land, with the appurtenances unto the said party of the second part, its successors and assigns forever.  Provided, Always, Nevertheless,  That if the said party of the first part their heirs, executors, administrators or assigns, shall pay unto the said party of the second part, its successors, attorney or assigns, the sum of Eighteen hundred ($1800.00) Dollars, with interest, premium, fines, dues and insurance, according to the condition of the above in part recited bond or obligation, then and from thenceforth these presents and every matter and thing therein contained shall cease and be utterly null and void.

PROVIDED FURTHER,  In case of default of the payment of the INTEREST, PREMIUM, FINES, DUES AND INSURANCE MONEY, as aforesaid, or any part thereof, or of any payment or condition, according to the terms of this Mortgage and the accompanying Bond, that thereupon it shall bse lawful for said Mortgagee, or its legal representatives, to sue out forthwith a writ or writs of Scire Facias upon the present Indenture of Mortgage, with the same force and effect as if twelve months nect ensuing the last day whereon the principal moneys hereby secured ought to be paid (according to the condition of the above recited obligation) had fully run out and expired—any law, usage or practice to the contrary notwithstanding—upon which Scire Facias, when so sued out, judgment may be entered in favor of said Mortgagee, its successors and assigns, and against said Mortgagor, for the whole amount of the debt hereby secured which then remains unpaid, to which may be added five per cent on the whole sum as attorney’s fees for collecting the same upon which judgment execution may be issued, but shall be stayed upon the payment before sale of the amount of said debt, interest, premium, fines, dues, insurance money ad collection fee that shall at any time be due and payable by the terms of this Mortgage, and costs of suit.  And execution may be issued upon said judgment as often as default shall be made in the payment of debt, INTEREST, PREMIUM, DUES, OR INDURANCE MONEY, OR EITHER, or party of the second part may at its option collect entire balance owing.

In Witness Whereof,  The said party of the first part have hereunto set their hand and seal the day and year first above written.

Signed, Sealed and Delivered in the presence of  W. J. Young

Philip J. Kessler

Elizabeth Kessler

ERIE COUNTY, ss.  Before me, the subscriber, a Notary Public in and for said County, personally came the above named Philip J. Kessler and Elizabeth Kessler, his wife, and acknowledged the above Indenture to be their act and deed to the end that the same might be recorded as such.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 22nd day of November A.D. 1913    W.J. Young


Additional information received after this page was posted:
The back of the document contains the following -

ERIE COUNTY, ss.
         Recorded in the Recorder;s Office  Erie,
         Erie County, in Mortgage Book 80
         Page 20
 
WITNESS my hand and seal of said office this  24 day of Nov. 1913
                                       Chas E. Strick.
                                        Recorder

Janine McCoy has also indicated that Peter Eller was the agent for the land sale and the price for the piece of land was $600.00.

Change History: Page originally posted March 13, 2004. Added info 3/15/04.


This page was last updated on  Monday, March 15, 2004 .

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