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LD2. Assignment and Confirmation of a Mortgage – 1820

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LD2 – Assignment and Confirmation of a Mortgage for securing £500 and Interest – 5th October 1820


TRANSCRIPT

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This Indenture made the fifth day of October in the first year of the reign of our Sovereign Lord George the fourth by the grace of God of the United Kingdom of Great Britain and Ireland King defender of the faith and in the year of our Lord One thousand eight hundred and twenty  Between Alice Dean of Longthorpe in the Parish of Peterborough in the County of Northampton Widow William Simpson of Milton in the said County Gentleman (the surviving Executrix and Executor named and appointed in and by the Will and Codicil of William Dean late of Longthorpe aforesaid farmer deceased) of the first part  John Boyce of Eastrea in the Parish of Whittlesey in the Isle of Ely and County of Cambridge Farmer Son and Devisee named in the Will of James Boyce late of Eldernell in the Parish of Whittlesey aforesaid Farmer deceased of the second part and Wright Dean of Longthorpe aforesaid Farmer of the third part  Whereas in and by a certain Indenture of Demise or Mortgage bearing date on or about the eighteenth day of March One thousand eight hundred and fifteen and made or mentioned to be made between the said John Boyce of the one part and the said William Dean of the other part  It is witnessed that in consideration of the Sum of five hundred Pounds by the said William Dean to the said John Boyce he the said John Boyce did grant bargain sell and demise unto the said William Dean his executors administrators and assigns the Piece or Parcel of Land Hereditaments and Premises therein and hereinafter particularly mentioned and described with the rights members and appurtenances thereunto belonging  To hold the same to him the said William Dean his executors administrators and assigns for the term of five hundred years from thence next ensuing Subject nevertheless to a Proviso that that on payment of the said Sum of five hundred pounds together with lawful interest for the same on a certain day therein mentioned and since past by the said John Boyce and his heirs to the said William Dean  his executors administrators and assigns that then the said term and every Matter and Thing therein contained should be absolutely void  And whereas the repayment of the said sum of five hundred pounds and interest were further secured to the said William Dean in and by the Condition of a certain Bond or Obligation bearing even date with the said Mortgage and entered into by the said John Boyce to the said William Dean  And whereas the said William Dean in and by his last Will and Testament bearing date the second day of July One thousand eight hundred and seven and a Codicil bearing date the third day of January One thousand eight hundred and fifteen appointed the said Alice Dean together with Francis Hopkinson and William Canwell and the said William Simpson Executrix and Executors thereof  And whereas the said William Canwell and Francis Hopkinson departed this life in the lifetime of the Testator and the said Testator departed this life on or about the third day of October Onethousand eight hundred and nineteen   And whereas the said Alice Dean and William Simpson proved the said Will of the said William Dean in the Prerogative Court  of the Archbishop of Canterbury on or about the twenty first day of January One thousand eight hundred and twenty  And whereas the said sum of five hundred pounds was not paid at the time limited and appointed for payment thereof and the same is still justly due and owing but all Interest upon and for the same hath been paid up to the date hereof  And whereas the said Alice Dean and William Simpson having required payment of the said principal Money and it not being convenient to the said John Boyce to pay the same he hath applied to the said Wright Dean to advance the said Sum of five hundred pounds which he hath agreed to upon the Security after mentioned  Now this Indenture witnesseth that for and in consideration of the sum of five hundred pounds of lawful money of that part of the United Kingdom called England to the said Alice Dean and William Simpson in hand well and truly paid or otherwise satisfied by the said Wright Dean at or before the sealing and delivery of these presents (the receipt whereof or satisfaction for the same they the said Alice Dean and William Simpson do hereby acknowledge and thereof and therefrom and of and from the same and every part thereof do hereby acquit exonerate release and discharge the said Wright Dean his heirs executors and administrators and every of them for ever by these presents and also in consideration of the sum of ten shillings of like lawful Money to him the said John Boyce in hand at the same time well and truly paid by the said Wright Dean (the receipts whereof are hereby respectively acknowledged) they the said Alice Dean and William Simpson Have and each of them Hath bargained sold assigned transferred and set over and by these presents Do and each of them Doth bargain sell assign transfer and set over and the said John Boyce hath granted ratified and confirmed and by these presents doth grant ratify and confirm unto the said Wright Dean his executors administrators and assigns All these fifteen several pieces or parcels of Land or Ground called White fen including the Droves with the Barns and other Buildings thereon erected situate lying and being
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within the Hamlet of Benwick in the Isle of Ely in the County of Cambridge containing together by admeasurement one hundred and fifty eight acres one rod and twenty perches (be the same more or less) as the same are now in the occupation of the said John Boyce and were purchased with other Estates by the said John Boyce of the right honourable Lord Eardley and his trustees and given and devised to the said John Boyce in and by the last Will and Testament of the said James Boyce Together with all houses, outhouses, edifices, ways, paths passages waters watercourses hedges ditches mounds fences trees woods underwoods commons and common of pasture profits commodities hereditaments and appurts [appurtenances] : to the same premises belonging or in any wise appertaining or held used occupied or enjoyed therewith or any part of the same  And the reversion and reversions remainder and remainders rents issues and profits of all and singular the said Premises hereby assigned and transferred or intended so to be  And all the estate right title interest inheritance use trust possession property claim and demand whatsoever both at law and in equity of them the said Alice Dean William Simpson and John Boyce of in and to the same premises and every part and parcel thereof and for the consideration aforesaid they the said Alice Dean and William Simpson Have and each of them hath bargained sold assigned and set over unto the said Wright Dean his executors administrators and assigns All that the said principal Sum of five hundred pounds so due and owing upon the said herein before in part recited Mortgage and Bond and all Interest and other Sums of Money which hereafter shall or May grow or become due and owing for in respect of the same  And also the herein before in part recited Indentures of Mortgage and the said Bond and all other deeds securities and writings given or obtained for the better securing the said Sum of five hundred pounds and interest and all benefit and advantage to arise from the same respectively  And all the estate right title interest use trust property benefit claim and demand whatsoever both at law and in equity of them the said Alice Dean and William Simpson therein and thereto To have and To hold the said land hereditaments and all and singular other the premises hereby or intended to be hereby assigned ratified and confirmed with their and every of their appurtenances unto the said Wright Dean his executors administrators and assigns for and during the rest residue and remainder of the said term of five hundred years and to have hold take receive and to enjoy the said principal Sum of five hundred pounds and interest and all and singular other the mortgage deeds and securities herein before assigned or otherwise assured as aforesaid unto the said Wright Dean his executors administrators and assigns To and for his own use and benefit freed and discharged of the aforesaid Proviso for redemption of the premises but subject to the Proviso after mentioned  And the said Alice Dean and William Simpson for themselves their executors and administrators do hereby covenant to and with the said Wright Dean his executors and administrators in manner following (that is to say) that they the said Alice Dean and William Simpson have not nor hath any or either of them heretofore made done or committed any act matter deed ot thing whatsoever whereby or by means whereof  the said hereby assigned premises or any part or parcel  are is can shall or may be assigned surrendered impeached charged or incumbered in title charge estate of otherwise howsoever   And moreover that they and all and every person and persons at any time hereafter claiming under them shall at all times when thereunto requested at the proper costs and expence of the said John Boyce his heirs and assigns or the Person or Persons requiring the same make do and execute or cause to be made done and executed all and every such furtherand other acts deeds conveyances and assurances in the law whatsoever for the further better more perfectly and absolutely assigning transferring and assuring the said Mortgage debt Securities and premises (subject only to such equity of redemption as aforesaid unto the said Wright Dean his heirs executors administrators and assigns according to the nature and quality of the same respectively for his and their absolute use and benefit in such manner and form as he or they or his or their counsel in the law shall reasonably advised and require Provided always and these presents are upon this Condition nevertheless that if the said John Boyce his heirs executors or administrators or the person or persons intitled to the inheritance of the said Premises shall and do well and truly pay or cause to be paid unto the said Wright Dean his executors administrators or assigns the full and just Sum of five hundred pounds of good and lawful money of Great Britain with all lawful Interest for the same on the fifth day of April next ensuing the date hereof making or demanding thereout any deduction or abatement for by reason or in respect of any taxes charges or assessments or other matter cause or thing whatsoever taxed charged assessed or to be taxed charged or assessed on the aforesaid Premises or any part of the same or on the said sum of five hundred pounds or the interest thereof or on the Parties hereto in respect thereof by authority of Parliament or otherwise howsoever that then or at any time thereafter the said Wright Dean his heirs executors and admors [administrators] and all other Persons interested in the said Premises In trust for him shall and will at the request costs and charges of the said John Boyce his heirs executors and administrators or such Person or Persons aforesaid or as he or they shall direct or appoint or assign surrender or otherwise assure all and singular the lands and hereditaments hereby assigned or otherwise assured or intended so to

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be with their appurtenances  for all his estate and interest therein under or by virtue of these presents unto the said John Boyce his heirs and assigns freed and discharged of and from all Incumbrances in the mean time done permitted or suffered and the said John Boyce for himself and his heirs executors and administrators doth hereby covenant promise and agree to and with the said Wright Dean his executors administrators and assigns that he the said John Boyce his heirs executors and administrators shall and will well and truly pay or cause to be paid unto the said William Dean his heirs executors and assigns the Sum of five hundred pounds and Interest at the time and in manner mentioned in the aforesaid Proviso for payment thereof  And further that in case default shall happen to be made in payment of the said Sum of five hundred pounds and interest or any part thereof at the time and in manner aforesaid according to the true intent and meaning of these presents it shall and may be lawful to and for the said Wright Dean his heirs executors and administrators and assigns from thenceforth to enter into and upon and to have hold use occupy possess and enjoy the land hereditaments and premises hereby or intended to be hereby assigned ratified and confirmed as aforesaid with their appurtenances and to receive and take the rents issues and profits thereof to his and their own use without any let suit trouble or denial hinderance or molestation of or by him the said John Boyce his heirs or assigns or any other person or persons claiming or to claim any estate right title or interest into or out of the said premises by from under or in trust for him  And that free and clear and freely and clearly and absolutely acquitted exonerated and discharged of from and against all former and other gifts grants bargains sales surrenders leases mortgages jointures dowers intails wills judgments extents executions uses trusts titles charges and incumbrances whatsoever.  And also that he the said John Boyce and his heirs and all and every other Person or Persons whomsoever lawfully or equitably claiming or to claim any Estate Right Title or Interest of in to or out of the said land hereditaments and premises hereby assigned ratified and confirmed as aforesaid shall and will from time to time and at all times hereafter after default shall be made in payment of the said Sum of five hundred pounds and interest as aforesaid upon every reasonable request of the said Wright Dean his executors administrators and assigns but at the proper costs and charges in the law of the said John Boyce his heirs of assigns make do acknowledge levy suffer and execute or cause and procure to be made done acknowledged levied suffered and executed all and every such further and other lawful and reasonable acts deeds things devices conveyances and assurances in the law whatsoever for the further better more perfect and absolute granting assuring and confirming the said Land Hereditaments and Premises hereby assigned ratified and confirmed as aforesaid with their and every of their appurtenances unto or in trust for the said Wright Dean his heirs executors administrators or assigns as aforesaid as by the said Wright Dean his heirs exors [executors] admors [administrators] or assigns or his or their Counsel learned in the law shall be reasonably devised or advised and required   Nevertheless it is hereby mutually agreed upon between the said John Boyce and Wright Dean that until default shall happen to be made in payment of the said Sum of five hundred pounds and interest as aforesaid it shall and may be lawful to and for the said John Boyce his heirs and assigns to have hold use occupy possess and enjoy the said land hereditaments and premises and receive and take the rents issues and profits thereof to his and their own use any thing herein contained to the contrary thereof in any wise notwithstanding  In Witness whereof the said Parties to these presents have hereunto set their hands and seals the Day and Year first above written.

 

Alice (L/S) Dean        Wm (L/S) Simpson         John (L/S) Boyce

Signed Sealed and Delivered by the within named John Boyce (being first duly stamped) in the presence of
Sarah Sharman of White Fen Whittlesey
Chas. Dowse Clerk to Messrs Morley & Lawrance, Sols. Peterboro’

Signed Sealed and Delivered by the within named Alice Dean and William Simpson in the presence of
Will. Lawrance
Jno Barber

Received on the day of the date of the within written Indenture of and from the within named Wright Dean the Sum of five hundred pounds the consideration money within mentioned to be by him paid to us

Witness                                          Alice Dean
Wm Lawrance             Wm Simpson
Jno Barber

23 Mar 1822 Examd [examined] with the Original and we attest it is to be a true copy

                                                   Chas Dowse      Clerks to Morley
James Rose    
and Lawrance

Reverse side:

Dated 5th October 1820

 

Mrs Alice Dean & Mr Willm
Simpson Executrix & Executor of
Wm Dean deceased

to

Mr Wright Dean

(Attested Copy)

                     Assignment and
                      Confirmation of
a Mortgage for securing £500
and Interest

NOTES & COMMENTS

Explanation of legal terms used in the Transcript

Indenture = a contract binding one party into the service of another for a specified term.

Devisee = beneficiary of a Will

Hereditaments = property that can be inherited

Appurtenance = something associated with another, more important thing; an accessory.

Prerogative Court = a Court with authority in Wills and Administrations

Jointure = a property held by one spouse (historically the husband) and jointly used by both spouses, to be provided to the other spouse in the event of the death of the property holder.

Dower = a spouse’s legal entitlement to a share of a deceased spouse’s property.

L/S = this abbreviation is found between the first name and surname of the signatories to the document which is a copy of the original.  It stands for locus sigilli meaning “place of the seal”.

Comments on the content of the Transcript

This is a document that provides for the repayment of a loan, gives security for the loan and recites previous transactions.  John Boyce was the owner of the properties comprising White Fen having inherited them from his father and/or purchased from Lord Eardley and it is these properties that he gave as security for the loan of £500 to Wright Dean. He had previously entered into an agreement with William Dean but when the latter died he did not pay the £500 borrowed from him but instead approached Wright Dean who paid it to the estate on behalf of Boyce.

In summary:

  • Boyce owned White Fen Farm
  • Wright Dean has ownership rights to the properties including White Fen but only if Boyce defaults in repaying the £500 and in the meantime Boyce has full ownership rights
  • The document suggests that the loan should be repaid by 5th April 1821
  • It is unclear  when the agreement with William Dean provided for the loan to be repaid