Reference
X95/295
Title
Item previously catalogued as "Chancery: Moss v.Sworder"
Date free text
6 Feb 1877
Production date
From: 187
Scope and Content
Item previously catalogued as "Chancery: Moss v.Sworder"
Draft supplemental agreement by Edward Burr and Richard Hatley Crabb to be annexed to an agreement for sale to Thomas Sworder of Luton in the Chancery case of Moss v. Sworder 1875 S.No.118
Parties:
(i) Edward Burr of Leamington [Warwickshire], esquire; Richard Hatley Crabb of Great Baddow [Essex], esquire;
(ii) Thomas Joseph Sworder of Hertford, solicitor
Reciting:
- some of the annexed properties [not annexed to this copy but see X95/296-301] were annexed to affidavit of Matthew Skinner Longmore filed on 27 Feb 1876 and known as The Old Brewery, Park Street, Luton and its licensed houses were conveyed to (i) in mortgage of 31 Jul 1860 between (1) Edward Burr and Richard Hatley Crabb; (2) Elizabeth Burr, widow; (3) Thomas Sworder of Luton; (4) Thomas Sworder of Hertford in which (4) paid £6,250 (part of the purchase money of £42,250) and promised to pay the sum of £35,000 (the remainder of the purchase money) which then became a mortgage by (4) to (1);
- at the date of the memorandum of agreement of 15 Oct 1874 £35,000 with arrears of interest was owing to (i);
- memorandum of agreement of 15 Oct 1874 in which (i) agreed the mortgage of date of about £38,000 to remain for 5 years from 8 Oct 1874 on condition that deeds representing £5,000 worth of property were deposited with them by (ii);
- deeds of £3,000 worth of property belonging to Joseph Rayment were deposited by him with (i) as collateral security for the mortgage to the extent of £3,000;
- more than £27,143 was owing to (i) but the accounts between (i) and (ii)'s estate had not yet been finally adjusted;
- (ii) had asked (i) to concur in a sale to Thomas Sworder of Luton of annexed property and to return Joseph Rayment's deeds to him on their receiving from Thomas Sworder £27,143, in part repayment of the mortgage and arrears, leaving a residue of property with them as security for the remainder, to which the mortgagees consented
Operative Part:
- on completion of Thomas Sworder's purchases, (ii) would pay £27,143 to (i);
- on payment (i) would convey the annexed properties to Thomas Sworder
Approved on behalf of (i) by Charles Stockdale Benning of Dunstable, solicitor
Witnesses:
- Charles Stockdale Benning;
- Matthew Skinner Longmore