Reference
X790/5
Title
Indenture of Assignment and confirmation of
mortgaged estate (2 membranes).
Parties
(i)James Topham of Tythe Farm, Eaton Socon, farmer (one of the sons and sole executor of the will of John Topham as in /2/1(ii), deceased)
(ii)William Giddings of Duloe as in /3(ii)
(iii)William Atkinson of St Neots (Hunts), clerk.
Recitals
Indenture of Mortgage dated 17 Nov 1791 as recited in /2/1.
That Samuel Folbigg after making the mortgage died having by his will dated 9 Dec 1803 given all his real estate in Eaton Socon to his daughter Susanna Giddings (then and now wife of Thomas Giddings; see /2) for life, remainder to his grandson (ii) in fee, which will was proved in the Court of the Archdeacon of Bedford on 12 March 1813.
Indenture of mortgage dated 15 September 1808 as
in /2/1.
That no fine was levied in pursuance of the covenant in the above mortgage.
That John Topham has died having made his will dated 4 Mar 1811 and appointed (i) sole executor who proved the same in the Court of the Archdeacon of Bedford on 8 November 1811.
Indenture of Grant and Release as in /3, the parcels therein being recited here as the mortgaged (ie as in /2) messuage, cottage or tenement now made use of as a public house known by the sign of the Anchor together with 2 cottages erected and built on the piece of land as in /2(b).
That there is now due and owing to (i), as executor, upon the said mortgages the principal sum of £130 only, all interest having been paid.
That (iii) at the instance and request of (ii) has agreed to lend him the sum of £200 to enable him to pay off the said principal and to answer his other purposes on having repayment of the £200 with interest for the same secured by mortgage of the above mortgaged premises.
Operative part
Assignment by (i), at the request and by the direction of (ii), in consideration of £130 paid to (i) by (iii) and _70 advanced and paid to (ii) by (iii), and grant and confirmation by (ii), to (iii) of land as mortgaged in /2/1 etc (see recitals).
Habendum: to (iii) for the unexpired residues of the terms of 500 years and 1000 years created by the mortgage deeds recited above subject to a proviso of redemption upon repayment at or inn the common Dining Hall of Lincoln's Inn of the principal and interest after the rate of £5 per £100 p.a. on 17 October 1823.
Signatures of (i) - (iii)
Dorse:
Signing, sealing and delivery and receipts witnessed by Henry Cooke of St Neots and John Small.
Memorandum dated 30 June 1823 that (iii) has
lent (ii) the further sum of £20 at the same rate of interest for the payment of which with the principal this deed, with the deeds of the mortgaged estate, shall be a security in the hands of (iii).
Witness: HC.
Date free text
17 Oct 1822
Production date
From: 1822 To: 1822
Level of description
item