Reference
X790/10
Title
Indenture of Assignment of 2 Mortgage terms, 30 Jan 1845
Parties:
(i)William Atkinson of St Neots as in /5(iii), 6-7 and 9; described here as merchant
(ii)John Hill Day of the same, esquire
Recitals
Indenture of Assignment etc as /5
Deed Poll as /6.
That (i) having occasion for the principal sum of £240 lent and advanced in the above, all interest having been paid, (ii) has agreed to lend the same on having a transfer of the recited securities.
Operative part
Assignment ('bargain, sell, assign, transfer and set over') from (i), in consideration of £240, to (ii) of the two principal sums of £200 and £40 secured as above and the recited Indenture and Deed Poll and, secondly, the land as in /7 described here as:
(a)messuage or dwelling house in Duloe formerly in the occupation of Samuel Folbigg and afterwards of William Giddings and of his widow and then and now used as a Public House by the sign of the "The [blank]" with the piece or parcel of land adjoining.
(b)2 cottages or tenements built on part of the said land and in the occupation of [blank] and [blank].
Habendum: the principal monies, securities and premises assigned above, to (ii) for his own absolute use and benefit; and (a)-(b) to (ii) for the unexpired residue of the two several mortgage terms of 500 and 1000 years therein but subject to equity of redemption as before.
Constitution and appointment by (i) of (ii) as his lawful attorney for all purposes (specified) for recovering and compelling payment etc.
Endorsements
Signing, sealing and delivery and receipt witnessed by William Pears.
Indenture of Assignment of 2 Mortgage Terms, 4 Nov 1864
Parties
(iii)John Hill Day as (ii) above
(iv)Emily Anne Day of the Priory, St Neots, widow
Recitals
That the principal sums of £200 and £40 remain due and owing to (iii).
That (iii) in consideration of the natural love and affection which he had and bore to his son the late Francis Day agreed to assign the said sums and mortgage security to FD for his own use and benefit but no such assignment was ever made to FD in his lifetime.
That FD died 12 July 1863 intestate and on 6 November 1863 Letters of Admon. to his estate were granted to (iv) out of the P.P.R.
That (iii) has agreed to assign to (iv) the said mortgage debts and all interest thereon and the above mortgage security.
Operative part
Assignment from (iii) to (iv) of the 2 principal sums of £200 and £40, deeds, and land as in the 1845 assignment.
Habendum: as in the 1845 document, (iv) being assignee.
Signed, sealed and delivered in the presence of Thomas Sismey of [11] Sergeant's Inn, solicitor.
Indenture of Further Charge, 10 Dec 1864
Parties
(v)Elizabeth Shelton of Duloe, widow, Christopher Shelton of 57 Peckwater St, Kentish Town (Middx), carpenter, and George Shelton of 6 Bedborough St., Euston Rd., carpenter.
(vi)Emily Anne Day as (iv) above.
Recitals
That under the will of Thomas Shelton, deceased,
dated 13 Mar 1864, ES [TS's second wife] is
entitled for life to one moiety of the mortgaged
premises and CS to the reversion expectant on the
decease of ES subject to the mortgage debts
see /14).
That GS is seised or entitled in possession to the remaining moiety of the premises subject as above.
That the principal sums of £200 and £40 with interest thereon from 30 Jan 1864 remains due and owing to (vi) upon the above security.
That TS was at the time of his death (8 April 1864) indebted to (vi) in the further sum of £80 and (v) have, at the request of (vi), agreed to secure the same as below.
Operative part
Covenant by (v) with (vi) that the mortgaged premises shall during the remainder of the terms of 500 and 1000 years be charged with and remain vested in (vi) as a security for the repayment to her of the sum of £80 and the several sums of £200 and £40, before lent and advanced, and the interest thereof at the rate of _5 % p.a., on 30 Jan 1865 sans deduction or abatement, interest to be paid half yearly in the event of the money remaining unpaid by that date.
Signing, sealing and delivery witnessed by TS and Francis George Butler of St Neots, solicitor.
Date free text
1845-1864
Production date
From: 1845 To: 1864
Level of description
item