Scope and Content
Parties:
(i) Thomas Sworder the younger of Luton, gentleman;
(ii) Thomas Sworder the elder of Hertford, gentleman;
(iii) Thomas Foster of Luton, esquire; Henry Vyse of 76 Wood Street, London, esquire; Edmund Waller Vyse of Luton, esquire [trustees of will of Richard Vyse, esquire, deceased]
Reciting:
- mortgage of 27 Jul 1853 in which Thomas Sworder the elder lent 5,000 at 5% interest to Thomas Sworder the younger and Robert Sworder of Luton, brewer on security of (a)-(w) below, subject to mortgage security on (h)-(w);
- the 5,000 remained owing but all interest had been paid
Operative Part:
- (iii) lent 4,500 to (i);
- (i) and (ii) covenanted with (iii) to pay the principal and interest at 5% per annum on 20 Feb 1858;
- (ii) assigned to (iii) the mortgage of 5,000 with interest;
- (ii) conveyed (a)-(w) to (iii) as security for the mortgage loan
Property:
(a) land in Luton bounded: NE by land of John Gray; SE by highway from Luton to the Horse Pool Bridges; W by new road from Luton to Barton-le-Clay; NE by SE bank of River [Lea];
(b) brewhouse, malthouse and other buildings erected on part of (a) with yards and gardens, previously in occupation of John Gray but for some time in occupation of (i) and Robert Sworder;
(c) Crown and Anchor public house, built on part of (a) with stables and yard, in occupation of Joseph Everitt;
(d) Bute Arms public house in Peel Street, Luton, with stables, yard and garden, in occupation of Herbert Harrison;
(e) The Boot beer house, Burr Street, with yard, garden and outbuildings in occupation of Thomas Bates;
(f) land fronting Luton to Bedford Turnpike, sometime part of land of John Gray, late purchased by John Everitt, 45ft long next to the road with a depth of 120ft, breadth next to the River Lea of 21ft and extending to a depth of 132ft 6in next to (b);
(g) 0a 1r 13p in Houghton Regis, late part of a meadow in occupation of Samuel Collins, abutting: NE on premises of London & North Western Railway Company; S on premises of Thomas Sworder the younger and Robert Sworder called Railway Hotel; E on turnpike from Dunstable to Hockliffe; W on remaining piece of meadow divided by a quick set hedge; with right of way for owners of meadow to cross NE part to the property to reach the turnpike road and adjoining meadow;
(h) Saracen's Head public house, South Street, Dunstable, formerly in occupation of John Cumberland, John London, Hannah Cooke, James Cooke, Thomas Cooke and John Holmes successively, since of James Burgess, now of John Peatty; abutting: in front on Watling Street; W on spot where Friars Pond formerly lay;
(i) messuage adjoining (h) and formerly forming part of it, in occupation of William Cooke;
(j) a former malting, now a shop, adjoining (i) and built partly on former stabling of (h), late in occupation of Thomas Sharman, now Thomas Keene;
(k) piece of land, formerly an orchard, now a garden belonging to (h) near South Street and bounded E by Priory Close;
(l) toft, the former site of a tiled barn, forming part of (k);
(m) garden ground behind (l);
(n) farmyard near (h) with farm buildings erected thereupon;
(o) small stable and piece of ground from corner of the Well House to N side of a yard leading from public street in Dunstable to (n), taken in a straight line up the gateway; formerly in occupation of Joseph Farr;
(p) six cottages built on part of ground or formed from part of the outbuildings of (h) with right of way from a messuage in occupation of Sarah Cooke through the gateway and over the yard of (h) to Watling Street;
(q) land in Luton of breadth of 45ft and length of 56ft bounded NW by road from Luton to Hitchin;
(r) messuage built on (q) in occupation of William Haydon, then Elizabeth Haydon, his widow, now Thomas Cox and known as Waggon & Horses with adjoining stables, barn and wagon shed;
(s) three cottages (lately two) near (r) and built on (q);
(t) inn, formerly called King's Head, now called White Horse, with cottage at rear (formerly part of the inn), with barn, stables, outbuildings and yard in Church Street, Dunstable, in occupation, successively of John Mead, William Impey and Susan Fensham, now John Franklin and James Deacon, bounded: W by Red Lion inn; E by tenement of William Fossey, since Edward Appleford, then James Gostelow, late of John Mellor;
(u) two cottages (now converted into stables or outbuildings) in Houghton Regis formerly in occupation of John Fox and Charles Duncombe, late Benjamin Tofield and Joseph Groom, with party wall dividing them from a cottage of John Duncombe in occupation of Richard Gosbell;
(v) four cottages built on same land and adjoining (u) with piece of ground measuring 25ft SW to NE and 70ft SE to NW bounded: SW by yard and garden ground of John Duncombe; part NE by estate formerly of George Mellor, since of Benjamin Barnett; part NE by estate formerly of Widow Tofield, now of Joseph Tofield; with right of access to well, formerly of John Duncombe, now of Richard Gosbell, paying two thirds of the maintenance costs;
(w) Red Lion public house, Stanbridge with stabling, sheds and outbuildings, garden ground at back and yard and garden at front, the premises measuring: 66ft at back, next to meadow of Thomas Eames, plait dealer; 118ft on E side next meadow of in occupation of William Cooper; 48ft on part N next to premises of Joseph Scott; 24ft part of S next to road; 18ft on part W next cottage of Joseph Scott; 80ft on part W next to garden of Joseph Scott
Witnesses:
- Thomas Frame;
- James Must;
- Frank Scargill of Luton, solicitor;
- Thomas Sears, clerk to Frank Scargill;
- ...Mangham, solicitor of 54 Faubourg St.Honore, Paris [France];
- W.J.Arnold, clerk to Mangham
Endorsements:
- assignment of submortgage of 4,500 of 20 Feb 1873 from (1) Thomas Foster, Henry Vyse and Edmund Waller Vyse; to (2) Matthew Skinner Longmore of Hertford, esquire, on security of the 5,000 mortgage paid by Thomas Sworder the elder to Thomas Sworder the younger and Robert Sworder and of (a)-(w) above;
- assignment of submortgage of 4,500 of 6 Jun 1877 from (1) Matthew Skinner Longmore of Hertford, esquire to (2) Helen Ann Tasker of Middleton Hall, Brentwood [Essex], spinster, on security of 5,000 paid by Thomas Sworder the elder to Thomas Sworder the younger and Robert Sworder and of (a)-(w) above; witnesses: Thomas L.Carter and Henry W.Doyle, clerks to Longmore & Sworder of Hertford, solicitors