HN10/277/Hammond15

Instructions to Agent: - "Ann Hammond the Applicant was the Mortgagee of some wretched Leasehold property at Wandsworth Road upon which she had foolishly been advised to advance 700 and become Green's Client - She then on 2nd day of April [1879] executed a Memorandum of Deposit of the Mortgage and of the Title Deeds in favour of Mary Gilbert (also Green's client) for securing 320 - She gave a Power of Attorney to a London House Agent to receive the weekly rents and to manage the property - the rents to be paid by the Agent to Green to pay off the Principal and interest - She had for some time objected to sign the security although the money had already been advanced so it happened that at the time of execution there was only 290 owing - some rents having been received in the meantime - At present no question has been raised about the Security - In the year 1880 the property was put up to Auction by Miss Hammond through Green under her power of sale and a contract was signed for 800 - In Nov 1879 Mary Gilbert having died Green was obliged to find the money and paid off the Executor who gave an undertaking to execute transfer of security when required - numerous difficulties arose on the purchase through the actions of the Ground landlords - the applicant is a woman of extraordinary bad temper - she had executed the Conveyance and the purchase was fixed for completion when it was found that the Deed was dated but unstamped and the Purchaser's Solicitor asked for another Engrossment to be executed to save the penalty - this the woman positively refused to do and eventually put herself into the hands of Sharman & Smail - It is understood that a considerable amount of litigation then took place between Vendor & Purchaser and now the purchase is about to be competed upon certain terms of which Green has no knowledge - Green has received the rents to the present time from the Agents paying thereout the Ground Rent and Insurance and the Interest on the 290 - Green's costs were made out and delivered in May last - copy sent herewith [HN10/277/Hammond12] - together with a statement of account which as will be seen includes the costs - copy sent herewith - Sharman & Smail now require the Deeds and have offered to pay the principal & interest which they assume belong to a Client of Green's but refuse to pay the costs - Green declines to part with the Deeds without payment of principal interest and costs (see copy correspondence herewith HN10/277/Hammond14]) - The Summons for delivery and taxation has accordingly been issued [see HN10/277/Hammond13] - Green cannot object to taxation of Costs but being in possession of the Deeds he contends that he has the right of sitting on them until he has been paid his costs also - The Summons applies that in giving security Applicant may have the deeds but it does not deal with the Lien in any way - When Green ceased to be Applicant's Solicitor the costs then became "Mortgagee's Costs" these costs have been caused by his being called upon to make out and deliver detail accounts for the information of the Purchaser who was entitled to rents and profits from date of sale and furnishing information to Applicants fresh solicitors - Applicant is not in a position to give any security herself for costs - the litigation has it is understood gone against her throughout and that probably little will be left of the purchase money after Messrs Sharman & Smail have got their costs out of it - The affair has been a trouble for years and the woman has to thank herself for the result - It is summoned that she intends reopening all the Accounts from the commencement if she possibly can - so Green wishes to have all accounts with him closed before parting with the security he has for payment - No doubt the Order for taxation must come as a matter of course. Green considers that these can be made out again for the purpose and that he is not bound to adhere to the bill as originally sent"

1886

From: 1879 To: 1886

item

Hammond, Ann,
Green, John Thomas,
Ambrose, Alfred,
Sharman & Smail,
Gilbert, Mary,
Christian, Berry,
Smith, William Henry,
Tidy, Daniel

legal papers, specific solicitors, non-agricultural leases, John Thomas Green, Sharman & Smail, deaths, house agent, specific auction sales, Chancery, Lambeth, Lambeth Belmore Street, Lambeth Milton Place, Lambeth Wandsworth Road