HN10/274/Hopkins49

Queen's Bench Instructions for Defence in the case of Edward Percival plaintiff and Benjamin Hopkins defendant Claim: Percival claimed five years rent from Hopkins at £12 per annum as mortgagee in possession of Elizabeth Cobb, deceased to property in Chapel Street, Woburn Instructions: - the house was auctioned on 24 Oct 1879 by trustees of Elizabeth Cobb, deceased (Montague William Cobb and Henry Latham) with two more houses in occupation of Henry Burges and Woodstock; - William Staniford purchased the property for £370 and paid £37 deposit to Cobb and Latham; - Hopkins then took over the contract paying Staniford £10 for purchase; - by contract the purchase was to be completed on 28 Jan 1880; - abstract of title was delivered by John Latham, solicitor for Cobb and Latham and deeds were produced and compared to the abstract in his office; - draft conveyance drawn up and approved and shortly after this Hopkins' solicitor received notice from Percival's solicitor that Elizabeth Cobb had mortgaged the property to Percival to secure £1,500 and the abstract of the deed was delivered; the deed was very imperfect being undated, unstamped and several blanks in it - considerable correspondence ensued regarding the deed and in Nov 1880 Percival's solicitor stated that Percival would join in any conveyance or confirmation to Hopkins if the purchase money was paid to him but that if completion did not occur by 20th Nov Percival would offer the property for sale; - draft conveyance and confirmation drawn and approved by Percival's solicitor, the conveyance having already been executed, draft having been approved before notice of mortgage was received; - conveyance deed handed to Hopkins and the matter allowed to rest until service of the writ except that in May 1880 Percival delivered formal notice to tenants including Hopkins to pay rent to him as mortgagee; Burges paid £5 rent up of 20 Sep 1880 and nothing since; Woodstock continued to pay rent up to the present; Hopkins paid no rent at all; - on receipt of the writ correspondence took place between Hopkins' and Percival's solicitors, the draft deed of confirmation was amended and sent to Percival's solicitor for approval and was received back approved and the engrossment was sent to him for execution, as was a cheque for the balance of the £370 (£333); - the deposit of £37 had sometime since been paid by Cobb and Latham to Percival; - interest payable according to the contract would be five years after deducting tax £81 from which should be deducted £5 sent by Burges and £32/10/- by Woodstock leaving £43/10/-

1885

From: 1879 To: 1885

item

Percival, Edward,
Hopkins, Benjamin,
Cobb, Elizabeth,
Cobb, Montague William,
Latham, Henry,
Burges, Henry,
Woodstock, George,
Staniford, William,
Latham, John,
Bygott, Edward,
Green, John Thomas

Queen's Bench, specific auction sales, John Latham, specific solicitors, Edward Bygott, non-agricultural leases, writs, John Thomas Green, WOBURN, Woburn Chapel Street