HN10/274/Burney4

Burney v.Loke copy correspondence - 24 Mar 1885: Thomas Brantom to John Thomas Green: "I am informed you have a claim against Mr.Lowe Wavendon for Tithe. He has no means of paying himself at the present as the whole of the Stock on his farm at present belongs to me. I have bought it and paid for it and put it there in adjoice. I think I can make satisfactory arrangements with to you about the payment of the tithe as I think you are willing to allow time if you can rely upon its being paid when required. I should be glad if you would send me word for the amount of your demand & the longest time you can allow for payment if I guarantee the payment & waiting your reply. P.S. I will do my best to help all parties & make things satisfactory" - 25 Mar 1885: Frederic Thomas Tanqueray to Thomas Brantom: "Mr.Green is from home but your letter this morning came too late. Mr.Lowe promised to pay on Monday at the latest and as he had not done so the warrant of distress was sent last night and I have no doubt the distress has been made by now. The amount owing by Mr.Lowe is altogether £54.19.1 of which £23.10.2 is arrears due July last. Of course to this will now have to be added the expense of the distress". - 25 Mar 1885 George Loke to John Thomas Green: "Mr.Lowe. I have distrained upon this gentleman today for the Tithe & left man in possession, I find there is plenty of Stock &c upon the Farm, he tells me that Mr.T.Brantom will call & pay in a day or two" - 3 Apr 1885: Thomas Brantom to John Thomas Green: "I had 27 head of cattle laying in adjoice at Lowe's farm at Wavendon . I am told Mr.Loke has 2 of them entered on his inventory as other thing as being distrained upon, This being the case I send for the other 25 away. I was informed there was no particular 2 picked out and no particular 2 specified in the inventory but it stated 2 in calf cows but they were all in calf heifers I therefore left 2 in calf heifers as good or perhaps a little better than the average of them. The man in possession was very well satisfied with these. I went to see Mr.Loke when I sent for them but he was not at home. I have written explaining circumstances of case to Mr.Loke asking him to realize enough without my heifers if possible as I think the tithe should be realized from produce on the farm. It is very hard for me to buy stock & put on farm in adjoice & then have it seized. I had bought the potatoes and paid for & the wheat & the clover but I do not mind any produce raised on farm being appropriated for tithe as I think it ought to be thus paid. Trusting you will do your best for me under the circumstances & let me know at once if you give up possession of the 2 cows then I will send for them & oblige" [marginal note "It now appears that he cleared the whole 27 and left 2 small steers that did not belong to him"] - 4 Apr 1885: John Thomas Green to Thomas Brantom: "I received your Letter today at Ampthill having been caught [text obliterated] at Woburn before starting. I need hardly say your tales don't agree and I am somewhat amused by both of you troubling me about a matter I have nothing to do with. Loke is personally responsible for the Amount of the Tithe & unless he is acting as your Friend I cannot understand his proceedings, he appears to have gone much out of his way to serve you and according to your own Account you have also gone out of your own way by removing Cattle you claim after the stable door was shut. If I had been Bailiff I should have taken 6 or 8 of your Heifers and so have got your cheque for amount wanted and my Fees & expenses without ant trouble to myself leaving you & Lowe to fight over what I left" - 24 Apr 1885: John Thomas Green to George Loke: "On my return to Woburn this morning I find that you left Notes &c for £42.8.0 on Account of the Tithe £54.19.1 due to Mr.Burney from Lowe and for which you held a power of distress. As there was plenty of stock upon the Farm more than sufficient to pay the amount due I must ask you to remit the Balance £12.11.1 by Tuesday next" - 28 Apr 1885: John Thomas Green to George Loke: "Not having received the 312.11.1 balance due from you for Tithe I have no alternative but to say that if not paid to me on or before Friday next I shall take proceedings against you without further notice. I notice that you had a man in possession for twenty three days, this of course must have been on your own responsibility and is a matter between yourself and Lowe" - 29 Apr 1885: George Loke to John Thomas Green: "I explained to your Clerk when I left the £42.8.0 the reason the whole of the money was not recovered although I did my utmost to secure it. In the first place the arrears legally cannot be recovered and each field or separate Commitat must bear its own responsibility as it is not legal to distrain on A for the amount due by B. Notwithstanding these complications I think I am [text obliterated] a further sum of 310 will be recovered from Mr.Brantom as I gave him notice after his removal of certain Heifers 2 of which I included in my Levy for land over the Line and which he removed leaving two of the worse behind which £10 his Son promised me yesterday I should get by post this morning his Father being too ill to attend to business. As to the delay of the Sale Mr.Brantom did not say he would not pay until the man had been in possession some days and it was necessary to give proper publicity in local papers in addition to the extra days notice required. It was owing to getting Lowe to sign an Agreement which has been duly stamped that I was able to proceed to a Sale at all as the whole matter was rendered illegal through the arrears being distrained for" [marginal note "There are no arrears over two years. All one holding, rubbish. 21 Warrants & 21 bailiffs required" - 30 Apr 1885: John Thomas Green to George Loke: "The Balance must be paid tomorrow. There was plenty of stock on Lowe's holding in the parish to pay the tithe many times over and it is absurd for you to tell me that it is not legal for the tithe owner to distrain anywhere on the holding that the Cattle happen to be for the full amount due therefrom. If I do not receive the money I must proceed to obtain it from you. If you come & see me tomorrow you had better bring your warrant with you also Inventory"

1885

From: 1885 To: 1885

item

Burney, Henry,
Green, John Thomas,
Brantom, Thomas,
Lowe, Joseph,
Tanqueray, Frederic Thomas,
Loke, George

specific solicitors, John Thomas Green, Frederic Thomas Tanqueray, Buckinghamshire farms, tithes, cattle, bailiffs, words, wheat, clover, potatoes, solicitors' clerks, Wavendon, AMPTHILL, WOBURN