Title
Mortgage
Parties:
(i) John James Kerr of Harwich [Essex], lieutenant in Royal Navy; George Leeke Baker of Lincolns Inn Fields [Middlesex], esquire; Charles Baker of Lincolns Inn Fields, esquire;
(ii) William Assheton of Downham Hall [Lancashire], esquire;
(iii) George Dyer of Hornsey [Middlesex], esquire
Reciting:
- lease and release and settlement of 1 & 2 Mar 1839 between (1) Justinian Alston the younger of Trinity Hall, Cambridge University, esquire; (2) Justinian Alston the elder of Odell Castle, esquire; (3) Mary Alston, wife of Justinian Alston the elder; (4) Charles Baker; (5) Henry Frederic Alston, John James Kerr and George Leeke Baker; (6) Rowland Alston and Henry Barne Sawbridge, esquires in which below were conveyed to (5) (subject to a term of 1,200 years created by settlement of 18 Jun 1816 for raising 10,000 for the children of (2) and (3)) to use of powers of leasing etc. created by settlement of 18 Jun 1816 continue during the life of (2); to use of (5) for 99 years or until the death of (2); to use of (2) during the life of (2); to use of (5) upon trust with powers of mortgage and sale to raise 16,760 and a further sum of up to 500 for repair of Odell Mill;
- appointment, grant and assignment of 10 Sep 1839 between (1) Justinian Alston the elder and Mary his wife and Justinian Alston the younger; (2) Henry Frederic Alston, John James Kerr and George Leeke Baker; (3) George Biggs of Lincolns Inn Fields, gentleman; (4) John James Kerr, George Leeke Baker and Charles Baker in which (1) replaced (2) as trustees with (4), assigning the premises to (3) for the remainder of the term of 99 years, which (3) then assigned to (4);
- assignment of 11 Sep 1839 from George Biggs to John James Kerr, George Leeke Baker and Charles Baker;
- deed poll of 3 Apr 1840 of John James Kerr, George Leeke Baker and Charles Baker, reciting that they were about to borrow sums to fulfill the conditions in the identure of 2 Mar 1839 against the security of the Odell Castle Estate and witnessing that they raised 10,000 secured on: (A) manor of Great Woodhall and Little Woodhall otherwise Woodhill, otherwise Odyl otherwise Odley otherwise Odell, except for the advowsan of Odell; (B) Odell Castle, formerly occupied by Sir Rowland Alston, now Lady Elizabeth Percival with demesne formerly occupied by Sir Rowland Alston, then Thomas Alston, then Justinian Alston the elder; (C) messuages and farms formerly occupied by Robert Garstin etc. and now William Kendall, Thomas Wills, George Kendall, John Robinson, Thomas Cumberland, Thomas Swannell's representatives, Thomas Witmee, Hensman Mole and others; (D) farms etc. in Felmersham and Chellington formerly occupied by Richard Willis and Thomas Swannell, now the representatives of Thomas Swannell and Joseph Payne;
- indenture of 2 Apr 1840 between (1) Rowland Alston; (2) Sir William Pilkington of Chevit Hall [Yorkshire], baronet and Dame Mary Milborne Swinnerton Pilkington his wife (3) William Adams of Thorpe [Surrey], esquire; (4) Francis Green, esquire; (5) George Biggs; (6) John James Kerr, George Leeke Baker and Charles Baker; (7) George Dyer in which Odell Castle Estate was assigned to (7) in trust for (6) subject to equity of redemption on repayment on sums of 4,000, 4,000 and 1,000 in indenture of 7 Jun 1820 recited in X284/8/1/8 for remainder of terms of 100 years, 200 years, 120 years, 150 years, 160 years, 161 years, 200 years and 220 years;
- remainder of term of 100 years recited immediately above to be vested in (iii) in trust to further secure the loan of 1,260
Operative Part:
- (ii) lent 1,260 at 4% interest to (i) on security of (a)-(u) below and (iii) stood possessed of remainder of term of 100 years created in indenture of 7 Jun 1820 in trust for (ii)
Property:
Rogers Farm, comprising (a)-(u) below for a total of 173 acres, 2 roods, 2 perches, in occupation of Samuel Rogers:
(a) farm house in Carlton with barns, offices and outbuildings of 1r 25p;
(b) Bayden Slade in Carlton of 5a 1r 23p;
(c) Main Piece in carlton of 30a 3r 24p;
(d) Bayden Piece in Carlton of 22a 1r 16p;
(e) Mortar Pit Piece in Carlton of 17a 2r 19p;
(f) Cottons Hill in Carlton of 9a 0r 28p;
(g) Rayners Close in Carlton of 16a 1r 5p;
(h) Killingsworth in Carlton of 4a 0r 13p;
(i) Goddards in Carlton 5a 1r 8p;
(j) Behind Allens in carlton of 3a 1r 38p;
(k) Simons Close [etc?] in Carlton of 4a 0r 32p;
(l) Simons in Carlton of 2a 2r 1p;
(m) Goddards Piece in Carlton of 9a 2r 17p;
(n) Nichols Close [?] in Carlton of 1a 1r 22p;
(o) Meeting Piece in Carlton of 19a 1r 10p;
(p) Gravel Pit Piece in Carlton of 2r 34p;
(q) tenement and close in Carlton of 1a 0r 13p;
(r) homestead and 2 closes in Carlton of 6a 3r 17p;
(s) Bellams in Carlton of 3a 0r 25p;
(t) Baden Close in Turvey of 3a 3r 6p;
(u) Balls Corner in Turvey of 5a 3r 23p
Witnesses:
- George Biggs, clerk to Baker & Co., Lincolns Inn Fields;
Memoranda
- further advance of 500 on 30 Sep 1840;
- further advance of 660 on 19 Jan 1841, witnessed by Francis James of 52 Lincolns Inn Fields, solicitor