Reference
X95/294
Title
Item previously catalogued as: Chancery: Sworder v. Sworder"
Date free text
12 Dec 1873
Production date
From: 1862 To: 1874
Scope and Content
Item previously catalogued as: Chancery: Sworder v. Sworder"
Copy heads of arrangement by Young & Sons for Thomas Sworder of Luton and sent to Hawks, Willmott & Stokes of 101 Borough High Street, Southwark [Surrey] who were acting for Thomas Sworder of Hertford as follows:
"1. Bill to be dismissed within one week after exchange of this memorandum"
2. £4,000 provided by an agreement of Feb 1873 to be paid as follows: £584 to be deducted; £2,000 to be paid by Thomas Sworder of Hertford or R.Shafto Hawks to Thomas Sworder of Luton within a week; balance of the £4,000 to be paid by 25 Mar 1874
3. "Mr.Smitheman's mortgage to be paid off with all arrears of interest by 25 Mar 1874"
4. "Reconveyances of all the mortgaged properties to be taken by T.Sworder Senr under the usual covenant to pay the mortgages and indemnify T.Sworder Junr against them"
5. "T.Sworder Junr to be exonerated from all other mortgages under which he is liable in connection with this suit of the Plaintiff by 25 Mar 1874"
6. "No abstracts of title to be furnished except as to properties in Third Schedule & subject to the conditions mentioned in the said agreement in connection therewith"
7. No claim to be made by Plaintiff for any dilapidations on properties or lease to Anstee & Co or otherwise"
8. "The valuation of the Brewery effects to be completed and paid to the parties entitled (as mentioned in agreement of 14 Feby 1873) by 25 Mar 1874"
9. Thomas Sworder of Luton to be able to purchase reversionary interests in First Schedule for £1,000 and 5% interest from Oct 1862 on or before 25 Mar 1874
10. "Time to be the essence of this memorandum of arrangement"
11. "If all the clauses not duly carried out the rights of both parties under the agreement of 14 February 1873 to revest in them"
12. "Whether Defendant shall be subject to an Interest account or to a rent account as to premises in Second Schedule of Agreement of February last from 31st march 1873 to be left to Mr.Smitheman to decide"
13. "Except as hereby altered and extended the Agreement of 14 February 1873 to remain good up to 25th March 1874 as if reiterated in this memorandum"
Level of description
item