Scope and Content
Abstract of title of Thomas Sworder to Albion Public House, New Bedford Road, Luton
(I) Conveyance of 31 Jul 1869 [this entry struck out]
Parties:
(i) John Boyle of Chancery Lane [City of London], barrister-at-law; William Stuart the younger of Kempston, esquire, lieutenant-colonel in Bedfordshire Militia; Charles Stuart of Hubborne Lodge [Hampshire], major-general;
(ii) Charles Swain of Luton, innkeeper
Reciting:
- will of John Crichton Stuart, 2nd Marquis of Bute on 22 Jul 1847 devising all Bedfordshire real estate to Patrick James Herbert Crichton Stuart [called Lord James Stuart], Onesiphorous Tyndall Bruce and James Munro McNabb as trustees for sale…[the abstract then omits one or more pages but evidence points to a conveyance of the Albion to Charles Swain for £255]
(II) Mortgage of 2 Aug 1869
Parties:
(i) Charles Swain on Luton, innkeeper;
(ii) William Taylor of Kensworth, farmer
Operative Part:
- (i) borrowed £500 at 5% interest from (ii) on security of (a)
Property:
(a) messuage used as a beerhouse with stabling and outbuildings erected by Charles Swain and in his own occupation
(III) Further Advance of 5 Jul 1872
Parties:
(i) Charles Swain;
(ii) William Taylor
Reciting:
- (II)
- £500 remained outstanding but all interest had been paid
Operative Part:
- (i) borrowed a further £200 at 5% interest from (ii) secured on (a) in (II)
(IV) Will of Charles Swain of 25 Aug 1880 appointing his sons Charles and William Alfred as executors and devising to them his real estate in New Bedford Road, Luton known as Albion public house with an adjoining cottage mortgaged to executors of Hester, deceased, upon trust to allow his wife Mary to receive rents and profits and to pay off mortgage to D.Grace; then, after the death or remarriage of Mary devising the Albion and cottage to William Alfred subject to Hester's mortgage and charged with payment of £100 to Swain's four daughters if his wife died or remarried before Grace's mortgage was reduced to £300
(V) Two codicils to the will of Charles Swain of 25 Oct 1880 and 26 Oct 1880 directing his executors to use rents and profits from Albion to create a fund to redeem the mortgage of D.Grace by £50 per annum with surplus going to Mary Swain
(VI) Death of Charles Swain on 1 Jan 1881
(VII) Proof of will and codicils of Charles Swain in Northampton DPR on 8 Mar 1881
(VIII) Mortgage of 5 May 1881
Parties:
(i) William Alfred Swain;
(ii) Eliza Taylor of Turners Hall, Harpenden [Hertfordshire], widow; Edward Taylor of Luton, undertaker
Reciting:
- (II);
- (III);
- (IV)-(V);
- £700 was still outstanding
Operative Part:
- (i) borrowed £300 at 5% interest from (ii) secured on (a)-(b)
Property, reversionary estate of (i) in:
(a) Albion public house, New Bedford Road, Luton at corner of Inkerman Street with yard, stables and outbuildings in occupation of William Alfred Swain;
(b) cottage in New Bedford Road adjoining (a) in occupation of Spratley
(a)-(b) bounded: N by New Bedford Road; W by Inkerman Street; S by property of William Davis; E by property of late Charles Swain
(IX) Assignment of Mortgage of 24 Dec 1883
Parties:
(i) Edward Taylor;
(ii) Elizabeth Taylor
Reciting:
- £300 was still outstanding on (VIII);
- the £300 belonged solely to (ii)
Operative Part:
- (i) assigned the mortgage debt to (ii) for 10/-
(X) Will of William Taylor alias William Ivory Taylor of 2 Nov 1877 appointing his wife Eliza and brother Edward as executors and trustees
(XI) Death of William Taylor on 3 Nov 1877
(XII) Proof of will of William Taylor on 16 Jan 1878 in PPR
(XIII) Assignment of Mortgage of 24 Dec 1883
Parties:
(i) Edward Taylor;
(ii) Eliza Taylor
Reciting:
- (III);
- (X);
- (XI)-(XII);
- £700 still outstanding;
- £700 not advanced by William Taylor with his own money but with that of (ii)
Operative Part:
- (i) assigned mortgage at (III) to (ii)
(XIV) Mortgage of 6 Aug 1891
Parties:
(i) William Alfred Swain;
(ii) Thomas Sworder
Reciting:
- (II);
- (III);
- (IV);
- (V);
- (VI)-(VII);
- (VIII);
- £1,000 still outstanding;
- (i) was indebted to (ii) for £176
Operative Part:
- (i) borrowed £250 from (ii) in addition to £176 debt - making £426 at 5% interest secured on reversionary interest of (i) in (a)-(c)
Property:
(a) Albion public house, corner of New Bedford Road and Inkerman Street, Luton with yard, stables and outbuildings formerly in occupation of William Alfred Swain, now Thomas Sworder;
(b) buildings in Inkerman Street at rear of (a) partly used as a mineral water manufactory formerly in occupation of William Alfred Swain, now Thomas Sworder;
(c) cottage in New Bedford Road, adjoining (a) in occupation of Chapman
(XV) Transfer of Mortgage of 1 Apr 1895
Parties:
(i) Eliza Taylor;
(ii) Thomas Sworder
Reciting:
- £700 remained outstanding to (i) but all interest had been paid
Operative Part:
- (i) assigned the £700 mortgage to (ii) on payment by him of that sum to her
(XVI) Transfer of Mortgage and Further Advance of 1 Apr 1895
Parties:
(i) Eliza Taylor;
(ii) William Alfred Swain;
(iii) Mary Swain;
(iv) Thomas Sworder
Reciting:
- (IV);
- (V);
- (VI)-(VII);
- (VIII);
- (IX);
- (XIV);
- death of Charles Swain junior on 30 Mar 1891;
- the mortgage to Grace noted in (IV) and (V) had been reduced to £100;
- £300 remained outstanding to (i) and £426 remained outstanding to (iv) but all interest had been paid;
- (ii) was further indebted to (iv) for £104/13/-
Operative Part:
- (iv) paid £300 to (i), by direction of (ii);
- (i) assigned £300 mortgage to (iv);
- (i) borrowed a further £155 from (iv) at 5% interest secured on (a)-(c)
Property:
(a) Albion public house, corner of New Bedford Road and Inkerman Street, Luton with yard, stables and outbuildings formerly in occupation of William Alfred Swain, now Thomas Sworder;
(b) buildings in Inkerman Street at rear of (a) partly used as a mineral water manufactory formerly in occupation of William Alfred Swain, now Thomas Sworder;
(c) cottage in New Bedford Road, adjoining (a) in occupation of Chapman
(XVII) Replacement of Trustees of 2 Apr 1895
Parties:
(i) William Alfred Swain of Albion Inn, New Bedford Road, Luton, licensed victualler;
(ii) Sarah Swain of Royal Hotel, Luton, spinster; Mary Ann Ellis of Luton, wife of James Ellis
Reciting:
- (IV)-(V);
- (VI)-(VII);
- no residuary real estate passing under the devise from Charles Swain the younger to (i);
- death of Charles Swain the younger on 30 Mar 1891;
- D.Grace's mortgage had been reduced to £100
Operative Part:
- (i) appointed (ii) as trustees of the will and codicils of Charles Swain the elder in place of Charles Swain the younger
Real Estate of Charles Swain the elder
(a) Albion public house, corner of New Bedford Road and Inkerman Street, Luton with yard, stables and outbuildings formerly in occupation of William Alfred Swain, now Thomas Sworder;
(b) buildings in Inkerman Street at rear of (a) partly used as a mineral water manufactory formerly in occupation of William Alfred Swain, now Thomas Sworder;
(c) cottage in New Bedford Road, adjoining (a) in occupation of Chapman
(a)-(c) incumbered by £100 mortgage to D.Grace; £985/13/- mortgage to Thomas Sworder
(d) six cottages and a grocer's shop in New Bedford Road, Luton near (a); incumbered by £100 mortgage to D.Grace
(XVIII) Conveyance of 19 Nov 1896
Parties:
(i) William Alfred Swain; Sarah Swain of Royal Hotel, Luton, spinster; Mary Ann Ellis of Mill Street, Luton, wife of James Ellis;
(ii) Mary Swain;
(iii) William Alfred Swain;
(iv) Thomas Sworder
Reciting:
- (IV)-(V);
- (VI)-(VII);
- (VIII);
- (IX);
- (XIV);
- (XV);
- death of Charles Swain the younger;
- (XVII);
- D.Grace's mortgage had been redeemed;
- £1,685/13/- was now owing to (iv)
Operative Part:
- (iv) paid £1,314/7/- to (ii) and (iii) [making £3,000 with the money owed to (iv)] with privity of (i);
- (i) conveyed, (ii) confirmed and (ii) conveyed and confirmed (a)-(b) to (iv)
Property:
(a) Albion public house on corner of New Bedford Road and Inkerman Street, Luton, with stables, yards and outbuildings and buildings in Inkerman Street lying at rear of the public house and partly used as a mineral water manufactory in occupation of (iv);
(b) cottage in New Bedford Road adjoining Albion in occupation of James Gray
Acknowledgement of (i) of right of (iv) to view scheduled deeds being (II), (III), (VIII), (IX), (XIII), (XIV), (XV) and (XVI)