• Reference
    Z590/51
  • Title
    Memorandum of Agreement for indemnity against second charge upon cottages which are the property of Nathaniel Garner deceased.
  • Date free text
    24 Apr 1894
  • Production date
    From: 1894 To: 1894
  • Scope and Content
    Parties (i) Ellis Piggott Jeakings (Purchaser) (ii) William and Nathaniel Garner (Trustees and Executors of Nathaniel Garner deceased). Operative part (ii) and (i) have agreed for the sale and purchase of two cottages, barns and site of cottages in Sun Street, Biggleswade at the price of £130 (£100 to be paid to a mortgagee of the property). It was specially agreed that (i) should indemnify (ii) against any claim by any second mortgagees upon the property if any. This special provision was made in consequence of a letter written 13th May 1881, giving notice of a Conditional Surrender made by testator George Winters on 16th February 1881 to secure £56/7/6 subject to conditional surrender to James Scrogie for securing £150 and interest. With respect to this charge (ii) find no further record and believe the same to be barred by statute and (i) having made inquiry of Messrs Chapman & Chaundler, Solicitors, Biggleswade for the said George Winters and being assured by them that no claim was enforcible agreed to indemnify (ii) against any such second charge. (i) hereby agrees to hold them freed and discharged from all claims in respect of the second charge and to indemnify all and each of them against all claims in respect of any second mortgage. Signed by (i) and (ii) and witnessed by Arthur J Hills, Solicitor , Hooper & Co., Biggleswade.
  • Level of description
    item