LK230

Copy of Brief of Bill in Chancery and Answer Henry Atkinson, plaintiff. Abraham Deskeene, Stephen Venables, Henry Dixon, esq., defendants

28 Apr 1664

From: 1664 To: 1664

That Thomas Atkinson, plaintiff's father, was seized of several messuages in Garland Alley without Bishopsgate, London, by indenture 22 May 15 Car. [1639/40], between him and (ii) Henry Dixon and Edward Dixon esquires, that grants to them an annuity of £80, issuing from property upon several trusts for use and as a jointure for Elizabeth Atkinson, his wife, the plaintiff's mother and after her death to use of plaintiff, their eldest son. Elizabeth died shortly after above jointure and plaintiff's father died. Plaintiff being infant, uncle, Edward Dixon, was guardian during his minority. Defendant, Deskeene, then being tenant to plaintiff, made some unjust pretence of debt owed to him by plaintiff's father, for which he pretended to have some mortgage upon some of the plaintiff's houses and thereupon disturbed the plaintiff's guardian in receipt of rents and disquieted the tenants and forced plaintiff's guardian to some sort of composition. As soon as plaintiff came of age, Deskeene procured Edward Dixon to suffer a recovery of annuity to defendant, Venables, in trust for Deskeene, "which plaintiff, being unexperienced and trusting to his Guardian did yield to joyne without examining" By indenture 20 Jan 1659 between (i) Edward Dixon, (ii) Venables and (iii) Charles Dixon, (i) granted said annuity to (ii) in order to make him tenant to freehold so that common recovery might be suffered. Recovery suffered and defendants pretend a right to annuity and have got plaintiff deeds and evidence to said indenture and refuse to deliver them. Deskeene makes title to 2 messuages, one occupied by himself, other occupied by one Johnson, and also claims said annuity to himself and pretends Venables was only a trustee for him and has made a conveyance to Deskeene. Therefore has kept said messuages, worth £45 per annum, without paying any rent but refuses to disclose by what title he claims them. Deskeene, in combination with other defendants, has now set on foot a deed of uses in name of Venables, and claims said annuity. Answer: Deskeene says that he believed that Thomas Atkinson, plaintiff's father, was seized in fee of tenaments in bill and that he did grant said annuity to use of his heirs. Says that before death of plaintiffs father, the said defendant, knowing nothing of settlement, accepted 2 messuages from Thomas Atkinson in exchange for £30 on 20 Jun 1644, for 31year term at £8 per annum rent. Messuages were "in great decay for want of repaire" and that he, defendant, spent £250 in repairing them, besides the £30 fine. In Jun 1649, plaintiff's father came to agreement for defendants absolute purchase of said messuages in consideration of £130 and these were conveyed in Bargain and Sale, 19 Jun 1649, and Final Concord Michaelmas Term following. Plaintiff's father borrowed £116 more on 24 Apr 1645, giving the Bull-Head Tavern in Bishopsgate Street as security and another messuage in Garland Alley occupied by one Emerson with little garden to it, and other messuage in occupation of Ezechiah Claybrooke adjoining above messuage. Lease of Bull-Head Tavern by plaintiff's father in Dec 1650 for 31 year term to Edward Crosse, when, at request of Thomas Atkinson, defendant became bound to Crosse in £200 for his quiet enjoyment. On 21 Dec 1650, defendant lent £100 to Thomas Atkinson and to secure repayment, Thomas Atkinson acknowledged a statute of £200 and died so indebted, having only repaid £90. After death of plaintiff's father, the former grant of £80 annuity and a mortgage made by him of greatest part of said messuages to Widow Wyat, after married to one Robinson, were discovered, and Robinson brought actions at law to gain possession of the Bull-Head Tavern and recovered against Crosse. Edward Dixon, the surviving grantee of the said annuity and guardian to plaintiff "sett on foote the said Rent Charge & tooke severall destresses on the behalfe of the Complainant to a good vallue as well as upon the Messuage wherein this defendant dwelt as upon the Bull-Head" and as a result of this defendant had to pay £60 to Crosse which Crosse had disbursed in several suits arising on the distraining of his goods for arrears of rent charge from time of death of Thomas Atkinson. Defendant paid £200 to replace Crosse's goods taken in distraint. In order to repay this money, Edward Dixon and defendant agreed in Jan 1659 that defendant should relenquish the enjoyment of the rents and profits and, at plaintiff's charges, make a reassurance of messuage called the Bull-Head and the other messuages occupied by Emerson, which were mortgaged to defendant with messuage occupied by Clerkbrooke and now Bar. Johnson, to the complainant and deliver up the statute and mortgage to be cancelled. And that in consideration therof the defendant should hold messuages which he purchased of said Thomas Atkinson, and that Crosse should hold the Bull-Head free from said annuity and arrears and free from mortgage to Robinson. For better performance of this defendant and Edward Dixon should procure £200 bond entered into to Crosse to be cancelled and that Robinson should be satisfied by plaintiff. Indenture Tripartite enrolled 20 Jan 1659 between (i) Edward Dixon and plaintiff, (ii) the defendant, Venables and (iii) Charles Dixon granted £80 annuity to (ii) and covenanted to suffer common recovery which was after suffered. This grant and recovery to use of Venables was at nomination of defendant Deskeene and accordingly it was agreed between said Edward Dixon, the plaintiff and this defendant upon trust that Venables "should stand seized thereof as toe soe much thereof as at anytime should or might be had or levied upon the Messuage purchased by Deskeene and the Messuages in the occupation of Johnson which by that Agreement was to be held and enjoyed & be absolutely settled & Confirmed to Deskeene." Defendant, since this agreement, has given up reception of rents and profits and is ready, after performance of the plaintiff's agreement, to make reassurance of the Bull-Head Tavern and other messuages promised to the plaintiff. After grant to Venables and suffering of recovery, said Edward Dixon & one Mr Dixon or Councellor, who were to manage this business for the plaintiff "went in to Kent & promised to perfect all things at their return to London but both of them died before they returned" Therefore agreement not fulfilled by them or plaintiff Copy attested by John Hare senior and William Forster, his servant.

item

Atkinson, Henry,
Atkinson, Elizabeth,
Deskeene, Abraham,
Venables, Stephen,
Dixon, Henry,
Dixon, Edward,
Dixon, Charles,
Atkinson, Thomas,
Johnson,
Emerson,
Claybrooke, Ezechiah,
Crosse, Edward,
Wyat,
Robinson,
Hare, John,
Forster, William

DEEDS, legal papers, Chancery, legal process, St. Botolph's, annuities, mortgages, Bishopsgate Street