Reference
AN15/34
Title
Order
Date free text
28 January 1748 [1749]
Production date
From: 1741 To: 1749
Scope and Content
in case between Elizabeth Humphreys, spinster, plaintiff and Henry Hall, executor of John Garthorne, clerk deceased, Gilbert Burton, gentleman, devisee and trustee in the will of John Garthorne, John Downes, since deceased and Sarah, his wife, sister, heir at law and devisee in the will of John Garthorne and John Emmerson, clerk, defendants
“In pursuance of the Decree made on the hearing of this Cause dated the 21st day of July 1747 I have been attended by the Solicitor for the plaintiff and by Clerk in Court for the Defendants Henry Hall and Gilbert Burton and by the Clerk in Court and Solicitor for the Defendant Sarah Downes by the Clerk in Court and Solicitor for the Defendant John Emmerson and I have in their presence proceeded to take an account of the principal sum of £200 of the Interest thereof due on the Bond in Question and I find that all Interest for the said principal sum of £200 hath been paid to the 25th day of June 1741. But it doth not appear to me That this said principal of any part thereof that been paid off or that any Interest for the same hath been paid since that time. I have therefore Computed Interest for the said principal sum of £200 at the rate of 5% and according to the said Bond from the said 25th day of June 1741 to which time all Interest for the same hath been paid as aforesaid to the 27th day of January Inst being 7 years, 6 months and 23 days which amounts to the sum of £75.18.0 which being added to the principal sum of £200 make together the sum of £275.18.0 which is now due on the said Bond for principal money and the Interest thereof. And I have also proceeded to sell the Copyhold Estate in Question and the same hath been sold before me to Thomas Lloyd, gentleman who by my Report made in this Cause dated the 6th day of July last was reported the best purchaser thereof at the Sum of £180 which Report I find stands absolutely Confirmed by an Order made in this Cause dated the 2nd day of August last which said Sum of £180 is to be applied towards payment of the said sum of £275.18.0 due to the plaintiff for principal and Interest on the said Bond as the said Decree directs and after payment of the said Sum of £180 there will then remain due to the plaintiff on the said Bond the principal sum of £95.18.0. and I have considered of the said plaintiff’s Bill of Costs of this Suit amounting to the sum of £124.8.6 which I have moderated and taxed at the sum of £97.12.0. And I have also Considered of the Defendants Henry Hall and Gilbert Burton the Trustees, their Bill of Costs of this Suit amounting to the sum of £37.10.10 which I have moderated and taxed at the sum of £30.18.2 which said sum of £30.18.2 is to be paid by the plaintiff to the said Defendants the Trustees and to be added to her own Costs as the said Decree also directs. And the said sum of £95.18.0 which remain due to the said plaintiff on the said Bond the said Sum of £97.12.0 the said plaintiff’s Costs taxed as aforesaid being added together make in the whole the sum of £224.8.2. And I have also proceeded to sell the freehold Estate in mortgage to the Defendant John Emmerson and the same hath been sold before me to John Butler, gentleman whu by my Report made in this Cause dated the said 6th day of July last was reported the purchaser thereof at the sum of £1,550 which Report I find stands absolutely Confirmed by an Order made in this Cause dated the said 2nd day of August last. And I have also proceeded to take an Account of what is due to the said Defendant John Emmerson for principal and Interest on his said mortgage. I have therefore Computed Interest for the said principal sum of £800 after the rate of 5% and according to the said Mortgage from the 25th day of December 1739 (the day the same Mortgage bears date) to the said 27th day of January Interest being 9 years and 30 days which amounts to the sum of £363.5.9. And I find that the several sums of money amounting together to the sum of £210 and no more have been paid on account of Interest on the said Mortgage which said sum of £210 being deducted out of the said Sum of £363.5.9 the Interest Computed as aforesaid reduceth the same to the sum of £153.5.9 which now remains due for Interest of the said £800 and the said sum of £153.5.9 being added to this sum of £800 make together the sum of £953.5.9 which is now due to the said defendant Emmerson for principal and Interest on his mortgage. And I have Considered of the said Defendant Emmerson his Bill of Costs of this Suit amounting to the sum of £115.5.2 which I have moderated and taxed at the sum of £85.16.9 which said sum of “85.16.9 being added to the said sum of £953.5.9 sue to the said defendant Emmerson for principal and Interest as aforesaid make in the whole the sum of 31039.2.1 which is now due to the said Defendant Emmerson for principal money Interest and Costs on his said mortgage is to be paid out of the said sum of £1550 the purchase money of the same Estate in the first place whereby the said purchase money will be reduced to the sum of £510.17.11. Out of which said sum of £510.17.11 residue of the purchase money of the said freehold Estates the said sum of £224.8.2 remaining due to the plaintiff for principal money and Costs on her said Bond and also for what she is to pay the said Defendants the Trustees for their Costs as aforesaid is to be paid and after payment of the said Sum of £224.8.2 out of the said Sum of £510.17.11 there will then remain of the said purchase money the sum of £286.9.9
Level of description
item