Scope and Content
Parties:
(i) Foster Bower of Inner Temple [City of London], esquire, counsel in law;
(ii) Richard Marriott of Brook Street, Saint George’s, Hanover Square [Middlesex], esquire;
(iii) Julius Hutchinson, late of Woodhall [Hertfordshire], now of Bowes Farm, Edmonton [Middlesex];
(iv) Richard Fitzherbert of Somershall Herbert [Derbyshire], esquire
Reciting:
- AN29/1;
- Samuel Browne died 26 January 1716 [1717] leaving as issue a son, Thomas and Mary Browne pregnant with Mary Browne (now Mary Schutz);
- Thomas Browne the son died 21 March 1721 [1722] unmarried and without issue at which point Thomas Browne, brother of Samuel, became entitled to advowsons, rectories and tithes not limited in the jointure of his sister-in-law Mary and became entitled to reversion of the remaining Bedfordshire real estate
- Mary Browne the daughter (now Mary Schutz) became 21 on 21 April 1738 becoming entitled to her portion of £3,000;
- Mary Browne’s portion was paid and the Manor of Little Barford (except the advowson) was charged with repayment of £3,400 to Elizabeth Ashhurst;
- AN29/7;
- AN29/8;
- Manor of Little Barford became vested in Elizabeth Ashhurst to secure repayment of £1,200 and Edward Kinaston and Thomas Walley Partington, executors of Thomas Middleton to secure repayment of £677/10/- making together £1,877/10/-
- AN29/11;
- AN29/12;
- AN29/39-40
- AN29/51;
- indenture of 10 February 1785 between (1) Richard Marriott and (2) Elizabeth Caroline Fox reciting that (1) requested (2) to sell out bank stock etc. to pay Elizabeth Ashhurst which (1) would replace in six months; she sold out £3,000 of bank stock on 11 January 1785 at £112/5/-% which produced £3,263/15/- and on 10 February 1785 sold £700 in £115/15/-% stock which produced £808/13/- making together £4,172/8/- paid to Elizabeth Ashhurst and in which (1) covenanted to repay (2) £3,700 in bank stock by 19 July 1785;
- deed poll of 12 September 1785 reciting £4,172/8/- remained owing by Richard Marriott to Elizabeth Caroline Fox but all interest had been paid and reciting that Richard Marriott had borrowed a further £768/12/- from Elizabeth Caroline Fox secured by bond and witnessing that Richard Marriott secured this further advance on his Bedfordshire manors;
- AN29/53;
- AN29/56;
- deed poll of 5 July 1790 in which Richard Marriott borrowed a further £1,000 from Foster
- deed poll of 1st March 1793 in which Richard Marriott borrowed a further £1,000 from Foster Bower;
- AN29/59-60
- £10,000 remained owing to Foster Bower but all interest had been paid;
- (i) had called in the £10,000 but (iii) was not prepared to pay and had approached (iv) for a transfer of mortgage
Operative Part:
- (iv) paid £10,000 to by direction of (iii) and privity of (ii);
- (i) paid 10/- each to (ii) and (iii);
- (i), at request of (iii) and privity of (ii) and (ii) transferred £10,000 to (iv);
- (i), by direction of (ii) and (iii) transferred (a)-(j) to (iv)
Property:
(a) Manor of Little Barford;
(b) advowson of Little Barford;
(c) right of free fishing in Great Ouse at Eaton Socon and Tempsford;
(d) site of the capital messuage;
(e) 271 acres, 2 roods 9 perches in occupation of William Emery;
(f) farmhouse with closes of arable, meadow and pasture containing 266 acres, 1 rood, 5 perches in occupation of John Peck;
(g) farmhouse with closes of arable, meadow and pasture containing 267 acres, 17 perches in occupation of Edward Peck;
(h) several cottages in occupation of Edward Emery, John Selby, William Landon, [blank] Lewis, William Beby, Edward Wells, John Darlow, Richard Emery, George Pell, Thomas Peck and Martin Croucher;
(i) quit rent of 13/4 issuing out of lands late of Thomas Tingey in Little Barford;
(j) quit rent of 2/4 issuing out of lands late of Ashcombe [Oliver Ayshcombe?] in Little Barford and Eynesbury
Proviso:
- for equity of redemption by (iii) - interest 5%
Witnesses:
- Thomas White;
- Robert Newton;
- Samuel Cooper;
- Christopher Norris;
- Charles Potts