Bedfordshire Archives Service Catalogue
  • Reference
    X458/8/6
  • Title
    Copy decretal order in the case of Mark Halpen and Elizabeth, his wife, commonly called Lady Lawley against William Simpson, Joseph Beeton, Nicholas Blick, Charles Carleton, Lancelot Stephens and Daniel Langhorne
  • Date free text
    31 May 1736
  • Production date
    From: 1723 To: 1736
  • Scope and Content
    Reciting - X458/8/5 in which William Simpson and Joseph Beeton were defendants - amendment of X458/8/5 by Court Order of 24 Jan 1733 making Nicholas Blick a defendant - amendment of X458/8/5 by Court Order of 12 Feb 1735 in which Lancelot Stephens, Charles Carleton and Daniel Langthorne were made defendants - appearance of defendants before the Court, Simpson and Beeton answering together, the rest separately - Simpson and Beeton stated that they believed Blick applied to John Bateman for money and on 15 Mar 1723 assigned to him premises by way of mortgage and that indentures of lease and release of 11-12 Sep 1727 to secure further money occurred - Simpson and Beeton stated that they appealed to Elizabeth Halpen to persuade John Bateman to grant power of attorney to Blick to collect rents, which she did; Elizabeth Halpen then applied to them to repair and finish certain houses which formed part of the mortgage security stating that they would be repaid from rents, producing power of attorney for them to act - William Simpson agreed that he received certain sums but denied that he converted them to his own use, all being used to repair and finish the buildings. He further stated that as of July 1730 he was owed £145..8s..11½d for repairs etc., besides £700 which he and Beeton had engaged be paid to workmen for the repairs etc. - Joseph Beeton denied receiving any rents, admitted that John Bateman died before they accounted with him and that the power of attorney was revoked by Elizabeth Halpen, ending receipt of any more rents by he or Simpson - William Simpson stated that he had presented a statement of account for the repairs etc. to Elizabeth Halpen and, by power of attorney, she empowered him and Mark Halpen to receive rents which he did until May 1730 - William Simpson and Joseph Beeton admitted that Blick assigned to them equity of redemption and power of sale regarding the mortgaged premises by an indenture of 21 Jan 1730 and that the principal was still outstanding on Bateman's mortgage, but that they did not know how much interest remained unpaid or if there were any prior incumbrances. Both stated that they were ready to pay what was owing on the mortgage - Nicholas Blick junior admitted the mortgage debt to Elizabeth Halpen as executrix of John Bateman, that Bateman gave him power of attorney, which Elizabeth Halpen revoked, that he assigned equity of redemption and power for sale to Simpson and Beeton and that he was prepared to pay what was owing - Lancelot Stephens stated that Nicholas Blick mortgaged premises in Noel Street, Burlington Gardens, in occupation of Robert Birch to secure a £200 loan from him on 5 Oct 1723 and that he was in receipt of rents from the premises - Daniel Langhorne stated that Blick granted him an annuity of £100 arising out of several houses in Curzon Street, otherwise Blick Street, in parish of St.George's, Hanover Square and believed that these premises may form part of the premises mortgaged to Bateman and he agreed to foreclosure of the term of 1,000 years subject to arrears of his annuity being paid and all future payments being made on time - Charles Carleton stated that Blick mortgaged part of Littlebrook Field, now called Curzon Street, to secure a loan of £700 from Elizabeth Wootten on 29 Sep 1723. Elizabeth Wootten died in Apr 1724 appointing him as executor of her will, which he duly proved. He received a part repayment of £200 on 2 Apr 1727 and £100 on 23 Jun 1733 and that about £220 remained outstanding - witnesses and depositions were then examined - the issue came before James Reynolds esquire, Lord Chief Baron, Sir Lawrence Carter, Sir William Thomson and William Fortescue esquire with Mr.Butler, Mr.Brown and Mr.Bootle acting for the plaintiffs and Mr.Mills, Mr.Starkie, Mr.Clarke and Mr.Foley for the defendants Order, Adjudgement & Decree - the matter to be referred to Charles Taylor, Deputy Remembrancer of the Court to state what was owed to Stephens and Carleton as prior mortgagees and what was owed to Elizabeth Halpen and to Daniel Langhorne on his annuity. An account should also be made of all rents received - that all parties agreed that the mortgaged premises be sold (those subject to the annuity to be sold as such) and the money used to pay off the mortgages in priority order which would then be reconveyed to Simpson and Beeton upon trusts noted in the assignment to them from Blick of 21 Jan 1730
  • Level of description
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