The Document Chest
1818 Contract & Deed of Covenant
On the Sale of a piece of Land by Sparrow's Lane between George Daniell Esq and Mr Henry Penny
This indenture
made the thirty
first day of
December in the
fifty ninth year
of the reign of
our Sovereign
Lord George the
third by the
Grace of God of
the United
Kingdom of Great
Britain and
Ireland King
Defender of the
Faith and in the
year of our Lord
One thousand and
eighteen Between
George Daniell
of Lincoln Inn
Fields in the
County of
Middlesex
Esquire (Eldest
Brother Heir
Apparent of A’Court Daniell
of Lincoln Inn
Fields
aforesaid) of
the one part and
Henry Penny of
Yeovil in the
County of
Somerset Glover
of the other
part Whereas
the said A’Court
Daniell is
seized in fee
simple in
possession of
All that
piece of parcel
of Arable Land
containing by
estimation half
an acre but by
admeasurement
two roods and
ten perches (be
the same more or
less) situate
lying and being
in the parish of
Yeovil aforesaid
by the side of
Sparrow’s Lane a
Close belonging
to the said
Henry Penny
bounded on the
West by the
Highway on the
East by the
other part of
the said Close
belonging to him
the said Henry
Penny and on the
South by the
said Lane
heretofore in
the possession
of William
Daniell deceased
Grandfather of
the said A’Court
Daniell
afterwards of
Jane Daniell
deceased
Daughter of the
said William
Daniell and now
of the said
A’Court Daniell
or their
respective
tenant or
tenants with all
and singular the
rights members
and
appurtenances to
the same
belonging And
whereas the
said A’Court
Daniell now is
and for many
years past hath
been of unsound
mind and
consequently
incapable of
doing any legal
acts or of
managing his
affairs And the
said George
Daniell, his
brother, hath
therefore taken
upon himself the
management of
his Estate and
Effects for the
benefit of the
said A’Court
Daniell And
Whereas the
said George
Daniell (on
behalf of his
said Brother
A’Court Daniell)
hath at the
request of the
said Henry Penny
agreed And doth
hereby agree to
sell to the said
Henry Penny the
fee simple and
inheritance of
the said piece
or parcel of
Land
hereinbefore
particularly
mentioned and
described with
the
appurtenances
free from
Incumbrances at
or for the price
or sum of
Seventy five
pounds [about
£7,700 at
today’s value]
And the said
George Daniell
hath let the
said Henry Penny
into the actual
possession of
the said
premises And
hath further
agreed to enter
into the
Covenant in that
behalf
hereinafter
expressed and
contained Now
this Indenture
Witnesseth
that in
pursuance of the
said Agreement
and for and in
consideration of
the sum of
Seventy five
pounds of lawful
money of the
United Kingdom
of Great Britain
and [word
illegible]
current in Great
Britain to the
said George
Daniell in hand
well and truly
paid by the said
Henry Penny at
or immediately
before the
sealing and
delivery of
these presents
in full for the
absolute
purchase of the
fee simple and
Inheritance of
the said piece
or parcel of
Ground with the
appurtenances
free from
Incumbrances the
receipt of which
said sum of
Seventy five
Pounds he the
said George
Daniell doth
hereby
acknowledge and
thereof and
therefrom and of
and from every
part thereof
doth acquit
release
Exonerate and
discharge the
said Henry Penny
his heirs
executors
administrators
and assigns and
every of them by
these presents
He the said
George Daniell
for himself his
heirs executors
and
administrators
doth hereby
covenant promise
and agree
to and
with the said
Henry Penny his
heirs executors
administrators
and assigns in
manner following
that is to say
that he the said
George Daniell
his heirs
executors or
administrators
[word illegible]
or one of them
shall and well
and truly pay or
cause to be paid
in account for
unto the said
A’Court Daniell
upon his
becoming of
sound mind or to
his heirs or
heir immediately
upon his death
in case he shall
continue during
his life under
his present
incapacity the
said purchase
money or sum of
Seventy five
pounds so
received by him
the said George
Daniell of the
said Henry Penny
aforesaid
together with
all interest to
be made or
obtained for or
in respect of
the same in the
meantime And
shall and will
from time to
time and at all
times hereafter
well and
effectually save
defend keep
harmless and
indemnified the
said Henry Penny
his heirs
executors
administrators
and assigns and
his and their
lands and
tenements goods
and chattels of
from and against
all loss Costs
charges damages
and Expenses
which he or they
or any of them
shall or may
sustain expend
or be put unto
by reason or
means of
nonpayment of
the same or any
part thereof And
also that in
case the said
A’Court Daniell
shall at any
time during his
life shall
become possessed
of a sane mind
He the said
A’Court Daniell
and all and
every other
person and
persons having
or claiming or
who shall or may
then have or
claim any Estate
right title
trust or
Interest at Law
or in Equity of
into or out of
the said piece
or parcel of
Land and
premises
hereinbefore
mentioned and
described and so
agreed to be
sold as
aforesaid shall
and will
immediately
thereupon in
consideration of
the said sum of
Seventy five
pounds so paid
by the said
Henry Penny to
the said George
Daniell for the
use of the said
A’Court Daniell
as aforesaid and
without any
further or other
Consideration at
the Costs and
Charges of the
said A’Court
Daniell (except
the Stamp Duty)
and by such
Conveyances and
Assurances in
the Law as the
said Henry Penny
his heirs or his
or their Counsel
shall advise or
require well and
effectually
grant bargain
sell release
convey and
assure unto the
said Henry Penny
his heirs and
assigns or as he
or they shall
direct or
appoint free
from
Incumbrances
All that the
said piece or
parcel of Land
containing by
estimation half
and acre but by
admeasurement
two roods and
ten perches
situate lying
and being in the
parish of Yeovil
aforesaid
hereinbefore
particularly
mentioned and
described
Together with
all and singular
the rights
members
easements and
appurtenances to
the same
belonging or
appertaining To
hold the said
piece or parcel
of Ground
hereditaments
and premises
with the
appurtenances
unto and to the
use of the said
Henry Penny his
heirs and
assigns forever
And further
that in case the
said A’Court
Daniell shall
happen to depart
this life
without having
executed such
Conveyances and
Assurances of
the said
premises as
aforesaid Then
that the heir or
heirs at Law of
him the said
A’Court Daniell
and all and
every other
person and
persons
whomsoever
lawfully or
equitably
claiming or to
claim by from
under or in
trust for him or
them shall and
will at the
Costs and
Charges or the
said Heir or
Heirs at Law of
the said A’Court
Daniell (except
as aforesaid)
immediately upon
the death of the
said A’Court
Daniell without
any further or
other
considerations
than
hereinbefore is
mentioned and
expressed to be
already paid and
by such
Conveyances and
Assurances as
aforesaid in
like manner well
and effectually
grant bargain
sell release
convey and
assure the same
piece or parcel
of Ground
hereditaments
and premises
with the
appurtenances
free from
incumbrances
unto and to the
use of the said
Henry Penny his
heirs and
assigns forever
or as he or they
shall direct or
appoint And
also that
for and not
withstanding any
act deed matter
of thing
whatsoever had
made done
committed or
knowingly
suffered to the
contrary by the
said A’Court
Daniell or any
of his Ancestors
or Testators or
heir any or
either of their
Trustee or
Trustees the
said A’Court
Daniell is now
seized to him
and his heirs of
a good sure
lawful absolute
and indefeasible
[?] Estate of
Inheritance in
fee simple in
possession of
and in the said
piece or parcel
of Ground
hereditaments
and premises
with the
appurtenances
hereinbefore
mentioned and
described and so
agreed to be
sold and
conveyed as
aforesaid
without any
condition trust
power of
revocation or of
limitation to
any new or other
use or uses or
any other power
[?] restraint
cause matter or
thing whatsoever
to alter change
charge defeat
make void revoke
abridge lessen
incumber or
determine the
same Estate
And moreover
that it shall
and may be
lawful to and
for the said
Henry Penny his
heirs and
assigns from
time to time and
at all times
forever
hereafter
peaceably and
quietly to have
hold use occupy
possess and
enjoy the said
piece or parcel
of Ground and
premises
hereinbefore
mentioned and
described with
the
appurtenances of
which the
possession hath
so been
delivered to him
as aforesaid And
to receive and
take the rents
issues and
profits thereof
And of every
part thereof to
and for his
and their
own proper use
and benefit in
like manner as
if the same had
been duly
granted and
Conveyed unto
and was or were
now absolutely
vested in the
said Henry Penny
his heirs and
assigns without
any let suit
trouble eviction
ejection
expulsion
hindrance denial
interruption or
disturbance
whatsoever of
from or by the
said A’Court
Daniell or his
heirs or any
other person or
persons lawfully
or equitably
claiming or to
claim any Estate
right title term
least [?] or
interest [word
illegible] out
of the same
piece or parcel
of Ground and
premises with
the
appurtenances by
from through
under [word
illegible] for
him or them or
any of his
ancestors or
testators And
that free and
clear and freely
clearly and
absolutely
acquitted
Exonerated
discharged or
otherwise by the
said George
Daniell his
heirs executors
or
administrators
well and
sufficiently
protected
defended served
harmless and
kept indemnified
of from and
against all and
all manner of
former and other
Estates rights
titles trusts
charges debts
claims demands
and Incumbrances
whatsoever at
any time or
times heretofore
or to be at any
time or times
hereafter had
made done
committed
occasioned or
suffered by the
said A’Court
Daniell or any
of his Ancestors
or Testators or
any other person
or persons
claiming or to
claim by from or
under or in
trust for him or
them (the Land
Tax only
excepted) And
lastly that
in case the said
Henry Penny his
heirs or assigns
shall at any
time hereafter
(before such
conveyances and
assurances of
the said
hereditaments
and premises
shall be
executed and
perfected as
aforesaid)
without his or
their [word
illegible]
neglect default
or collusion be
evicted and
turned out of
possession of
the said piece
or parcel of
ground
hereditaments
and premises by
the said A’Court
Daniell or his
heirs or by any
other person or
persons lawfully
or equitably
claiming or to
claim by from
through
under or
in trust for him
or them or any
of his ancestors
or Testators for
want or by
reason of defect
of title in the
said A’Court
Daniell or
otherwise so as
that he the said
Henry Penny his
heirs or assigns
shall or may be
prevented or
hindered from
holding and
enjoying the
same premises
according to the
true intent and
meaning of these
presents Then
and in such case
he the said
George Daniell
his heirs
executors or
administrators
shall and will
immediately upon
such eviction
well and truly
pay or cause to
be paid unto the
said Henry Penny
his heirs
executors or
administrators
the said
purchase money
or sum of
Seventy five
pounds so
received by the
said George
Daniell of the
said Henry Penny
as aforesaid
together with
lawful interest
for the same
from the time of
such eviction
until the same
shall be repaid
In Witness
whereof the said
parties to these
presents have
hereunto set
their hands and
seals the day
and year first
above written
Geo [seal]
Daniell
Hy [seal]
Penny
Transcribed by Bob Osborn
