Yeovil's Virtual Museum

1839 Mortgage for £500 and Interest

Silas Feaver to Elias Whitby the younger for Ashgrove

 

[Sheet One]

This Indenture made the Twentieth day of August One thousand eight hundred and thirty nine Between Elias Whitby the younger of Yeovil in the County of Somerset Glove Manufacturer of the one part and Silas Feaver of the same place Tea dealer of the other part Whereas by Indenture or Lease and Appointment and Release bearing date respectively the ninth and tenth days of August instant the appointment and Release being made between George Harris of the first part Thomas Phelps the younger of the second part the said Elias Whitby the younger of the third part and James Hooper Whitby [Elias’s younger brother] of the fourth part All that piece or parcel of land part of a Close of Pasture Land called Penny’s Ground containing in length towards the north One hundred and seventy one feet and towards the south Two hundred and two feet and in width towards the east and west One hundred and twenty eight feet (be the same respectively a little more or less) together with the Messuage or Dwellinghouse erected on the said piece or parcel of land which said piece or parcel of land then in the possession of the said Elias Whitby the younger and was situate in the parish of Yeovil aforesaid and was more particularly delineated and described on the plan thereof drawn in the margin of the now writing Indenture Was appointed conveyed and assured unto the said Elias Whitby the younger and his heirs To such uses upon and for such trusts and intents and purposes and with under and subject to such powers provisos and declarations as the said Elias Whitby the younger by any deed of deeds writing or writings with or without power of revocation to be by him legally executed should from time to time appoint And in default of and until such appointment and so far as the same should not extend To the use of the said Elias Whitby the younger and his assigns during his natural life without impeachment of waste with a limitation To the use of the said James Hooper Whitby his executors and administrators during the life of the said Elias Whitby the younger In trust for him and his assigns with remainder To the use of the heirs and assigns of the said Elias Whitby the younger for ever And whereas the said Elias Whitby the younger having occasion for the sum of Five hundred pounds hath requested the said Silas Feaver to advance him the same at interest on the security hereinafter contained which the said Silas Feaver hath agreed to do Now this Indenture witnesseth that in consideration of the sum of Five hundred pounds sterling to the said Elias Whitby the younger in hand paid by the said Silas Feaver at or immediately before the sealing and delivering of these presents the receipt whereof the said Elias Whitby the younger doth hereby acknowledge and from the same and every part thereof doth release and for ever discharge the said Silas Feaver his heirs executors administrators and assigns the said Elias Whitby the younger by virtue and in exercise and execution of the power or authority given or reserved to him by the said hereinbefore in part recited Indenture of Appointment and Release and of every other power and authority enabling him in this behalf Doth by these presents executed by him in the presence of one creditable witness at least absolutely appoint That All that the said piece or parcel of land dwellinghouse and hereditaments hereinbefore described and comprised in and conveyed unto the said Elias Whitby the younger in and by the said hereinbefore in part recited Indentures together with their and every of their rights members and appurtenances shall henceforth remain continue and be To the only proper use of the said Silas Feaver his heirs and assigns for ever Subject nevertheless to the proviso or agreement for the redemption of the said hereditaments hereinafter contained Provided always that if the said Elias Whitby the younger his heirs executors administrators or assigns shall pay or cause to be paid unto the said Silas Feaver his executors administrators or assigns the sum of Five hundred pounds sterling with interest for the same after the rate of Five pounds per centum per annum on the [blank space] day of February now next ensuing without any deduction whatsoever then and in such case the said Silas Feaver his heirs or assigns shall at the request Costs and Charges of the said Elias Whitby the younger his heirs or assigns reconvey or reassure all and singular the said hereditaments and premises hereby appointed with their appurtenances unto and to the use of the said Elias Whitby the younger his heirs or assigns or otherwise as he or they shall direct free from all charges and incumbrances to be made or occasioned by the said Silas Feaver his heirs and assigns in the meantime Provided also and it is hereby declared and agreed by and between the said parties hereto that in case default shall be made in payment of the said sum of Five hundred pounds and the interest thereof or any part thereof at the time hereinbefore appointed for payment thereof of which default the production of these presents shall be deemed sufficient evidence and if the said Silas Feaver his heirs executors administrators or assigns shall give to the said Elias Whitby the younger his heirs executors or administrators or leave at his or their last of usual place of abode in England six Calendar months previous notice in writing of his or their intention to proceed to a sale of the said hereditaments and premises hereby appointed or intended so to be and the principal and interest monies intended to be hereby secured shall not be paid at the expiration of such notice Then is shall be lawful for the said Silas Feaver his heirs executors administrators and assigns immediately or at any other time after such default and the expiration of such notice as aforesaid without the necessity of any consent or concurrence of the said Elias Whitby the younger his heirs executors administrators or assigns and without any prejudice to the right of the said Silas Feaver his heirs executors administrators or assigns to foreclose the equity of redemption of the said hereditaments and premises or to take any other remedy for payment of the money intended to be hereby secured to enter into and upon the said hereditaments and premises hereby appointed or intended so to be and receive the rents issues and profits thereof and either before or after such entry to make sale and absolutely dispose of all and every the same hereditaments and premises or any part thereof and the fee simple and inheritance thereof either altogether or in lots either by public auction or private Contract with liberty to buy in the same or any part thereof at any auction or auctions and resell the hereditaments so bought in at any future auction or by private Contract without being answerable for any loss which may be occasioned thereby and to convey and assure the same hereditaments and premises when sold to the purchaser or purchasers thereof or as he she or they shall direct And it is hereby declared that the receipts of the said Silas Feaver his heirs executors administrators or assigns for the said purchase money rents and profits shall be good discharges for the same And that the person or persons paying him or them any monies and taking such receipts shall not afterwards be liable to see to the application or be answerable for the loss misapplication or nonapplication of the monies therein expressed to be received and that the purchaser or purchasers shall not be required to ascertain whether such previous notice of Sale as hereinbefore mentioned may have been given nor be affected by knowledge that no such notice hath been given nor be obliged in any manner to inquire the necessity expediency reason or authority of or for any such sale or Sales And further that the said Silas Feaver his heirs executors administrators or assigns shall or lawfully may apply and dispose of the money which shall arise from such Sale or Sales and the rents and profits which shall come to his or their hands previously thereto by virtue of these presents in the first place in payment of all Costs Charges and Expences attending such Sale or Sales or which shall have been incurred by him or them in obtaining the possession or in the receipt of the costs and profits or for taxes repairs or fire Insurance of the said hereditaments and premises or

 

[Sheet Two]

In the obtaining payment of the money hereby intended to be secured or otherwise in or relating to the execution of the trusts or powers hereby created and in the next place in payment and satisfaction of the said principal sum of Five hundred pounds or so much thereof as shall then remain due together with all arrears of interest thereof and in case after full payment and satisfaction thereof any sum or sums of money shall remain in the hands of the said Silas Feaver his heirs executors administrators or assigns Then upon trust to pay such residue or surplus unto the said Elias Whitby the younger his heirs executors administrators or assigns or as he or they shall direct And the said Elias Whitby the younger for himself his heirs Executors and administrators doth hereby covenant and agree with the said Silas Feaver his heirs executors administrators and assigns that the said Elias Whitby the younger his heirs executors administrators or assigns will duly pay or cause to be paid unto the said Silas Feaver his heirs executors administrators and assigns the said sum of Five hundred pounds with interest for the same after the rate aforesaid at the time and in the manner hereinbefore appointed for the payment thereof according to the true intent and meaning of these presents And also that in case default shall be made in payment of the said sum of Five hundred pounds or of the Interest thereof or of any part of the same respectively at the time and in manner hereinbefore appointed for payment thereof than and from thenceforth and at any time thereafter it shall be lawful for the said Silas Feaver his heirs executors administrators and assigns peaceably and quietly to enter into and upon and hold and enjoy the said hereditaments and premises with their appurtenances and to take the rents and profits thereof to and for his and their own use and benefit and freely to exercise all the powers and authorities herein contained without any interruption or denial whatsoever from or by the said Elias Whitby the younger his heirs or assigns or other person or persons whomsoever And that free and clear from all Charges and Incumbrances whatsoever And also that the said Elias Whitby the younger and his heirs and all other persons whosoever having a rightfully claiming any Estate right title or interest at Law or in Equity in or to the said hereditaments and premises hereby appointed or intended so to be or any part thereof shall and will at all times hereafter upon the reasonable request of the said Silas Feaver his heirs executors administrators or assigns and at the Costs and Charges of the said Elias Whitby the younger his heirs or assigns make execute and perfect all such further acts conveyances assurances in the Law whatsoever for the more perfectly and absolutely appointing conveying and assuring all and singular the same hereditaments and premises with their appurtenances unto and to the use of the said Silas Feaver his heirs or assigns or otherwise as he or they or his or their Counsel in the Law shall reasonably advise and require And lastly that the said Elias Whitby the younger for himself his heirs executors or administrators will at his or their own Costs and Charges from time to time so long as any sum or sums of money shall remain due on this security insure and keep insured from loss or damage by fire in the name of the said Silas Feaver his executors administrators or assigns in some public Insurance Office to be approved of by him or them the said dwellinghouse and buildings hereby appointed and all other erections and buildings to be erected and built on the land hereby appointed in the sum of Four hundred pounds at the least and will from time to time immediately after payment of the premiums to become payable in respect of such Insurance deliver to the said Silas Feaver his Executors Administrators or assigns the receipt for the same And that in case default shall be made by the said Elias Whitby the younger his heirs executors administrators or assigns in insuring or keeping insure of the said dwellinghouse and buildings or any of them or in delivering the receipt for the premiums of Insurance as aforesaid then and in every such case it shall be lawful for the said Silas Feaver his executors administrators or assigns to effect and keep on foot such Insurance as aforesaid and that he the said Elias Whitby the younger his heirs Executors or Administrators will on demand thereof pay unto the said Silas Feaver his executors administrators or assigns such sum and sums of money as he or they shall pay or Expend for any such Insurance and such sum and sums of money shall be a charge upon the said hereditaments and premises hereby appointed and the same shall not be redeemed or redeemable in any Court of Law or Equity until payment thereof unto the said Silas Feaver his heirs executors administrators or assigns And for better securing the due payment of the Interest of the said sum of Five hundred pounds half yearly the said Elias Whitby the younger doth hereby give and grant unto the said Silas Feaver his executors administrators and assigns that as often as it shall happen that the interest of the sum of Five hundred pounds shall be in arrears either the whole or in part for the space of thirty days after any of the respective days whereon the same shall become due and payable half yearly it shall be lawful for the said Silas Feaver his executors administrators or assigns to enter into and upon the hereditaments and premises hereby appointed or intended so to be or unto and upon any part of the same in the name of the whole to enter and distrain for such Interest and the arrears thereof and the distress and distresses then and there found to impound and in pound to detain and in due time to appraise and disperse of the same according to the due course of Law in the same manner in all respects as Landlords are by Act of Parliament or otherwise authorized to do in respect of distresses for arrears of rent reserved upon Leases for years to the intent that the said Silas Feaver his Executors Administrators or assigns shall by the same distress or distresses be paid and satisfied all arrears of the said Interest and all Costs occasioned by the non payment thereof In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

Elias [seal] Whitby Jnr

 

Courtesy of Heidi Nicholson-Moore
Transcribed by Bob Osborn