Yeovil's Virtual Museum

Conveyance of the equity of redemption of a Dwellinghouse [Ashgrove] from Elias Whitby Jnr to Joseph Whitby

 

This Indenture made the twenty fifth day of March One thousand eight hundred and fifty four Between Elias Whitby the Younger of Yeovil in the County of Somerset Glove Manufacturer of the one part and Joseph Whitby of Yeovil aforesaid Accountant of the other part Whereas by an Indenture bearing date on or about the Twentieth day of August One thousand eight hundred and thirty nine made between the said Elias Whitby of the one part and Silas Feaver of the other part In consideration of the sum of Five hundred pounds [around £62,000 at today’s value] to the said Elias Whitby paid by the said Silas Feaver the said Elias Whitby appointed The piece or parcel of land Dwellinghouse and Hereditaments hereinafter described and intended to be hereby granted and conveyed with their appurtenances To the use of the said Silas Feaver his heirs and assigns forever Subject to a proviso for redemption and reconveyance of the same premises upon payment by the said Elias Whitby his heirs executors administrators or assigns unto the said Silas Feaver his executors administrators or assigns of the sum of Five hundred pounds sterling with Interest for the same after the rate of Five pounds per centum per annum on the twentieth day of February then next ensuing With a power of sale in default of payment which power has not been exercised  And whereas the said principal sum of Five hundred pounds still remains owing upon the aforesaid security but all Interest in respect thereof hath been duly paid up to the day of the date of these presents as the said Elias Whitby doth hereby testify and declare And whereas the said Joseph Whitby hath contracted with the said Elias Whitby for the absolute purchase of the said piece or parcel of land Dwellinghouse and hereditaments hereinafter described and intended to be hereby granted and conveyed and the inheritance thereof in fee simple (subject nevertheless to the payment of the said Principal sum of Five hundred pounds secured by the said recited [?] Indenture of Mortgage as aforesaid) at or for the price or sum of Two hundred and twenty five pounds which said several sums of Five hundred pounds and Two hundred and twenty five pounds make together the sum of Seven hundred and twenty five pounds Now this indenture witnesseth that in pursuance of the said recited agreement and in consideration of the sum of Two hundred and twenty five pounds sterling to the said Elias Whitby paid by the said Joseph Whitby at or before the sealing and delivery of these presents the receipt whereof the said Elias Whitby doth hereby acknowledge and therefrom doth hereby acquit release and forever discharge the said Joseph Whitby his heirs executors administrators and assigns And in consideration of the Covenant hereinafter contained on the part of the said Joseph Whitby his heirs executors and administrators He the said Elias Whitby doth by these presents appoint and also grant release and confirm unto the said Joseph Whitby and his heirs 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 Five 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 Dwellinghouse piece or parcel of land and hereditaments were lately in the possession of the said Elias Whitby but is now in the possession of the said Joseph Whitby and are situate in the parish of Yeovil aforesaid Together with all and singular the rights members and appurtenances to the same hereditaments belonging or in anywise appertaining and the reversions and remainders rents issues and profits thereof And all the Estate right title Interest use trust equity of redemption inheritance property claim and demand whatsoever both at law and in equity of him the said Elias Whitby of in to or out of the same premises To have and To hold the said Dwellinghouse piece or parcel of land hereditaments and all and singular other the premises hereinbefore described and expressed to be hereby granted with their rights members and appurtenances (subject to and charged and chargeable with the payment of the said principal sum of Five hundred pounds due and owing upon or by virtue of the said recited security) unto the said Joseph Whitby and his heirs forever To the use of the said Joseph Whitby his heirs and assigns forever And the said Joseph Whitby (who has been married to his present Wife since the operation of the Act of Parliament intitled “An Act for the amendment of the Law relating to Dower”) hereby declares that his Widow shall not be entitled to Dower out of the said Hereditaments and premises hereby granted and conveyed And the said Elias Whitby for himself his heirs executors and administrators and for and against the acts and defaults only of himself or of any person or persons claiming or to claim through under or in trust for him covenants with the said Joseph Whitby and his heirs free from encumbrances except the aforesaid Mortgage Security And that the same hereditaments and premises shall henceforth be held and enjoyed accordingly And shall at any time of times at the costs of the person or persons requiring the same be further and more effectually or satisfactorily assured unto and to the use of the said Joseph Whitby his heirs and assigns or otherwise by such acts deeds or other Assurances as the said Joseph Whitby his heirs or assigns shall reasonably require and lender to be done executed or made And the said Joseph Whitby for himself his heirs executors and administrators covenants with the said Elias Whitby his heirs executors and administrators That he the said Joseph Whitby his heirs executors administrators or assigns will or shall pay unto the said Silas Feaver his executors administrators or assigns the said sum of Five hundred pounds and all future interest thereon and keep the said Elias Whitby indemnified therefrom and from all proceedings costs and damages to be occasioned by the repayment thereof Provided that the said Joseph Whitby his heirs and assigns after payment of the said Principal and interest moneys may for the purpose only of protection from all mesne [?] incumbrances and notwithstanding and constructive or actual notice thereof stand in the place of the said Silas Feaver his executors administrators or assigns and that the said Principal sum of Five hundred pounds and all future interest thereon as being still on fool [sic] unmerged in the equity of redemption And it is declared that as between the real and personal representatives of the said Joseph Whitby the said hereditaments and premises shall be the primary fund for payment of the said mortgage debt 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 Jr
Joseph [seal] Whitby

Courtesy of Heidi Nicholson-Moore
Transcribed by Bob Osborn

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Courtesy of Heidi Nicholson-Moore