Yeovil's Virtual Museum

Deed of Covenant for Title Deed [Ashgrove] from George Harris with James Edwards

 

This Indenture made the twenty first day of August one thousand eight hundred and fifty seven George Harris of Yeovil in the County of Somerset Builder of the one and James Edwards of the same place Draper of the other part. Whereas by an Indenture bearing even date with these presents and made between Silas Feaver of the first part and Joseph Whitby of the second part and the said James Edwards of the third part All that Piece or Parcel of Land heretofore 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 Messuage or Dwellinghouse Piece or Parcel of Land hereditaments and premises are situate adjoining the Mudford Road in Yeovil aforesaid and were sometime since in the possession of Elias Whitby the Younger and late of the said Josiah Whitby but are now in the possession and occupation of the said James Edwards  together with the appurtenances were conveyed and assured unto and to the use of the said James Edwards his heirs and assigns forever And whereas the Deed comprised and mentioned in the Schedule hereunder written relate not only to the said Messuage or Dwellinghouse hereditaments and premises so conveyed and assured unto and to the use of the said James Edwards his heirs and assigns as aforesaid but also to other Land hereditaments and premises of the said George Harris and upon the treaty by the said James Edwards with the said Joseph Whitby for the purchase of the first mentioned Messuage or Dwellinghouse hereditaments and premises it was agreed that the said Deed comprised and mentioned in the said Schedule and which is now in the custody of the said George Harris should remain in his custody upon his entering into such Covenant for the production thereof and for delivery of Attested and other copies thereof as hereinafter is contained Now this Indenture witnesseth that in pursuance of the said Agreement and in the consideration of the sum of Ten shillings of Sterling money to the said George Harris now paid by the said James Edwards the receipt whereof is hereby acknowledged He the said George Harris for himself his heirs appointees devices executors administrators and assigns Doth hereby covenant agree and promise with and to the said James Edwards his heirs and assigns in manner following (that is to say) that he the said George Harris his heirs appointees devices executors administrators and assigns or some or one of them shall and will from time to time and at all or any times or time hereafter (subject as hereinafter mentioned) unless prevented by Fire or another inevitable accident upon every reasonable request and at the proper costs and charges of the said James Edwards his heirs or assigns produce shew forth or cause and procure to be produced and shewn forth unto and permit to be inspected and perused by the said James Edwards his heirs and assigns or his or their Counsel Agents or Attorneys at or upon any Trial Hearing Commission or Examination in or directed by any Court or Courts of Law or Equity or any competent Court of Indicature or before any Arbitrators lawfully authorized or upon any other fit and reasonable occasion in any part of England the Deed comprised and mentioned in the Schedule hereunder written when and as often as shall be requisite or the said James Edwards his heirs or assigns shall require for the maintenance manifestation defending or proving of the Estate right title interest property or possession of him the said James Edwards his heirs or assigns of in or to the said Messuage or Dwellinghouse hereditaments and premises so conveyed and assured unto and to the use of from time to time and at all or any times as aforesaid And also shall and will from time to time and at all times hereafter at the request costs and charges the said James Edwards his heirs and assigns (unless prevented as aforesaid) make and deliver or cause and procure to be made and delivered to him or them or as he or they shall direct [word illegible] and attested and other copies and Abstracts of and Contracts from the same Deed and permit and offer or cause and procure such copies Abstracts and extracts to be examined and compared with the said original Deed either by the said James Edwards his heirs or assigns or by such other person or persons as he or they shall from time to time for that purpose nominate or appoint And also shall and will in the meantime use and take and cause to be used and taken all due and proper care to preserve and keep the same Deed from being lost destroyed torn damaged cancelled or otherwise defaced or injured Provided always and it is hereby declared and agreed by and between the said parties to these presents that if the said George Harris his heirs appointees devises or assigns shall at any time hereafter sell and dispose of all the other Land hereditaments and premises comprised  in the said Deed and now belonging to him the said George Harris or the greater part in value thereof and deliver over the same Deed to the Purchase or Purchasers thereof and shall and do procure such Purchaser or Purchasers at the proper costs and charges of the said George Harris his heirs appointees devises or assigns to enter into a like Covenant for the production of the said Deed and delivery of Attested and other copies and Abstracts of and Extracts from the same Deed in all respects to that hereinbefore contained with the said James Edwards his heirs and assigns and such Covenant shall tender [?] to or leave at the then or last place of abode of the said James Edwards his heirs or assigns in England before and Action Suit or other proceeding shall be commenced on the Covenant or Agreement hereinbefore contained Then and in that case but not otherwise the Covenant and Agreement hereinbefore contained for that purpose by or on the part of  the said George Harris shall from thenceforth cease determine and be void to all intents effects and purposes and these presents shall upon the request of the said George Harris his heirs appointees devises or assigns be delivered up to him or them to be cancelled anything herein contained to the contrary thereof in anywise notwithstanding In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

 

The Schedule above referred to

1852 January 31^st

Indenture of Grant and Release of this date made between John Moore of West Coker in the County of Somerset Esquire of the first part The Reverend George Frederick Daniell of Donnington in the County of Sussex Clerk of the second part George Harris of Yeovil in the said County of Somerset Builder of the third part John Noake Highmore of Preston Plucknett in the County of Somerset Gentleman of the fourth part Elias Whitby the Younger of Yeovil aforesaid Glove Manufacturer of the fifth part Silas Feaver of Castle Cary in the said County of Somerset Gentleman of the sixth part and John Slade of Yeovil aforesaid Gentleman of the seventh part.

George [seal] Harris

Courtesy of Heidi Nicholson-Moore
Transcribed by Bob Osborn

.

Courtesy of Heidi Nicholson-Moore