Yeovil's Virtual Museum

Conveyance of a Dwellinghouse [Ashgrove] from Messrs Feaver and Whitby to Edwards

 

This Indenture made the twenty first day of August one thousand eight hundred and fifty seven Between Silas Feaver of Castle Cary in the County of Somerset Gentleman of the first part Joseph Whitby of Yeovil in the said County Accountant of the second part and James Edwards of Yeovil aforesaid Draper of the third part Whereas the said Joseph Whitby is seized in Fee simple in possession of the Messuage or Dwellinghouse hereditaments and premises hereinafter described and intended to be hereby granted and conveyed Subject to a certain Mortgage thereon for securing the sum of Five hundred pounds and Interest to the said Silas Feaver by Indenture dated on or about the twentieth day of August one thousand eight hundred and thirty nine and made between Elias Whitby the Younger of the one part and the said Silas Feaver of the other part in which said Indenture of Mortgage the said Principal sum of Five hundred pounds only now remains due And whereas the said James Edwards hath contracted with the said Joseph Whitby for the absolute purchase of the said Messuage or Dwellinghouse hereditaments and premises and the Fee simple and inheritance thereof in possession free from all incumbrances at or for the price or sum of Seven hundred and fifty pounds out of which it hath been agreed that the said sum of Five hundred pounds so now due to the said Silas Feaver as aforesaid shall be paid to him Now this Indenture Witnesseth that in pursuance of the said Contract and in consideration of the sum of Five hundred pounds of Sterling money (part of the said purchase money or sum of Seven hundred and fifty pounds) to the said Silas Feaver paid by the said James Edwards at or immediately before the sealing and delivery of these presents (at the request and by the direction of the said Joseph Whitby testified by his being a party to and sealing and delivering these presents) the receipt whereof and that the same is in full payment and discharge of all Principal Interest and other monies due upon or by virtue of the hereinbefore referred to Indenture of Mortgage he the said Silas Feaver doth hereby acknowledge and of and from the same doth hereby acquit release and discharge the said James Edwards his heirs and assigns and also the said Elias Whitby and Joseph Whitby and their respective heirs executors and administrators together with the said Messuage or Dwellinghouse hereditaments and premises And also in consideration of the further sum of Two hundred and fifty pounds of Sterling money (being the residue of the said purchase money or sum of Seven hundred and fifty pounds) to the said Joseph Whitby at the same time also paid by the said James Edwards the receipt of which said last mentioned sum of Two hundred and fifty pounds the said Joseph Whitby doth hereby acknowledge and that the payment thereof and of the said Sum of Five hundred pounds to the said Silas Feaver as aforesaid (making together the said purchase money or sum of Seven hundred and fifty pounds) is in full for the absolute purchase of the said Messuage or Dwellinghouse hereditaments and premises hereinafter described and intended to be hereby granted and conveyed with the appurtenances and the Fee simple and inheritance thereof in possession free from all incumbrances he the said Joseph Whitby doth hereby also acknowledge and of and from the same doth hereby acquit release exonerate and for ever discharge the said James Edwards his heirs executors administrators and assigns and also the said Messuage or Dwellinghouse hereditaments and premises He the said Silas Feaver (at the request and by the direction of the said Joseph Whitby testified as aforesaid) Doth by these presents grant release alien and convey And the said Joseph Whitby Doth hereby grant release alien convey and confirm unto the said James Edwards his heirs and assigns All that Piece or Parcel of Land heretofore part of a Close of Pasture 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 the said Elias Whitby and late of the said Joseph Whitby but are now in the possession and occupation of the said James Edwards Together with all Houses Outhouses Buildings walls ways paths passages wells springs waters watercourses lights easements profits privileges advantages rights members and appurtenances whatsoever to the said Messuage or Dwellinghouse hereditaments and premises hereby granted and and conveyed or intended so to be or to any part thereof respectively belonging or in anywise appertaining And also all and every the Fixtures and other effects now belonging to the said Joseph Whitby in or upon the same hereditaments and premises or any part thereof And all the Estate right title interest use trust inheritance property possession Equity and Right of Redemption benefit claim and demand whatsoever both at Law and in Equity of them the said Silas Feaver and Joseph Whitby and each of them of in to or out of the same hereditaments and premises and every or any part thereof To have and To hold the said Messuage or Dwellinghouse Piece or Parcel of Land and all and singular other the hereditaments and premises hereinbefore described and hereby granted and conveyed or otherwise assured or intended so to be with their respective appurtenances unto the said James Edwards his heirs and assigns To and for the only proper use and behoof of him the said James Edwards his heirs and assigns forever Freed and absolutely discharged from the hereinbefore referred to Indenture of Mortgage and the powers provisos trust declarations and agreements therein contained and the Principal Interest and other monies thereby secured And the said James Edwards being now unmarried doth hereby declare that his Widow if he shall happen to die leaving a Widow shall not be entitled to Dower at Law or in Equity in ot out of the Messuage or Dwellinghouse hereditaments and premises hereby granted and conveyed or any part thereof And the said Silas Feaver for himself his heirs executors and administrators doth hereby covenant and declare with and to the said James Edwards his heirs and assigns that he the said Silas Feaver hath not at any time heretofore made done or committed or knowingly suffered any act deed matter or thing whatsoever whereby or by means whereof the said Messuage or Dwellinghouse hereditaments and premises hereby granted and conveyed or intended so to be or any part thereof are is can shall or may be charged impeached incumbered or otherwise prejudicially affected in Title Estate or otherwise howsoever And the said Joseph Whitby doth freely for himself his heirs executors and administrators covenant promise and agree with and to the said James Edwards his heirs and assigns in manner following that is to say that notwithstanding any act deed matter or thing whatsoever by them the said Joseph Whitby and Silas Feaver or either of them or any person or persons lawfully or equitably claiming or to claim by from through under or in trust for them or either of them made done committed executed or or suffered to the contrary the said Silas Feaver and Joseph Whitby now at the time of sealing and delivery of these presents have in themselves good right full power and lawful and absolute authority by these presents to grant release alien convey and confirm the said Messuage or Dwellinghouse hereditaments and premises hereby granted and conveyed or intended so to be with the appurtenances unto and to the use of the said James Edwards his heirs and assigns in the manner aforesaid and according to the true intent and meaning of these presents And further that it shall be lawful for the said James Edwards his heirs and assigns at all times hereafter peaceably and quickly to enter into and upon and to have hold use occupy possess and enjoy the said Messuage or Dwellinghouse hereditaments and premises hereby granted and conveyed or intended so to be with the appurtenances and to receive and take the Rents and profits thereof to and for his and their own use and benefit without any eviction or interruption by them the said Joseph Whitby and Silas Feaver or either of them or any person or persons lawfully or equitably claiming or to claim by from through under or in trust for them or either of them And that free from all adverse Estates rights and interests and all charges and incumbrances whatsoever occasioned or suffered by them the said Joseph Whitby and Silas Feaver or either of them or any person or persons lawfully or equitably claiming or to claim by from through under or in trust for them or either of them And moreover that he the said Joseph Whitby and his heirs and all other persons having lawfully or equitably claiming or to claim and Estate or Interest in the said Messuage or Dwellinghouse hereditaments and premises hereby granted and conveyed or intended so to be or any part thereof by from through under or in trust for them the said Joseph Whitby and Silas Feaver or either of them shall from time to time and at all times hereafter upon every reasonable request and at the costs and charges of the said James Edwards his heirs of assigns make do acknowledge and execute all such further and other lawful and reasonable acts deeds Conveyances and Assurances in the Law whatsoever for the more perfectly granting releasing conveying and confirming the same hereditaments and premises with the appurtenances unto and to the use of the said James Edwards his heirs and assigns in the manner said parties to these presents have hereunto set their hands and seals the day and year first above written.

Silas [seal] Feaver                  Joseph [seal] Whitby

Courtesy of Heidi Nicholson-Moore
Transcribed by Bob Osborn

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Courtesy of Heidi Nicholson-Moore