The Document Chest

1857 Contract

Joseph Whitby to James Edwards for Ashgrove

 

Articles of Agreement made and entered into this thirteenth day of April one thousand eight hundred and fifty seven Between Joseph Whitby of Yeovil in the County of Somerset Accountant of the one part and James Edwards of Yeovil aforesaid Draper of the other part The said Joseph Whitby doth hereby agree to sell unto the said James Edwards and the said James Edwards doth hereby agree purchase the Inheritance in Fee simple in possession free from all Incumbrances (except the Land Tax if any) of and in 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 Messuage or Dwellinghouse Piece or Parcel of Land hereditaments and premises are situate adjoining the Mudford Road in Yeovil aforesaid and are now in the possession and occupation of the said Joseph Whitby  Together with all appurtenances thereto belonging and the Fixtures Water Cash and other the Articles and Effects (except the Dresser in the Kitchen) which the said Joseph Whitby lately purchased of his Brother Mr Elias Whitby the Younger with the same premises and are now in upon or about the same premises at or for the price or sum of Seven hundred and fifty pounds [£100,500 at today’s value] of which Two hundred and fifty pounds have this day been paid by the said James Edwards to the said Joseph Whitby and the remainder is to be paid with Interest for the same at the time and in the manner hereinafter mentioned And the Title of the said Joseph Whitby commencing with a Conveyance from John Moody and his Trustee to Mr George Harris by Indentures of Lease and Appointment and Release dated respectively the twenty fourth and twenty fifth days of June one thousand eight hundred and thirty nine and including a subsequent Conveyance from John Moore and the Reverend George Frederick Daniell or one of them to the said Elias Whitby the Younger or his Mortgagee having been accepted by the said James Edwards it is hereby agreed that the said Joseph Whitby upon his receiving the remainder of the said purchase money or sum of Seven hundred and fifty pounds with Interest on such remainder at Five pounds per centum per annum from the day of the date hereof up to the time of the payment thereof and the Mortgagee of and all other persons having any legal or equitable Estate or Interest in the said premises hereby agreed to be sold shall at the expense of the said Joseph Whitby on or before the twentieth day of August next execute proper Conveyances and Assurances of the same unto and to the use of the said James Edwards his heirs or assigns or as he or they shall direct free from all Incumbrances (except the Land tax) And it is hereby further agreed that all such Conveyances and Assurances of the said premises hereby agreed to be sold shall contain all proper and usual Covenants for Title quiet enjoyment and further assurance and that the same and all Deeds of Covenant Assignments of Terms Abstracts of Title Parish Registers Official Attested or other copies of Deeds Orders or other Documents of Title that may be required by the said James Edwards shall be prepared and obtained by and at his expense And the said James Edwards doth hereby promise and agree upon the execution of such Conveyances and Assurances as aforesaid to pay unto the said Joseph Whitby the remainder of the said purchase money or sum of Seven hundred and fifty pounds with Interest on such remainder at Five pounds per centum per annum from the day of the date hereof up to the time of the payment thereof at the Office of Mr Henry Marsh Watts in Yeovil aforesaid on or before the twentieth day of August next And it is hereby agreed that the said James Edwards shall be entitled to the Rents and profits of the said premises hereby agreed to be sold from the day of the date hereof up to which day all Taxes Rates Assessments and other outgoings in respect thereof shall be discharged by the said Joseph Whitby And it is hereby also agreed that the said Indentures of Lease and Appointment and Release of the twenty fourth and twenty fifth days of June one thousand eight hundred and thirty nine and the said subsequent Conveyance hereinbefore referred to and all other Title deeds and writings relating solely to the said premises hereby agreed to be sold now in the possession or power of the said Joseph Whitby or the present Mortgagee of the said premises shall be delivered up to the said James Edwards on completion of the said purchase And it is hereby also agreed that the said Joseph Whitby shall and he doth hereby attorn Tenant to the said to the said James Edwards of all the said premises hereby agreed to be sold from the day of the date hereof at the rent of Five pounds and ten shillings per calendar month and to pay all Rates Taxes Assessments and other outgoings in respect thereof during his the said Joseph Whitby’s Tenancy and also to quit and deliver up possession of the same premises to the said James Edwards at any time hereafter on receiving one calendar month’s previous Notice in writing from the said James Edwards so to do And it is hereby also agreed that in case the said Joseph Whitby shall quit the said premises on or before the twentieth day of August next in consequence of having received any such Notice from the said James Edwards so to do then and in such case he the said James Edwards shall and will take off and purchase from the said Joseph Whitby all his Crops of Vegetables which may be then growing in the garden belonging to the said premises hereby agreed to be sold at a Valuation to be made by the said Joseph Whitby and James Edwards or in case they shall differ about the same by two persons to be named by them or the Umpire of such two persons in the usual way of reference to Arbitration And it is hereby lastly agreed that the expense of this Contract and a Duplicate thereof shall be paid by the said Joseph Whitby and James Edwards equally In witness whereof the said Joseph Whitby and James Edwards have hereunto set their respective hands the day and year first above written

Joseph Whitby            James Edwards

 

Witness to the signatures of the said Joseph Whitby and James Edwards

            H[enry] Shorland Watts        Solicitor Yeovil  

 

 

Courtesy of Heidi Nicholson-Moore
Transcribed by Bob Osborn