Transfer of a Mortgage Debt 1 November 1864

Wivenhoe House Estate Indenture

Added by Pat Marsden

Parcels 243, 244, 262 (upper plan) and 293, 294, 295, 296, 297 (lower plan) attached to the deed of 1.11.1864 referring to the transfer of a mortgage debt between Edward Smith and J S Barnes and John Bawtree, George Henry Errington, John Bawtree the younger and Jeremiah Haddock Essex Record Office D/DU 225/15
Essex Record Office D/DU 225/15
Extract from 1838 Tithe Award Map for Wivenhoe showing parcels 243, 244, 262 situated south east of the Cross and to the east side of Rectory Road.
Essex Record Office D/CT 406B
Extract from 1838 Tithe Award Map of Wivenhoe showing Parcels 292-298 of the Wivenhoe House Estate running east of the High Street and south of what is now Bellevue Road.
Essex Record Office D/CT 406B

Transfer of a Mortgage Debt of £500 secured on hereditaments in the parish of Wivenhoe Essex

Messrs Edward Smith and J S Barnes to Messrs Bawtree Errington Bawtree and Haddock

Dated 1st November 1864

Essex Record Office D/DU 225/15

This Indenture made the First day of November one thousand eight hundred and sixty four Between Edward Smith of Colchester in the County of Essex Auctioneer and John Stuck Barnes of the same place Gentleman of the one part and John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock all of Colchester aforesaid Bankers of the other part

Whereas by Indenture dated the twenty third day of May one thousand eight hundred and sixty one and made between Thomas Harvey of the one part and the said Edward Smith and John Stuck Barnes of the other part the land and hereditaments described in the Schedule hereunder written were conveyed

To the use of the said Edward Smith and John Stuck Barnes their heirs and assigns subject to a proviso for Reconveyance of the said hereditaments on payment by the said Thomas Harvey his heirs executors administrators or assigns unto the said Edward Smith and John Stuck Barnes their executors administrators or assigns of the sum of One thousand five hundred pounds with interest for the same at the rate of Five pounds per Centum per Annum on the twenty fourth day of June then next ensuing

And in the said Indenture was contained a Power of Sale and other powers exercisable in the event of default being made in payment of the said sum of One thousand five hundred pounds only and interest at the day and in manner aforesaid 

And whereas there is now due on the said recited security the sum of Five hundred pounds only as the said Edward Smith and John Stuck Barnes do hereby admit and acknowledge and they having occasion for the same the said John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock have agreed to pay them that amount on having a transfer of the said mortgage security in manner hereinafter contained

Now this Indenture witnesseth that in consideration of the sum of Five hundred pounds now paid by the said John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock to the said Edward Smith and John Stuck Barnes the receipt whereof is hereby acknowledged 

They the said Edward Smith and John Stuck Barnes Do and each of them Doth grant release and  convey unto the said John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock and their heirs

All and singular the lands and hereditaments described in the Schedule hereto And all ways easements and appurtenances whatsoever to the said lands and hereditaments belonging or appertaining or therewith usually held occupied or enjoyed And all reversions remainders rents issues and profits thereof

And all the Estate rights title and interest of the said Edward Smith and John Stuck Barnes and each of them therein or thereto

To have and to hold the said lands and hereditaments hereby conveyed unto the said John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock and their heirs To the use of the said John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock and their heirs and assigns for ever

Subject nevertheless to such Equity of redemption as the said premises may be subject to under the hereinbefore recited Indenture but with the power of Sale and other the powers contained in the hereinbefore recited Indenture 

And this Indenture further witnesseth that for the consideration aforesaid He the said Edward Smith and John Stuck Barnes Do and each of them Doth assign transfer and set over unto the said John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock their executors administrators and assigns 

All that the said sum of Five hundred pounds now due on the aforesaid Mortgage And all future interest in respect thereof And all the Estate and interest of the said Edward Smith and John Stuck Barnes therein

To have and to hold the said debt monies and premises hereby assigned unto the said John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock their executors administrators and assigns absolutely 

And for the more effectually enabling the said John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock their executors administrators and assigns to obtain the full benefit of this Assignment the said Edward Smith and John Stuck Barnes Do and each of them Doth nominate and appoint the said John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock their executors administrators and assigns their true and lawful Attornies at their own costs but in the names of the said Edward Smith and John Stuck Barnes to ask demand recover and receive of and from the said Thomas Harvey his heirs executors or administrators the said sum of Five hundred pounds and all future interest in respect thereof the said Edward Smith and John Stuck Barnes hereby ratifying and confirming and agreeing to ratify and confirm whatsoever the said Attornies shall do or cause to be done in the premises 

And the said Edward Smith and John Stuck Barnes for themselves their heirs executors and administrators hereby covenant with the said John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock their executors administrators and assigns that they the said Covenanting parties have not incumbered the premises

In witness whereof the said parties to these presents have herewith set their hands and seals the day and year first above written

The Schedule above referred to 

All those three pieces or parcels of Land and hereditaments lying together lately in the occupation of the said Thomas Harvey and buildings now standing thereon situate in the parish of Wivenhoe aforesaid delineated on the Map drawn on the back of these presents and therein colorectal (sic) pink and known by the numbers on the Tithe Commutation Map for the said parish of Wivenhoe and containing the quantities following (that is to say) Number 243 containing Five acres and thirty two perches Number 244 containing Two acres and three roods and Number 262 containing Two acres two roods and twenty eight perches

And also All those pieces or parcels of Land Barn Yards Barn pasture Garden hereditaments and appurtenances also lying together in the said parish of Wivenhoe also lately in the occupation of the said Thomas Harvey and known by the numbers on the said Map and containing the quantities following (that is to say) Number 292 containing Six acres two roods and thirty eight perches Number 293 containing Four acres two roods and fourteen perches Number 294 containing Thirty nine perches Number 295 containing Two acres one rood and twenty four perches Number 296 containing Two roods and thirty two perches and Number 297 containing Three roods and thirty seven perches

Received the day and the year first within written of and from the within named John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock the sum of Five hundred pounds being the consideration money within expressed to be by them paid to us 

Edward Smith 

John Stuck Barnes

Witnessed by P. Stubbin

Signed sealed and delivered by the within named Edward Smith and John Stuck Barnes in the presence of 

P. Stubbing Clerk to Messrs Barnes and Neck Sol. Colchester 

[Transcribed by Pat Marsden November 2020]

This page was added on 08/11/2020.

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