Deed for 2 Queens Rd/64 High Street (1856-1929)

Deed relating to the former ironmonger's shop at the corner of the High Street and Queens Road and also referring to the Greyhound Public House and Yard and former Malting.

Pat Marsden

Plan on Conveyance of 20th December 1910
Plan on original deed

ABSTRACT OF THE TITLE OF MR ALBERT HAZELL ELLIS AND HIS MORTGAGEE TO FREEHOLD PROPERTY SITUATE IN HIGH STREET, WIVENHOE, ESSEX

1929 (not dated) Wittey & Denton, Colchester
20 December 1910

BY CONVEYANCE of this date made between Benjamin Armstrong Blois then formerly of Wivenhoe, Essex but then of Harrow Middlesex Tutor thereinafter called the Vendor of the one part and Albert Hazell Ellis therein described as of Wivenhoe aforesaid Ironmonger thereinafter called the Purchaser of the other part

AFTER RECITING seisin of the Vendor and agreement for sale at price of £130 IT IS WITNESSED that in pursuance of the said agreement and in consideration of the sum of £130 on or before the execution of these presents paid by the Purchaser to the Vendor receipt acknowledged the Vendor as beneficial owner did thereby convey unto the Purchaser

ALL THOSE two freehold messuages tenements or dwellinghouses and premises then formerly one tenement situate in the High Street in Wivenhoe in the County of Essex abutting towards the North East upon Queens Road (then formerly a gateway leading to the open yard thereinafter mentioned) South West upon the Greyhound Public House South East upon other portion of the said open yard and North West upon the road there then known as High Street As the same premises were then formerly in the occupation of Robert Stacey Bennett afterwards of Benjamin Blois and John Plane and then or then recently of John Sutherwood and John Fuller TOGETHER with so much of the open yard lying next the back part of the said two messuages and next the site of a malting then forming part of the premises belonging to the said Greyhound Public House taken in a straight line from the South East corner of the washhouse and running Eastward 75 feet which said messuage and premises were more particularly delineated and described in the plan drawn on abstracted presents and therein coloured pink TOGETHER with a free and uninterrupted right of way and passage with horses carts and carriages or without over and across that part of the open yard at the rear of the said two dwellinghouses which was not intended to be thereby conveyed

TO HOLD the same (subject to a right of way and passage for the tenants or occupiers of the said Greyhound Public House and premises across that part of the said open yard thereby conveyed) unto and
TO THE USE OF the Purchaser in fee simple
CERTIFICATE as to value of consideration not exceeding £500
EXECUTED by both parties and attested

27th April 1917 Stamp 2/6
BY STATUTORY DECLARATION under the hands of the said A H Ellis then a private in the Army Service Corps (Mechanical Transport) Charles Albert Ellis therein described as of Wivenhoe aforesaid Retired Master Mariner and and Sidney Otto Goodwin of Colchester Essex Solicitor it was declared as follows

The said A H Ellis for himself did thereby declare
On the 20th December 1910 he purchased for the sum of £130 of Benjamin Armstrong Ellis then of Harrow Middlesex Tutor two freehold messuages tenements or dwellinghouses and premises situate in High Street Wivenhoe aforesaid then or then recently in the occupation of John Sutherwood and John Fuller Shortly after his said purchase he erected a shop upon part of the said premises for occupation by himself as an iromonger and ships chandler
In order to carry out the said purchase and to erect the shop before mentioned he borrowed from his father the said C A Ellis the sum of £300 and by a Memorandum under his hand dated the 23rd December 1910 he deposited the title deeds relating to the said premises with the said C A Ellis to secure to him the said sum of £300 with interest thereon at four pour cent per annum
His father’s solicitors Messrs, Wittey & Denton of Colchester acted for him on the said purchase and prepared and completed the conveyance to him of the property and also the before mentioned Memorandum of Deposit to the said C A Ellis
He had been in undisturbed possession of the said hereditaments and in receipt of the rents and profits as the owner thereof ever since he purchased the same Apart from the said Memorandum or Deposit before referred to he had never mortgaged or charged the said hereditaments and they had always been his since his ownership and then were (except as aforesaid) unencumbered and vested solely in him absolutely in fee simple
The moneys secured by the said Memorandum of Deposit were then still due and owing to the said C A Ellis
The said C A Ellis for himself did thereby declare
He was then temporarily residing at Winifred Cottage High Street Wivenhoe aforesaid For the past eight years and upwards until the 26th January 1917 his said residence The Haven was destroyed by fire in which the title deeds relating to the premises hereinbefore mentioned belonging to his said son and deposited with him were entirely consumed No trace of the title deeds could be found beyond the remains of the tin deed box in which he had placed them and he verily believed that they were completely destroyed by the fire
In December 1910 he purchased as agent for his son the premises thereinbefore mentioned and instructed his solicitors Messrs Wittey & Denton of Colchester to carry out the transaction on his son’s behalf and from that and from his personal knowledge he was enabled to confirm the statements made and contained in paragraphs 1,2,3 & 5 thereof
He had never received any notice of or any other charge given by his said son upon the said premises therein before described
The said Sidney Otto Goodwin for himself did thereby declare
He was a Solicitor practising at at Colchester aforesaid where he had resided since the year 1905 prior to which he resided with his parents at Wivenhoe aforesaid He knew and was well acquainted with the said A H Ellis and C A Ellis His principal Charles William Denton practised as Wittey and Denton He was and had been continuously for 25 years and upwards associated with him and his predecessors in the said practice and was then managing and carrying on the same for him in his absence from business he having in December 1914 obtained and then still held a commission in His Majesty’s Forces
During the whole of he said period the said C A Ellis had been a recognised client of his said firm who had acted for him in various transactions
On the instructions of the said A H Ellis and C A Ellis he had searched the papers books and records of his said firm during the year 1910 and from the information thus obtained and from his own personal knowledge and from the documents and papers he had discovered he was enabled to confirm the statements made and contained in paragraphs 1,2,3, and 7 thereof
The copy draft Conveyance thereto annexed dated the 20th December 1910 and marked ‘SOG 1’ [L is crossed out with a diagonal line before the 1 presumably a typing error] is a copy of the original draft Conveyance in his firms possession of the before mentioned property to the said A H Ellis from Benjamin Armstrong Blois and the original of such draft Conveyance is in the handwriting of of one Frank James Byles a Clerk then and still in the employ of his said firm the completion of he said draft being in the same handwriting is well known to him
The copy draft memorandum of Deposit thereto annexed dated the 23rd December 1910 and marked S0G 2 is a copy of the original draft Memorandum of Deposit in my firms possession of the title deeds relating to the before mentioned property by the said Albert Hazell Elllis to secure the principal sum of £300 and interest at 4 per cent per annum and the original of such draft is in the handwriting of the said Frank James Byles the completion of the said draft and the actual witness to the signing thereof being the same person showing that the original document was duly signed and completed and such handwriting is well known to him
Fron the entries in his firms books he declared that the before mentioned Conveyance and Memorandum of Deposit were properly stamped after execution with the ad valorum duty on the consideration the former document bearing the stamp of 15/- and the latter document 3/9
And they made the declaration conscientiously believing the same to be true and by virtue of the statutory declaration s Act 1835
DULY declared before a Commissioner for Oaths.
17th September 1929 Stamp 15/-
BY MORTAGE of this date made between the said A H Ellis thereinafter called the Mortgagor of the one part and the Midland Bank Limited thereinafter called the Bank which expression should include and extend to their assigns of the other part
IT IS WITNESSED that in consideration of the Bank making or continuing advances or otherwise giving credit or affording banking facilities for as long as the Bank might think fit to the Mortgagor upon the terms that the bank should be secured as thereinafter appearing the Mortgagor pursuant to every power and by force of every estate enabling him in that behalf did thereby as beneficial owner demise and convey unto the Bank
ALL and singular the lands and hereditaments described or referred to in the Schedule thereto Together with (in addition to any fixtures passing by reason of the demise thereinbefore contained) all fixtures whatsoever then or at any time thereafter affixed or attached to the said premises or any part thereof other than and except trade machinery as defined buy section 5 of the Bills of Sale Act 1878
TO HOLD the said lands hereditaments and premises unto the Bank for the term of 4000 years from the date thereof without impeachment for waste and as to such additional fixtures absolutely but as to all the premises subject to the proviso for redemption thereinafter contained
PROVISO for redemption as therein mentioned
OTHER clauses usual in a banker’s mortgage

THE SCHEDULE
ALL and singular the lands hereditaments and premises comprised in the following deeds or documents or any of them that was to say:-
Freehold shop Cottages High Street Wivenhoe Essex
Date of
Document
20.12.1910 Copy draft Conveyance B A Blois to A H Ellis
27.04 1917 Statutory Declaration by A H Ellis and S O Goodwin
EXECUTED by Mortgagor and attested

23 December 1910 Stamp 10/-
BY MEMORANDUM OF DEPOSIT of this date under the hand of the said A H Ellis in consideration of the sum of £300 on or before the execution thereof and advanced to him by the said C A Ellis receipt acknowledged the said A H Ellis deposited with the said C A Ellis the deeds and documents set out in the Schedule thereto as a security for the repayment of the said sum of £300 and interest thereon at the rate of £4 per cent per annum from the date thereof until payment

THE SCHEDULE
2nd July 1856 Indenture of Conveyance of this date made between Amelia Buck Sanford Edward Benjamin Sandford Thomas Bacon and Elizabeth Ann his wife of the one part Daniel Constable Alston and Edward John Alston of the other part

24th Sept 1857 Indenture of Conveyance of this date made between the said D C Alston and E J Alston of the first part Robert Bennett of the second part and Henry Wittey of the third part

30th Dec 1859 Indenture of Mortgage of this date made between the said Robert Bennett of the one part and James Byron Burt Shenstone of the other part with Reconveyance endorsed dated the 27th Dec 1876

27th Dec 1876 Indenture of Conveyance of this date made between the said Robert Bennett then called Robert Stacey Bennett of the one part and Philip George Walter of the other oart
27th Dec 1876 Indenture of Mortgage of this date made between the said P G Walter of the one part and the said J B B Shenstone of the other part

5th June 1879 Indenture of Reconveyance of this date made between Jemima Shenstone [of the] William Ashwell Shenstone and James Chapman Shenstone of the one part and P G Walter of the other part

11th Aug 1883 Indenture of Conveyance of this date made between the said P G Walter of the one part and Benjamin A Blois of the other part

20th Dec 1910 Indenture of Conveyance of this date made between the said B A Blois of the one part and the said A H Ellis of the other part
DULY signed and witnessed.

3rd June 1914
BY HIS WILL of this date the said C A Ellis appointed his wife Hannah and his two sons Charles Reginald and Albert Hazell executors and trustees thereof
DULY signed and witnessed

16th March 1921 The said C A Ellis died
3rd October 1921 The said Will of the said C A Ellis duly proved in the Ipswich District Probate Registry by all the Executors therein named

11th Sept 1929 BY RECEIPT of this date the said H Ellis C R Ellis and A H Elllis acknowledged that they had received the sum of £300 the amount of the principal money then owing (together with all interest thereon ) on the security of the before abstracted Deposit
DULY signed by the said H Ellis C R Ellis and A H Ellis

Transcribed by Pat Marsden October 2010

This page was added on 16/02/2016.

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