Deed Relating to Four Parcels of Land on Park Road, 29.10.1864

Formerly part of the Wivenhoe House Estate sold by auction in 1864. Indenture between Edward Smith the auctioneers, the Colchester bankers and John Green Chamberlain following Thomas Harvey's failure to pay due monies.

Pat Marsden

Plan attached to 29.10.1864 Deed referring to the purchase of land by John Green Chamberlain
Essex Record Office

This Indenture made the 29th day of October in the Year of Our Lord One thousand eight hundred and sixty four Between Edward Smith of Colchester Auctioneer and John Stuck Barnes of the same place Gentleman of the first part John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock all of Colchester aforesaid Colchester Bankers and Co-partners of the second part and John Green Chamberlain of Wivenhoe in the said County of the third part

Whereas by án Indenture dated the twenty third day of May One thousand eight hundred and sixth one and made between Thomas Harvey therein described of the one part and Edward Smith and John Stuck Barnes of the other part, part of the hereditaments herein intended to be hereby assured were granted by the said Thomas Harvey unto and to the use of the said Edward Smith and John Stuck Barnes their heirs and assigns

Subject nevertheless to the proviso therein contained for the redemption of hereditaments and premises upon payment by the said Thomas Harvey his heirs executors and administrators to Edward Smith and John Stuck Barnes their executors administrators or assigns to the sum of One thousand five hundred pounds together with the interest thereon of Five pounds per Centum per Annum on the twenty fourth day of June then next ensuing

And by the Indenture now recited it was declared that in case default should be made in payment of the said principal and interest or any part thereof respectively on the said twenty fourth day of June then next ensuing and the said Edward Smith and John Stuck Barnes their heirs executors administrators or assigns should have given to the said Thomas Harvey his heirs executors and administrators or assigns or either of them or left at his or their last known place or places of abode in England or in any part of the said premises one calendar months previous notice in writing under the hands of the said Edward Smith and John Stuck Barnes their heirs executors administrators or assigns of his or their intention to proceed to a sale of the said lands hereditaments and premises thereby assured or intended so to be unless the principal and interest moneys thereby intended to be secured should be paid at the expiration of such notice then and in such case it should be lawful for the said Edward Smith and John Stuck Barnes their heirs executors administrators and assigns immediately thereupon or at any time thereafter so long as any money’s thereby intended to be secured should remain unpaid notwithstanding the acceptance of interest after such notice as aforesaid and whether he or they should or should not have entered into the possession or receipt of the rents and profits as aforesaid without the necessity of any consent or concurrence on the part of the said Thomas Harvey his heirs or assigns to sell the said hereditaments and premises thereby assured of any part thereof respectively either together or in parcels and either by public auction or private contract and subject to such special or other conditions or stipulations relative to title or otherwise as he or they should think proper with power for them the said Edward Smith and John Stuck Barnes their executors, administrators and assigns to convey or assure the same hereditaments when sold unto the purchaser or purchasers thereof or as he she or they should direct or appoint paid and discharged of and from all right and equity of redemption whatsoever.

And it was also declared that every receipt which should be given by the said Edward Smith and John Stuck Barnes their executors administrators and assigns to convey or assure the same and the purchaser or respective purchasers of the said hereditaments or premises so to be sold aforesaid for his her or their purchase money or respective purchase monies or any part of the same respectively should effectually discharge the person or persons paying the same from all responsibility in the application thereof and that such purchaser or purchasees should not be bound to see or inquire whether such default had been made or (as to such purchaser or purchasees) whether such Notice had been given as was thereinbefore required or into any other matter or thing connected with the propriety or regularity of any sale or sales made by the said Edward Smith and John Stuck Barnes their heirs executors administrators or assigns and should not be affected by express notice from the said Thomas Harvey his heirs or assigns or any other person or persons that no such default had been made or notice given as aforesaid or that such sale or sales was or were unnecessary or improper

And Whereas by another Indenture dated the twenty third day of May One thousand eight hundred and sixty one and made between the said Thomas Harvey of the one part and the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock of the other part the remainder of the hereditaments intended to be hereby assured were (inter alia) granted by the said Thomas Harvey unto and to the use of the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock their heirs and assigns

Subject nevertheless to the proviso therein contained for redemption of the said hereditaments and premises on payment by the said Thomas Harvey his heirs executors and administrators unto the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock their executors administrators and assigns of the sum of Three thousand one hundred and thirty one pounds thirteen shillings and five pence together with interest thereof after the rate of five pounds per annum on the twenty third day of July then next ensuing

And by the Indenture now in recital it was declared that in case default should be made in payment of the said principal and interest money’s or any part thereof respectively as aforesaid and the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock should have given to the said Thomas Harvey his heirs or assigns or either of them or left at his or their last known place or places of abode in England or any part of the said premises one calendar months previous notice in writing under the hands of John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock of his or their intention to proceed to a sale of the said lands hereditaments and premises thereby assured or intended so to be unless the principal and interest moneys thereby intended to be secured should be paid at the expiration of such notice then and in such case it should be lawful for the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock immediately thereupon or at any time thereafter so long as any moneys intended to be secured should remain unpaid notwithstanding the acceptance of interest after such Notice as aforesaid and whether they should or should not have entered into the possession of receipt of the rents and profits as aforesaid without the necessity of any consent or concurrence on the part of the said Thomas Harvey his heirs or assigns to sell the said hereditaments or premises thereby assured or any part or parts thereof respectively together or in parcels and either by public auction or by private contract and subject to such special or other conditions relative to title or otherwise as they should think proper with power for them the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock to conveyor assure the same hereditaments when sold unto the purchaser or purchasers thereof or as they should direct or appoint freed and discharged of and from all right and equity of redemption whatsoever

And it was also declared that every receipt which should be given by the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock to the purchaser or respective purchasers of the said hereditaments and premises so to be sold as aforesaid for his her or their purchase money or respective purchase monies or any part of the same respectively should effectually discharge the person or persons paying the same from all responsibility in the application thereof and that such purchaser or purchasers should not be obliged to inquire whether such default had been made or (as to such purchaser or purchasers whether such Notice had been given as aforesaid or into any other matter or thing connected with the propriety or regularity of any sale of sales made by the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock and should not be affected by express notice from the said Thomas Harvey his heirs or assigns or any person or persons that no such default had been made [or notice given as aforesaid] or that such sale or sales was or were unnecessary and improper

And Whereas the principal sum secured by the first hereinbefore recited Indenture of Mortgage with the interest therein is still due and owing And Whereas there is still due and owing on the second hereinbefore recited Indenture of Mortgage the sum One thousand two hundred pounds and upwards

And Whereas the said John Green Chamberlain hath contracted and agreed with the parties here to of the first and second parts for the purchase of the hereditaments and premises hereinafter described at the sum of One thousand one hundred and fifty one pounds ten shillings and it has been agreed that the said sum shall be paid as follows that is to say One thousand and twelve pounds ten shillings to the said Edward Smith and John Stuck Barnes and the sum of One hundred and thirty nine pounds to the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock Now this Indenture Witnesseth that for effectuating the said sale and in consideration of the sum of One thousand and twelve pounds ten shillings to the said Edward Smith and John Stuck Barnes paid but the said John Green Chamberlain on or before the execution of these presents (the receipt whereof they the said Edward Smith and John Stuck Barnes do and each of them do hereby acknowledge and from the same do and each of them doth hereby release the said John Green Chamberlain his heirs executors administrators and assigns) And also in consideration of the sum of One hundred and thirty nine pounds to the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock at the same time paid by the said John Green Chamberlain (the receipt whereof they the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock do hereby acknowledge and from the same do and each of them doth release the said John Green Chamberlain his heirs executives administrators and assigns

They the said Edward Smith John Stuck Barnes and John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock according to their respective estates and interests in the hereditaments and premises hereinafter described Do and each of them Doth release and confirm unto the said John Green Chamberlain and his heirs

All that messuage or tenement with the stable and outbuildings curtilage and garden thereto situate and being in the said parish of Wivenhoe lately in the occupation of [blank] Hill and now by the said John Green Chamberlain

And also the piece of ground adjoining having a frontage to the road to Brightlingsea of eighty six feet and in the rear a width of two hundred and seventy seven feet [insert?] and in length on the East side two hundred and ninety one feet [insert?] and on the West Three hundred and seventy six feet

And also All that piece of land of the width of Thirty feet at the North and South ends thereof and of the length of One hundred feet abutting on the East upon a New Road called Park Road.

And also All that piece of land abutting in part towards the South upon the last described land and towards the East of the width of Thirty feet upon the said New Road and at the back part thereof towards the West of the width of Twenty eight feet and in length [insert?] One hundred and fifty six feet which said hereditaments and premises hereby conveyed are more particularly delineated in the plan drawn in the margin of these presents and coloured pink

Together with a right of way and passage for horses carts and carriages at all times over and across the said New Road called the Park Road and the New Road Northwards of the two last described pieces of land and running from the Colchester Road into the said Park Road.

And also All ditches ways sewers drains watercourses liberties privileges easements and appurtenances whatsoever to the said messuage land and premises belonging or in any wise appertaining or usually held or occupied therewith or reputed to belong or be appurtenant thereto.

And all the Estate right title interest claim and demand whatsoever of the said Edward Smith John Stuck Barnes John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock or either of them in and to the said premises and every part thereof

To have and to hold the hereditaments and premises hereby assured or expressed so to be unto and to the use of the said John Green Chamberlain his heirs and assigns forever

And it is hereby declared that if the said John Green Chamberlain shall leave a Widow such Widow shall not be entitled to dower out of the said premises And each of them the said Edward Smith John Stuck Barnes John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock as to his own acts and deeds only doth hereby for himself his heirs executors and administrators covenant with the said John Green Chamberlain his heirs and assigns That they the said Edward Smith John Stuck Barnes John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock respectively have not at any time done or executed or knowingly suffered or been party or privy to any act deed or thing whereby the hereditaments and premises hereby assured or expressed so to be or any of them or any part thereof are is can or may be incumbent
In Witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first before written

John Bawtree
George Henry Errington
John Bawtree the younger
Jeremiah Haddock
John Green Chamberlain

Transcribed by Pat Marsden, October 2017. The original deed can be seen at Essex Record Office, Record No C887 Box 12 Bundle labelled ‘The Nook’.

 

This page was added on 13/10/2017.

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