Denton's Terrace Deed (1861-1892)

 

South facing frontages of Denton's Terrace

Sue Glasspool

This property was created from two of the many building plots sold at auction following the sale of the Wivenhoe House Estate to Thomas Harvey in 1859. The financing of a tranche of these plots was secured by a firm of bankers from Colchester to the tune of £3,131.13s.4d. Following the purchase of the property a row of ten houses was erected which later became known as Denton’s Terrace.

1892 Abstract of the Title of the Trustee for Sale under the Will of the late Mr W E Denton to Messuages or tenements and premises situate in Park Road, Wivenhoe, Essex, Wittey & Denton, Colchester

29 Sept 1864 By Indenture of this date made between John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock all therein described as of Colchester in the County of Essex Bankers & Co partners of the 1st part William Emery Denton also therein described of the 2nd part and John Green Chamberlain therein also described of the 3rd part.

Recited that by an Indenture dated the 23rd day of May 1861and made between Thomas Harvey therein described of the one part and the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock of the other part the piece of land thereinafter described was with other hereditaments conveyed unto and to the use of the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock their heirs and assigns by way of Mortgage for security of the sum of £3131.13.4 and interest on the 23rd day of July then next And the said Indenture then in recital contained a proviso that in case default of payment of the said principal and interest should be made at the time aforesaid and if the said John Bawtree George H Errington John Bawtree the younger and Jeremiah Haddock should give to the said Thomas Harvey his heirs or assigns or in the County of Essex Bankers and Co partners of the first part (illegible) William Emery Denton also therein described of the 2nd part and John Green Chamberlain therein also described of the 3rd part
Recited that by an Indenture dated the 23 May 1861 and made between Thomas Harvey therein described of the one part and the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock of the other part the piece of land thereinafter described was with other hereditaments conveyed unto and to the use of the said John Bawtree George Henry Errington John Bawtree the younger and Jeremiah Haddock their heirs and assigns by way of Mortgage for securing of the sum of £3131.13.4 and interest on the 23rd day of July then next And the said Indenture then in recital contained a proviso that in case default of payment of the said principal and interest should be made at the time aforesaid and if the said John Bawtree George H Errington John Bawtree the younger and Jeremiah Haddock should give to the said Thomas Harvey his heirs or assigns or leave at his or their last known place of abode one calendar month’s notice in writing under the hand or hands of the said John Bawtree George H Errington John Bawtree the younger and Jeremiah Haddock of their intention to proceed to a sale of the said lands unless the principal and interest monies thereby secured should be paid at the expiration of the said Notice then it should be lawful for the said John Bawtree G H Errington John Bawtree the younger and J Haddock to sell the said lands and premises either together or in parcels and either by Public Auction or private Contract And the said Indenture then in recital contained a declaration that the receipt of the said J Bawtree G H Errington J Bawtree the younger and Jeremiah Haddock should be a good discharge to and exonerate purchasers from seeing to the application of their purchase monies.
And reciting that by a Deed Poll dated the 12 day of February 1864 under the hand and seal of the said Thomas Harvey he the said Thomas Harvey relinquished and waived all demands and notices directed to be made or given in and amongst other Indentures the thereinbefore recited Indenture previously to any exercises of the powers of Sale or other powers in the said Indentures or any of them contained. And he declared that the respective Mortgagees in the said Indentures mentioned might forthwith or at any time thereinafter exercise the respective powers of Sale and other powers in the said several Indentures or any of them contained in the same manner as if such demands had been made and Notices given and the times mentioned in the said Indentures or any of them had expired.
And recited that default having been made in payment of the principal and interest monies secured in the thereinbefore recited Indenture the said J Bawtree G H Errington J Bawtree the younger and J Haddock in exercise of the power of Sale given to them in and by the same Indenture and Deed poll had contracted with the said W E Denton for the absolute sale to him of the piece of land thereinafter described and conveyed at the sum of £86.
It was Witnessed that in consideration of the sum of £86 then paid by the said W E Denton to the said J Bawtree Geo H Errington J Bawtree the younger and J Haddock [………illegible insert?] did therein grant and convey unto the said W E Denton and his heirs
All that piece or parcel of land situate in the parish of Wivenhoe in the said County of Essex which formed Lots 20 and 21 at the said Sale thereof which took place on the 20th day of May 1864 having a frontage to the Park Road of 63 feet and delineated on the plan drawn on the back thereof (probably on the original)
And all ways and appurtenances to the same premises belonging and particularly a right of way over the Roads marked [illegible] with the said W E Denton for the ? sum ? thereinafter described and conveyed at the sum of £86
It was witnessed that in consideration of the sum of £86 then paid by the said W E Denton to the said J Bawtree Geo H Errington J Bawtree the younger and Jeremiah Haddock did thereby grant release and convey unto the said W E Denton and his heirs
All that piece or parcel of land situate in the parish of Wivenhoe in the said County of Essex which formed Lots 20 and 21 at the said Sale thereof which took place on the 20th day of May 1864 having a frontage to the Park Road of 63 feet and delineated on the plan drawn on the back thereof
And all ways and appurtenances to the same premises belonging and particularly a right of way over the Roads marked A and B on the said plan
And all the reversions etc
And all the estate etc
To hold the said piece of land and hereditaments unto the said W E Denton and his heirs
To such uses as he may appoint and in default of appointment?
To the use of said W E Denton and his assigns during his life remaining
To the use of said J G Chamberlain his executors and administrators during the life of said W E Denton Upon trust for him for him and his assigns
To the use of the said W E Denton his heirs and assigns for ever
Declaration by said W E Denton in bar of dower
Covenants by each of them the said J Bawtree G H Errington J Bawtree the younger and J Haddock
That they had not encumbered and
For production of deeds mentioned in Schedule thereto and furnished copies thereof and undertaking for safe custody thereof
Covenant by said W E Denton
To fence said land on North and South side thereof and that no dwellinghouse to be erected on said land should be nearer Park Road delineated on said plan that 4 feet

The Schedule
23 May 1861(2) The thereinbefore recited Indenture of that date
12 February 1864 The thereinbefore recited Deed poll
Executed by all parties except said J G Chamberlain and attested
Recited for £86 consideration money endorsed, signed by J Bawtree G H Errington J Bawtree the younger and J Haddock and Witnessed
8th April 1890 By his Will of this date the said W E Denton appointed Charles Edward Denton sole Executor thereof and devised
All the residue of his real estates of which he should be seized at his decease
Unto the said C E Denton
(illegible line)
Receipt for £86 consideration money endorsed signed by J Bawtree G H Errington J Bawtree the younger and J Haddock and Witnessed
8 April 1890 By his Will of this date the said W E Denton appointed Charles Edward Denton sole Executor thereof and devised
All the residue of his real estates of which he should be seized at his decease
Unto the said C E Denton
Upon trust during the life of his said Wife to let the same at the best rent and to manage in all respects the same freehold estates as therein mentioned
And upon the decease of his said Wife the said Testator empowered the said C E Denton to sell all his said freehold estates and the proceeds arising therefrom the testator directed should fall in to and form part of his residual estate
Duly executed and attested
17 April 1891 Sarah Denton the Wife of the said W E Denton died
22 April 1891 The said W E Denton made a Codicil to his said Will which did not affect the devise of his freehold estates as hereinbefore abstracted
25 April 1891 The said W E Denton died

(Transcribed and checked by Pat Marsden and Sue Glasspool 1 July 2009)