High Street Deed 1861

An early deed for 120 High Street following the auctioning of plots from the Wivenhoe House Estate

Pat Marsden

Plan of the piece of ground abutting on the High Street (referred to as Wivenhoe Street) . It can be seen that Mr H J Goody owns the land to the north, Thomas Harvey owns the land to the east, and Mr John Pratt owns the land to the south of the plot. The plot is shown as being 49ft 6ins wide
Photo from the original deed

This deed relates to a plot of land being sold to Isaac Blyth, ship-owner for the sum of £105.12s. This was only one of a number of building plots created when the Wivenhoe House Estate was sold 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. The plot later became known as 120 High Street (Myrtle Villa).

CONVEYANCE OF A PIECE OF LAND IN THE PARISH OF ELMSTEAD [WIVENHOE] ESSEX DATED 20TH AUGUST 1861 BETWEEN MR THOMAS HARVEY (his Mortgagees) to Mr Isaac Blyth [Elmstead crossed out in pencil and Wivenhoe inscribed]

This Indenture made the twentieth day of August One thousand eight hundred and sixty one in pursuance of an Act to facilitate the Conveyance of Real Property Between John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock of Colchester in the County of Essex Bankers of the first part Thomas Harvey of Wivenhoe in the same County Ship-builder of the second part Isaac Blyth of the same place Ship-owner of the third part and Edward Williams of Colchester in the said County of Essex Esquire of the fourth part Whereas by 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 piece of land hereinafter described with other hereditaments was conveyed to them and their heirs by way of Mortgage for securing the sum of three thousand one hundred and thirty one pounds thirteen shillings and four pence and interest And Whereas the said Thomas Harvey has contracted with the said Isaac Blyth for the sale to him of the said pieces of land for the sum of one hundred and five pounds twelve shillings which it has been agreed shall be paid to the said parties hereto of the first part in part discharge of their said Mortgage debt but in total exoneration of the said hereditaments therefrom Now this Indenture Witnesseth that in consideration of the sum of one hundred and five pounds twelve shillings paid by the said Isaac Blyth to the said parties hereto of the first part by the direction of the said Thomas Harvey testified by his execution hereof they the said John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock Do and each of them Doth grant release and convey And the said Thomas Harvey Doth grant release and convey unto the said Isaac Blyth and his heirs All that piece or parcel of land situate in the parish of Wivenhoe in the County of Essex abutting on the High Road leading from Wivenhoe to Colchester and with the dimensions and abuttals delineated in the plan thereof drawn in ‘the margin’ of these presents And all appurtenances thereto To hold the said hereditaments unto the said Isaac Blyth and his heirs To such uses as he may appoint and in default thereof To the use of the said Isaac Blyth and his assigns during his life without impeachment of waste with remainder to the use of the said Edmund Williams his executors and administrators during the life of the said Isaac Blyth Upon trust for him and his assigns with remainder To the use of the said Isaac Blyth his heirs and assigns for ever And the said Isaac Blyth hereby declares that his Widow if any shall not be entitled to dower out of the said hereditaments And the said Thomas Harvey covenants with the said Isaac Blyth that he the said Thomas Harvey has the right to convey the said land to the said Isaac Blyth notwithstanding any act of the said Thomas Harvey And that the said Isaac Blyth shall have quiet possession of the said land free from incumbrances And the said Thomas Harvey Covenants with the said Isaac Blyth that he will execute such further assurances of the said land as may be requisite And the said Thomas Harvey Covenants with the said Isaac Blyth That he will produce the title deeds enumerated hereunder and allow copies to be made of them at the expense of the said Isaac Blyth And the said Isaac Blyth for himself his heirs and assigns hereby covenants with the said Thomas Harvey his heirs and assigns that he or they will fence in the said land on the North and Eastern sides thereof In witness whereof the said parties have hereunto set their hands and seals the day and the year first above written

The Title deeds above referred to
27th July 1859 Indenture of this date made between John Baillie Baillie and Edmund Round of the first part the said Thomas Harvey of the second part and John Bawtree the Younger of the third part
13th May 1861 Indenture of this date made between James Leman of the first part Georgiana Ann Baillie Mary Elizabeth Pigott and Frances Amelia Duffield of the second part and the said Thomas Harvey of the third part and the said John Bawtree the Younger of the fourth part
23rd May 1861 The hereinbefore mentioned Indenture of this date

Received the day and year first within written of and from the within named Isaac Blyth the sum of one hundred and five pounds twelve shillings being the consideration money within expressed to be by him paid to us £105.12/-

Witnessed
George Lay John Bawtree
G. H. Errington
John Bawtree the Younger
Jeremiah Haddock

Signed sealed and delivered by the within named
John Bawtree George Henry Errington John Bawtree the Younger and Jeremiah Haddock in the presence of
George Lay
Clerk to Messrs Barnes and Neck
Solicitor, Colchester

Signed sealed and delivered by the within named Isaac Blyth in the presence of George Lay

Transcribed by Pat Marsden and checked by Sue Glasspool September 2010
Note: there are occasional discrepancies in the spellings of names e.g. Georgiana/Georgina, etc.

This page was added on 11/02/2016.

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