Abstract of the Title of Mrs Elizabeth Eade to Certain Freehold Premises in Wivenhoe 1859-1879

 

Plan attached to Conveyance between Elizabeth Eade and J. S. Barnes 1 November 1879

 

1876 Ordnance Survey Map 'First Edition' (1:2500 twenty-five inches to one mile); Wivenhoe, Elmstead & Ardleigh Parishes

Extract from OS map

ABSTRACT of the TITLE of Mrs Elizabeth Eade to certain freehold premises at Wivenhoe Essex

Howard Inglis & Keeling, Colchester, Lot 01 for J. S. Barnes by the Purchaser, 1879

[A pencilled note on the deed states that ‘This relates to house now occupied by Forsgate in High Street and Cottages in Maltings Yard and not to 5 High Street, Nov 1929’]

Abstract of the Title of Mrs Elizabeth Eade to certain freehold hereditaments situate at Wivenhoe in the county of Essex theretofore purchased of Benjamin Page Grimsey.

23 November 1864 

Indenture of Conveyance then dated made between Benjamin Page Grimsey of Ipswich in the county of Suffolk Gentleman of the one part and John Eade of Colchester in the county of Essex if the other part.

Reciting that by an Indenture bearing date the 1 September 1859 and made between Mary Maria Smith of the 1st part John Smith the younger of the 2nd part and the said B. P. Grimsey of the 3rd part after reciting that by an Indenture dated 31st August 1859 and made between William Frederick Westwood of the one part and the said M. M. Smith of the other part the messuage or tenement Malting Office and hereditaments thereinafter described and intended to be thereby assured and conveyed unto and to the use of the said M. M. Smith her heirs and assigns for ever

And also reciting that by a certain absolute surrender also dated the 31st August 1859 certain copyhold lands situate at Wivenhoe aforesaid were surrendered to the said John Smith

And also reciting that the said M. M. Smith and John Smith the younger having respectively occasion for the sum of £500 had requested the said B. P. Grimsey to lend them same which he had agreed to do upon having the repayment thereof with interest secured by the mortgage by said M. M Smith of the said Freehold hereditaments in manner thereinafter mentioned and by the covenant of said John Smith the younger for the surrender of said copyhold hereditaments It was by the Indenture then in recital witnessed that in consideration of the  sum of £500 to the said M. M Smith and J. Smith the younger paid by the said B. P. Grimsey the said messuage or tenement Malting Office and hereditaments thereinafter described and intended to be thereby assured with their appurtenances were granted released and conveyed by the said M. M.  Smith unto and to the use of said B. P. Grimsey his heirs an assigns subject nevertheless to redemption and reconveyance thereof on payment by said M. M. Smith and J. Smith the younger their or one of their heirs executors administrators or assigns unto said B. P. Grimsey his executors administrators or assigns of the sum of £500 with interest for the same after the rate of £5 per  cent per annum on 1st December then next

And the said Indenture then in recital contracted a declaration that if default should be made in payment of said sum of £500 or any part thereof or the interest thereof or any part thereof on or at the day or time thereinbefore appointed for payment of the same contrary to the true intent and meaning of those presents and the proviso or agreement for redemption thereinbefore contracted

And the said B. P. Grimsey his executors administrators or assigns should have given to said M. M. Smith and J. Smith the younger or either of them or her or his heirs executors administrators or assigns or left for them her or him or any of them at the last of most usual places or place of their or her or his abode in England or on any part of the said Freehold or Copyhold hereditaments or with any tenant or other person there a Notice in writing demanding payment of said sum of £500 or the interest thereof or so much of the same as should be then due and unpaid and one calendar month should have elapsed from the time of such service delivering or leaving of such notice as aforesaid then and in that case and either immediately or at any time thereafter and notwithstanding any subsequent acceptance of interest it should be lawful to and for the said B. P. Grimsey his executors administrators and assigns  he and they were thereby fully authorised and empowered without any further consent or concurrence of said M. M.Smith and J. Smith the younger or either of them her and his heirs executors administrators or assigns or of any other person or persons whomsoever to make sale and absolutely dispose of said freehold and copyhold hereditaments or any part of the same with the appurtenances either together and in one lot or by parcels and in several Lots and either by public auction or private contract and for such price or prices in money as at the time of such sale or sales could be obtained for the same and to convey and assure the said hereditaments and premises when so sold unto the purchaser or purchasers thereof his her or their heirs and assigns or as he she or they should direct

And it was thereby further agreed and declared that the said B.P. Grimsey his heirs executors administrators and assigns should by with and out of the money which should arise or be produced by or from such sale or sales as aforesaid the rents and profits if any of the said hereditaments or premises or any part thereof which should be received by him or them in the meantime in the first place deduct and retain to and for himself and themselves respectively all such costs charges damages and expenses as he or they or any of them should sustain incur or be put unto in or about or in consequence of such sale or sales as aforesaid or otherwise in or about or relating to the execution of that present power and also all such costs charges damages and expenses as he or they or any of them should sustain or incur by reason of the non-payment or for procuring the payment of the sum of £500 and the interest thereof or any part thereof and should in the next place with and out of the monies aforesaid retain or repay himself the said B.P. Grimsey his executors administrators or assigns the said sum of £500 and all interest moneys due in respect of the same sum and should pay residue or surplus if any of the moneys which should remain in his or their hands unapplied to any of the purposes aforesaid unto the said M. M. Smith and J. Smith the younger their executors administrators or assigns in such shares and proportions as she or he or they should direct if such sale of sales should be made in his and her or his and her lifetimes or lifetime but if the same should be made after their or either of their deaths then unto their heirs and assigns respectively or the heirs or assigns of the one so deceased as aforesaid in such shares and proportions as they he or she should direct and should at such requests costs and charges as aforesaid reconvey and assure such part or parts (if any) of the said hereditaments and premises as should remain unsold unto said M. M. Smith and J. Smith the younger respectively or either of them (as the case might be) their her or his heirs or assigns in such shares and proportions or as they he or she should direct

And it was thereby further declared and agreed by and between the said parties to those present and said M. M. Smith and J. Smith the younger did thereby expressly direct that the person or persons who should become the purchaser or purchasers of the said hereditaments respectively thereby granted released and covenanted to be surrendered or any part thereof to the said B. P Grimsey his heirs executors administrators or assigns or any of them should not be obliged or required to see to the application or be answerable or acceptable for the misapplication or nonapplication of the same or any part thereof nor be obliged to ascertain or enquire into the necessity or regularity of any sale or sales or whenever any money was due or owing on that security and no purchaser should be affected by express knowledge that no such notices or notice as aforesaid had been given and that every such receipt which should be given for the said purchase money or any part thereof by the said B. P. Grimsey his heirs executors administrators or assigns should to all intents and purposes be a good and sufficient acquittance and discharge for the sum or sums of money which therein or thereby respectively should be acknowledged or expressed to have been received

Also reciting that by an Indenture also dated the 1st September 1859 and made between said M. M. Smith of the 1st part said J. Smith the younger of the 2nd part and said B. P. Grimsey of 3rd part It was witnessed that in consideration of £30 then due from said M. M. Smith and J. Smith the younger to said B. P Grimsey and of which immediate payment forborne as they did thereby acknowledge They the said M. M. Smith and J. Smith the younger Did thereby respectively grant unto and covenant with said B. P. Grimsey his heirs executors administrators and assigns That the said freehold and copyhold hereditaments in and by the thereinbefore recited Indenture expressed to be by her the said M. M. Smith granted and by said J. Smith the younger covenanted to be surrendered to said B. P. Grimsey and his by way of mortgage should (in addition to the £500 then due on the security of said recited Indenture with the current interest thereon) be charged with said sum of £30 and interest as thereinafter mentioned and not be redeemable until satisfactorily  And that the power of sale and the incidental powers and clauses in the said thereinbefore recited Indenture continued should be applicable as a security for and raising the sum of  said £30 and interest as if the same had been made chargeable on the aforesaid hereditaments of said therinbefore recited Indenture

Also reciting that said sums of £500 and £30 together with an arrear of interest on the same were still due and owing to said B. P Grimsey on the security of said thereinbefore recited Indenture of Mortgage and First charge as he the said B. P. Grimsey did thereby testify and declare

And reciting that the said B. P. Grimsey in exercise and execution of the powers given to and vested in him in and by the said thereinbefore recited Indenture caused the said freehold messuage or tenement Malting Office and hereditaments thereinbefore described and intended to be thereby assured (with certain copyhold hereditaments) to be offered for sale by public auction in 3 lots at the Railway Hotel in Wivenhoe aforesaid at which sale the said J. Eade attended and became the purchaser of the said freehold messuage and tenement Malting Office and hereditaments (which formed lot 3 in the printed particulars of the same sale) free from encumbrance at the price of sum of £600

It was witnessed that in consideration of sum of £600 on or immediately before the execution of  now abstracting presents to said B. P Grimsey paid by said J. Eade (the receipt is hereby acknowledged) The said B. P. Grimsey did grant release convey and confirm unto said J. Eade and his heirs

All that freehold messuage or tenement called ‘Angiers’ or by whatsoever other name or names the same was or had been called or know therefore divided into several tenements part of which said tenement had for a long time been converted into a Malting Office together with the said Malting Office yard garden and hereditaments to the same belonging as the said messuage malting office and premises were situate lying and being in Wivenhoe aforesaid and were then formerly in the occupation of W. Mortimer since of Coats Gordon then lately of Robert Emson and then or then late of Messrs Daniell and Cooper and John Smith or their undertenants and did abut North on premises of   [blank]  South on premises of belonging to John Pratt East on land then late of Thomas Harvey and west on the Queen’s Highway

Together with all houses etc

And the reversion etc

And all the Estate etc

To hold said Freehold messuages or tenement malting office hereditaments and all and singular other the premises thereby assured or intended so to be with their appurtenances 

Unto said John Eade his heirs and assigns [To the use of said J.Eade his heirs and assigns] for ever absolutely freed and discharged from said mortgage sums of £500 and £30 and all interests for same

Declaration by said J.Eade against dower

Covenant by said B. P. Grimsey

That he had not incumbered

Executed by both parties and attested

Receipt for £600 endorsed signed and witnessed

14 April 1866 

Indenture of Mortgage then dated between said John Eade of the one part and William Howard of Colchester in the County of Essex Gentleman of the other part

Reciting that said J. Eade was seized to him and his heirs in fee simple of the freehold hereditaments and thereinafter described

And reciting that said John Eade had agreed to secure the repayment of the said sum of £250 And also of any further sum or sums of money then lent or which might thereafter be advanced to him by the said William Howard (not exceeding altogether the sum of £500) with interest at the rate of £5 per cent per annum in manner thereinafter expressed

It was witnessed that in consideration of £250 then owing from the said John Eade to the said William Howard as thereinbefore mentioned And of the sum of £150 then lent and paid by the said William Howard to said J. Eade the receipt etc

The said J. Eade did by the now abstracted Indenture and in exercise of all powers enabling him in that behalf appoint And also grant and convey unto said William Howard his heirs and assigns

All that freehold messuage or tenement then divided into 2 tenements or dwelling houses situated in the High Street in the parish of Wivenhoe in the County of Essex and near the Railway Bridge and Station with the offices yards gardens and appurtenances thereto belonging as the same premises were then in the occupation of George Gilders and Mrs Cranstown

And also All that plot of land or building ground whereon or on part whereof a Malting office and other premises then lately stood but which had recently been pulled down by said J. Eade as the same are situate near to or adjacent the before mentioned messuages and was then in the occupation of said John Eade

All which premises thereinbefore respectively described were conveyed and assured unto the use of the said J. Eade his heirs and assigns by the before abstracted Indenture of the 23rd day of November 1864 by the same described as set forth in the same Indenture

And all buildings ways etc

And the reversion etc

And all the estate etc

To hold said premises with the appurtenances unto and to the use of said William Howard his heirs and assigns

Proviso for redemption and reconveyance on payment by said J. Eade his heirs executors and administrators unto said William Howard his executors administrators and assigns of the sum of £400 sterling And all such further sum and sums of money (if any) as the said William Howard should advance to said J.Eade not exceeding in the whole £500 and interest thereof as therein mentioned

Power of sale in case of default

Usual Mortgage covenants by said John Eade and covenant to keep the premises insured

23rd March 1868

Indenture of Mortgage then dated made between the said John Eade of the one part and John Bawtree, George H Errington John Bawtree the younger and Jeremiah Haddock

Bankers and copartners of the 1st part 

Reciting that the said John Eade had for sometime then past kept an account with the said Banking Firm And that upon a balance of such account on that day settled it appeared that the sum of £1528.1/- was owing thereon from the said J.Eade to the said firm

And Reciting that the said John Eade had agreed at the request of the parties so constituting the said Banking firm to secure the payment to them of all such sum and sums of money as were then or might from time to time thereinafter be or become due or owing from the said John Eade to account current with the said parties thereto of the 2nd part or the parties for the time being constituting the said firm of Messrs Mills Bawtree Errington & Co in the manner thereinafter expressed

It is by the abstracting Indenture witnessed that in pursuance of the said agreement and in consideration of the premises

He the said John Eade did by the now abstracted Indenture grant and convey unto said John Bawtree, G. H. Errington, J Bawtree the younger and J. Haddock their heirs and assigns (inter alia)

The said freehold messuage or tenement then divided into 2 tenements and plot by the same description as set forth in the last abstracted Indenture and therein mentioned to have been purchased of B. P Grimsey

To hold the same with the appurtenances unto and to the use of the said John Bawtree, G. H. Errington, J.Bawtree the younger and J.Haddock their heirs and assigns Subject nevertheless to the mortgages and other incumbrances then affecting the same or any part or parts thereof And also subject to the proviso for redemption thereinafter contained

Proviso for redemption and reconveyance of the said hereditaments and premises on payment by the said John Eade his heirs executors administrators or assigns on demand unto the said John Bawtree G.H.Errington J.Bawtree the younger and J. Haddock or the survivors or survivor of them his executors or adminstrators or the person or persons constituting the firm of the said Banking House of all monies which then were or at any time or times thereinafter might become due and owing from the said J.Eade in account current with the said firm of Messrs Mills Bawtree Errington & Co or any other account whatsoever

Usual power of Sale in case of default

Covenanted by said J. Eade for himself his heirs executors and administrators

To pay principal monies and interest

To insure against fire

That he had good right to convey

For quiet enjoyment subject as aforesaid

Free from incumbrances (the aforesaid) prior mortgage or mortgages only excepted and

For further assurance

Proviso that the total amount to be ultimately recoverable under the now abstracted Indenture should not exceed the sum of £1500 And that now abstracted Indenture should be a security to the Banking Firm for the money thereby secured of whatever person or persons the said firm from time to time might consist

Executed by said J. Eade and attested

8 September 1870

Indenture of further mortgage then dated (endorsed on last abstracted Indenture) between the within named John Eade of the one part and the within named John Bawtree, George Henry Errington John Bawtree the younger and Jeremiah Haddock (thereinafter called the said Mortgagees of the other part

Reciting that by an Indenture dated 31st December 1868 and made between the said John Eade of the 1st part the said Mortgagees of the 2nd part and Bright Wool therein described of the 3rd part the piece of land and hereditaments intended to be thereby granted and which formed part of the hereditaments severally within described were for the considerations therein mentioned granted unto and to the use of said B. Wool his heirs and assigns

And Reciting that by an Indenture dated the 7th September 1870 (endorsed on the last thereinbefore recited Indenture and made between the said Bright Wool of the one part and the said John Eade of the other part in consideration of £20 paid by the said John Eade to the said B. Wool the same piece of land and hereditaments were granted by the said Bright Wool unto the use of the said John Eade his heirs and assigns

And reciting that said John Eade was then still largely indebted to the said Mortgagees the said John Eade had at the request of the said Mortgagees agreed to charge the said piece of land and premises thereinafter described and intended to be thereby granted with the payment of the monies intended to be secured by the within written Indenture in like manner as the same were subject to the payment thereof before the execution of the firstly thereinbefore recited Indenture

It was witnessed that in pursuance of the agreement and in consideration of the premises

He the said J. Eade did thereby grant unto the said Mortgagees and their heirs

A certain plot of land situate in Wivenhoe being part of the hereditaments in the within written Indenture firstly described but not comprising the subject of this abstracted

To hold unto and to the use of the said Mortgagees and their heirs and assigns

Subject to the provisio for redemption in the within written Indenture contained And to the payment of all monies secured by the same Indenture

Declaration that the power of sale and all other powers and provisions contained in the within written Indenture for securing the payment of the monies thereby secured should extend in all respects to the premises thereby granted as to the hereditaments and premises therein comprised

Proviso that the hereditaments thereby granted should not be liable to a larger portion of the monies secured by the within Indenture than the sum of £30

Usual Mortgage covenants by said J. Eade

Executed by said J. Eade and duly attested

17th November 1871

By Indenture of this date (endorsed on the before abstracted Mortgage of 23 March 1868) between the therein within named John Bawtree, George Henry Errington and John Bawtree the younger thereinafter called the said Bankers of the one part and the therein within named John Eade of the other part

Reciting that the therein within named Jeremiah Haddock departed this life on the 14th November 1870

And Reciting that by an Indenture dated the 19th day of December 1870 between William Howard of Colchester in the County of Essex Gentleman of the first part said J. Eade of the second part and the  said bankers of the third part after reciting certain Indenture dated 14 April 1868 and made between said John Eade of the one part and said William Howard of the other part being a Mortgage in fee of the  hereditaments in the therein within written Indenture firstly described for securing the sum of £500 and interest in the manner therein mentioned

And Reciting the therein within written Indenture It was witnessed that in consideration of the sum of £500 paid to said William Howard by the said Bankers the said W. Howard did at the request and by the direction of the said J. Eade grant unto the said Bankers and their heirs All and singular the hereditaments comprised in the firstly therein recited Indenture

To hold the same unto and to the use of the said Bankers their heirs and assigns for ever freed and discharged from principal monies? and interest secured by the said firstly therein recited Indenture but subject to such right or equity of redemption as was then subsisting therein under or by virtue of the therein within written Indenture

And Reciting that a large sum of money still remained due to said Bankers upon his therein within mentioned Banking account but the said J. Eade being desirous of dealing with various parts of his property had applied to the said Banking Firm to reconvey to him the hereditaments comprised in and still subject to the above written Indenture in manner thereinafter appearing so as to enable the said J. Eade the more readily to deal with the same which said Banking Firm had agreed to do

And Reciting that a portion of the hereditaments comprised in the therein within written Indenture to whit the cottages standing in the rear of the premises in the occupation of Mr Mortlock had since the date thereof been sold and conveyed to William Goodwin the purchaser thereof

It was witnessed that in pursuance of the said agreement and in consideration of the premises the said J. Bawtree, G.H.  Errington and J.Bawtree the younger did thereby grant and release unto said J. Eade his heirs and assigns

All and singular the hereditaments comprised in the therein within written Indenture thereby granted and conveyed or intended so to be except the cottages sold and conveyed to said W. Goodwin

Together with all rights etc

To hold the same unto the use of said J. Eade his heirs and assigns for ever free and discharged from all principal  monies and interest secured or intended to be secured by the therein within Indenture and all claims and demands in respect thereof

Covenanted by said J.Bawtree, G. H. Errington and J. Bawtree the younger That they had not incumbranced

Executed by said J Bawtree, G. H. Errington and J.Bawtree the younger and attested

Summary of the Above Indentures (by Pat Marsden)

23 November 1864 Indenture of Conveyance between Benjamin Page Grimsey of Ipswich and John Eade of Colchester, builder

Recitals

31 August 1859 Indenture between William Freak Westwood and Mary Maria Smith of the messuages, etc to be conveyed to her use.

31 August 1859 certain copyhold lands at Wivenhoe surrendered to John Smith.

Mary Maria Smith and John Smith the younger had been lent £500 by Benjamin Page Grimsey with the repayment and interest being secured by a) the freehold messuages above mentioned and b) by the copyhold lands surrendered to John Smith the younger.  This included the messuages or tenements, Malting office and hereditaments together with their appurtenances.  They had the opportunity to repay the money plus interest of 5% per year.  However if they became in default for one calendar month after notice had been served Benjamin Page Grimsey was empowered to sell these premises and hereditaments either together or in lots or parcels by public auction or private sale to recover the money owed and deduct any charges, damages or expenses involved with any surplus or residue to go to the Smiths.

1 September 1859 Indenture made between Mary Maria Smith and John Smith the younger and Benjamin Page Grimsey in consideration of £30 which was also then due.  The Smiths then made a covenant with Grimsey to surrender their property to him by way of a mortgage in consideration of the loan of £500 loan plus interest and the loan of £30 plus interest. He was given the power of sale as previously stated should they default.  The Smiths acknowledged that they were in default and the hereditaments were sold by Grimsey by pubic auction in three lots at the Railway Hotel to John Eade for the sum of £600. Tenement referred to as ‘Angiers’ divided into several tenements part of which had been converted into a Malting Office with a malting office yard and garden.  Formerly in the occupation of W Mortimer, then Coats Gordon, then Robert Emson and lately by Messrs Daniell and Cooper and John Smith.

14 March 1866 Indenture of Mortgage between John Eade and William Howard of Colchester in which Eade agrees to secure the repayment of the sum of £250 (owed to William Howard by John Eade)  or any other sums lent not to exceed the sum of £500 plus interest at 5%. Land and hereditaments conveyed to William Howard.  In the meantime Eade has pulled down the Malting Office and other premises proviso that could be redeemed on redemption of £400, etc.  Power of sale in case of default.

23 March 1868 Indenture of Mortgage between John Eade and John Bawtree, George Henry Errington, John Bawtree the younger and Jeremiah Haddock.  Apparently John Eade owes the banking firm £1528 1/-.  Eade grants a conveyance to the bank of the freehold messauge and tenement divided into 2 tenement previously purchased by Grimseyto be used as security with proviso for redemption.  New amount should not exceed £1500.

8 September 1870 Indenture of further mortgage between John Eade and the banking firm described above.  Refers to an Indenture of 31 December 1868 between John Eade, the banking firm and Bright Wool (sic) of the piece of land and hereditaments previously described. States that by an Indenture dated 7 September 1870 between John Eade and Bright Wool in consideration of £20 paid by John Eade to Bright Wool the use of the piece of land and hereditaments were granted by Bright Wool to John Eade.  However John Eade was still indebted to the second mortgagees so think he gave it to them as payment of debt (or part payment?).  Together with the power of sale etc.  Proviso that the sum of money secured by the indenture should not exceed £30.

17 November 1871  Indenture refers to the death of Jeremiah Haddock on 14 November 1870.  Refers to an Indenture of the 19th day of December 1870 between William Howard, John Eade and the banking firm relating back to an Indenture made between William Howard and John Eade and the bankers on 14 April 1868 made between John Eade and William Howard on a mortgage made for securing the sum of £500. On consideration of the sum paid to Howard by the bankers, John Eade directed that the Indenture should come into the use of the bankers.  It was noted that a large sum of money still remained due to the bankers but John Eade requested that the hereditaments be reconveyed to him so that he might better deal with the same which the bankers had agreed to. Noted that part of the hereditaments consisting of the cottages to the rear which had been in the occupation of Mr Mortlock had since been sold to William Godwin.  Eade therefore received all the hereditaments back apart from the above.

[Abstract transcribed and checked by Pat Marsden and Sue Glasspool 18 February 2009]