Deed for 10 Queens Road (1856-1881)

Relating to the piece of land and property which would become later known as 'Bay Cottage'.

Summary by Pat Marsden

Plan included in 1881 deed

Conveyance of a piece of land situate at Wivenhoe in the County of Essex John S. Barnes Esq. to Mr. Daniel Barrell 7th May 1881

This Indenture made the seventh day of May One thousand eight hundred and eighty one Between John Stuck Barnes of Colchester in the County of Essex Gentleman of the one part and Daniel Barrell of Wivenhoe in the said County of Essex Builder of the other part Whereas by an Indenture dated the Twentieth day of November One thousand eight hundred and fifty six made between Amelia Buck Sanford of Wivenhoe in the said County of Essex Widow and Edward Benjamin Sanford of Wivenhoe aforesaid on the one part and James Wicks of the other part the piece or parcel of land hereinafter described and intended to be hereby conveyed was with other hereditaments released unto and to the use of the said James Wicks his heirs and assigns Subject to a proviso for redemption on payment of the sum of One hundred Pounds and interest for the same as therein mentioned And whereas by an Indenture dated the fourteenth day of May One thousand eight hundred and sixty four made between the said James Wicks of the first part the same Amelia Buck Sanford and Edward Barnes and his heirs To the use of the said John Stuck Barnes his heirs and assigns for securing to him the sum of him the sum of One hundred and ten pounds and interest as therein mentioned And by the indenture now in recital it was declared that if the said sum of One hundred and ten pounds and interest should not be paid on the day therein mentioned (now long since past) then it should be lawful for the said John Stuck Barnes his heirs executors administrators or assigns at any time or times thereafter absolutely to sell and dispose of the said hereditaments and premises thereby granted and released or any part thereof with their appurtenances either together or in parcels and either by Public Auction or Private Contract And subject to said conditions as he or they should think fit with power to buy in the same and any part thereof and to rescind any Contract for the sale thereof or of any part thereof and to resell the same at any future Auction or by Private Contract without being liable for any loss occasioned thereby And for the purposes aforesaid to enter into and execute all such Contracts deeds Conveyances and assurances as he or they should think proper And it was thereby agreed that all such Contracts deeds Conveyances and assurances should be valid and effectual whether the said Amelia Buck Sanford and Edward Benjamin Sanford their heirs or assigns should or should not join therein and should bind him her and them and all persons claiming under her him or them And it was agreed that the receipt or receipts in writing of the said John Stuck Barnes his executors administrators or assigns should be good effectual discharge and discharges for the monies to arise from such sale or sales or for any monies payable in application thereof And whereas by a Memorandum dated the Twenty first day of May One thousand eight hundred and sixty four the said Edward Benjamin Sanford charged the said premises with the payment of the further sum of Ten pounds to the said John Stuck Barnes And whereas the two several sums of One hundred and ten pounds and ten pounds are still due and owing on the said Securities And whereas the said John Stuck Barnes has contracted with the said Daniel Barrell for the sale to him of the piece of land or ground hereinafter described and intended to be hereby conveyed being part of the premises comprised in the before recited Indentures at the sum of Twenty Pounds Now this Indenture witnesseth that in consideration of the sum of Twenty Pounds now paid by the said Daniel Barrell to the said John Stuck Barnes the receipts whereof and that the same is in full for the purchase of the piece of land hereinafter described he doth hereby acknowledge He the said John Stuck Barnes in exercise of the power given to him by the hereinbefore recited Indenture of Mortgage of the Fourteenth day of May One thousand eight hundred and sixty four Doth by these presents grants release and convey unto the said Daniel Barrell and his heirs All that piece or parcel of land or ground situate lying and being in the parish of Wivenhoe aforesaid being part of the hereditaments comprised in the before recited Indentures and which is more fully described and set forth in the plan drawn in the margin of these presents and coloured Green And all the estate right and interest of the said John Stuck Barnes therein and thereto To hold the said piece or parcel of land or ground Unto the said Daniel Barrell and his heirs To the use of the said Daniel Barrell his heirs and assigns for ever free and discharged from the payment of the said sums of One hundred and ten pounds and Tens pounds and all the interest thereafter to become due thereon And the said John Stuck Barnes for himself his heirs executors and administrators covenants with the said Daniel Barrell his heirs and assigns that the said John Stuck Barnes hath not heretofore in any way disposed of or encumbered the hereditaments hereby conveyed or any part thereof and that for the time only of his or their right as mortgagee or mortgagees or otherwise to the custody of the writings hereinafter mentioned will or shall from time to time and at all times hereafter upon every request and at the costs of the said Daniel Barrell his heirs or assigns produce to him or them or to such person or persons or before such court judge or arbitrator otherwise as he or they shall appoint or require or the support or manifestation of his or their title to the said hereditaments And shall at all times keep safe and undefaced unless prevented by inevitable accident And at the like request and costs make and deliver true copies of or extracts from all or any of the deeds and writings specified in the schedule hereunder written attested or unattested In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written
The Schedule above referred to
20th November 1856 Indenture of Mortgage made between the said Amelia Buck Sanford and Edward Benjamin Sanford of the one part and James Wicks of the other part
14th May 1864 Transfer of Mortgage made between the said James Wicks of the first part the said Amelia Buck Sanford and Edward Benjamin Sanford of the second part and the said John Stuck Barnes of the third part
21st May 1864 Memorandum of Further Charge under the hand of the said Edward Benjamin Sanford
J.S. Barnes Daniel Barrell

Received the day and year first within written of and from the within named Daniel Barrell the sum of Twenty Pounds being the consideration money within expressed to be [paid?] by him to me £20

Witness
Henry H Elwes [?] J.S. Barnes

Signed sealed and delivered by the within named John Stuck Barnes in the presence of Henry H. Elwes Solicitor Colchester

Signed sealed and delivered by the within named Daniel Barrell in the presence of S.W. Fincham [?] Clerk to the within named John Stuck Barnes

Transcribed by Ele Wake and Pat Marsden 21 October 2010

This page was added on 27/02/2016.

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