by Wendy Snarey

(10) Mortgage for £80 and Interest – Sarah Jones to John Hawling – 15th February 1731/2

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Cover: Mortgage for £80 and Interest – 15th February 1731/2 – Sarah Jones to John Hawling 

Also on cover is a record of repayment of interest over the years signed at various dates by John Hawling – [very difficult to read but as follows] 

  • 7th October 1732 – received forty shillings for half year’s interest due 15th August last past
  • 20th August 1733 – received £4 due for a year’s interest 15th [illegible]
  • 20th August 1733 – paid £20 [illegible] joining in the conveying the two little tenements sold…… security to Thomas Dobins butcher [illegible] – so now only the house in the High Street is my security and the principal money of £80 paid is reduced o £60 and the interest to commence 15th August 1733 of the said £60
  • 1st October 1734 – paid of Sarah Jones by the hands of [illegible] – Sarah - £3 for a year’s interest on the above £60 due 15th August last past
  • 10th March 1735 – received of [Illegible] Jones £3 for agreed interest due 15th August 1735
  • 25th September 1738 – received of Sarah Jones £3-10s-0d and received 6th October 1740 £2-10s-0d for two year’s interest due 15th August 1737 and received more at same time 10s-0d

Records continue to 1748

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Document: Indenture Tripartite dated 15th February 1731 made between:

  1. Samuel Hayward of Alderton in the County of Gloucester clerk
  2. Sarah Jones of Tewkesbury widow and relict of Ralph Jones late of Tewkesbury innholder
  3. John Hawling of Tewkesbury gentleman

Whereas by Indenture of lease in the nature of a mortgage dated 25th December 1727 made between:

Said Sarah Jones and Samuel Hayward by the then name Samuel Hayward of the City of Oxford Bachelor of Arts 

The said Sarah Jones for the consideration expressed did grant bargain and sell unto Samuel Hayward

All those 2 small Messuages or Tenements with the appurtenances situate lying and being in Tewkesbury in a certain street called Barton Street having a messuage or Tenement then late in the tenure or occupation of William Ransford Cooper lying on the East and as Shop late or heretofore in the tenure of Paul Finn? On the West 
And which said two small Messuages or Tenements were heretofore in the possession of William Collerick his undertenants or assigns and now of her the said Sarah Jones her undertenants or assigns
And Also All that other Messuage or Tenement with appurtenances lying and being in Tewkesbury in a certain street called the High Street alias Oldbury Street heretofore in possession of Nicholas Allen his undertenants and assigns then late of Richard Bubb and now in the occupation of John Peace baker having
Messuage or Tenement then and now in the possession of James Kingsbury on North side
Messuage or Tenement then and now in possession of Bartholomew Sweet on South Side

Together with all manner of houses etc etc whatsoever to the said several Messuages or Tenements or Premises before granted

And to the Reversion and Reversions 

And to Remainder and Remainders Rents Issues and Profits and all Deeds and Evidences concerning the Title

And all Estate Right and Title whatsoever of her the said Sarah Jones into and out of the said several Messuages or Tenements hereby granted

To hold the same unto said Samuel Hayward his executors and Assigns from 23rd December last past for 1000 years next ensuing paying one peppercorn at the Feast of St Michael the Archangel if demanded

Proviso for exemption upon payment of £80 with interest

And Whereas all interest for said principal sum of £80 hath been paid but principal sum of £80 still remains

And Whereas Samuel Hayward having occasion to call in said sum of £80, the said Sarah Jones hath prevailed with the said John Hawling to lend the same on security of the said edifices and hereby assigned premises

Now This Indenture Witnesseth that said Samuel Hayward for and in consideration of £80 to him paid by said John Hawling (receipt acknowledged) – Samuel Hayward doth acquit and assign unto John Hawling and by direction of said Sarah Jones – All and singular the said several Messuages or Tenements and Premises mentioned in said recited Indenture

To have and to hold the said recited Messuages or Tenements unto the said John Hawling his executors and assigns during the residue of the term of years to come

And the said Sarah Jones ratifies and confirms unto said John Hawling during the residue of the said recited term of 1000 years

Proviso for repayment of £80 with interest

Signed Samuel Hayward; Mark of Sarah Jones

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