(44) Conveyance of a Dwelling House, Shop, Yard etc in the High Street – Mr Benjamin Perks Procter to Mr George Hayward – 12th October 1858

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Cover: Conveyance of a Dwelling House, Shop, Yard etc in the High Street – Mr Benjamin Perks Procter to Mr George Hayward – 12th October 1858

Document:

This Indenture dated 13th October 1858 and made between:

1. Benjamin Perks Procter of Cookhill in the parish of Inkberrow Worcestershire farmer
2. Thomas Applebee of Tewkesbury gentleman
3. William Grizzell of Kemerton Gloucestershire grocer
4. George Hayward of Tewkesbury ironmonger

Whereas by Indenture dated 12th September 1848 made between:

1. Joseph Smith and Maria his wife
2. The Rev Samuel Ellis Garrard

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After reciting that said Joseph Smith was seized in fee of the Messuage and Lands Hereditaments and Premises thereinafter described and intended to be released and in consideration of £1000 the said Joseph smith granted released and confirmed and said Maria his wife with the intent to release the said Messuage and Hereditaments free from her incroate? Title to dower did remise and release unto the said Samuel Ellis Garrard his heirs and assigns (amongst other hereditaments) – the messuage and premises hereinafter described and assured

To have and to hold to use of Samuel Ellis Garrard and his heirs subject to a proviso for the redemption by said Joseph Smith of £1000 and 5% interest

In default Samuel Ellis Garrard could, after giving 6 months’ notice, sell the premises

And Whereas by Indenture dated 18th October 1857 made between:

1. Samuel Ellis Garrard
2. Joseph Smith
3. Benjamin Perks Procter

After reciting last recited Indenture in consideration of £1000 paid to Samuel Ellis Garrard by Benjamin Perks Procter the said Samuel Ellis Garrard by direction of Joseph Smith assigned to Benjamin Perks Procter £1000 and all interest due for the same

And by the same Indenture the said Samuel Ellis Garrard by direction of Joseph Smith granted and conveyed and the said Joseph Smith granted released and confirmed unto the said Benjamin Perks Procter his heirs and assigns the Messuage and lands hereditaments and premises by the said Indenture granted and released

To Hold to use of Benjamin Perks Procter his heirs and assigns discharged of all right or equity of redemption by virtue of said Indenture but subject to a proviso for redemption on payment by the said Joseph Smith un to Benjamin Perks Procter of £1000 and interest at 4½% 

Proviso that in default of payment Benjamin Perks Procter can sell premises

And Whereas default was made

And Whereas mortgaged hereditaments were put up for sale by auction at Swan Hotel on 7th August last at which sale Thomas Applebee was declared the purchaser of Lot 2 comprising the Messuage and Hereditaments and Premises hereinafter described and intended to be assured at the price of £110 and he has agreed to relinquish his said purchase in favour of George Hayward

Now this Indenture Witnesseth that in pursuance and exercise of the trusts and powers contained in the said recited mortgage securities and for carrying the said recited sale into effect and in consideration of £110 paid to Benjamin Perks Procter by the said George Hayward (with the privity of said Thomas Applebee) in full for the  absolute purchase of the Messuage Hereditaments and Premises hereinafter described (receipt acknowledged) He the said Benjamin Perks Procter doth acquit and release and the said Thomas Applebee doth release and confirm unto the said George Hayward

All that Messuage or Tenement (now used as a Shop) situate in High Street Tewkesbury with the yard detached back kitchen and workshop over the same  and other buildings and premises formerly in the occupation of William Morgan afterwards of James Kingsbury then of John Garrison but now of Charles Skey tinman as tenant having

A Messuage or Tenement formerly belonging to Thomas Woollams and now of George Smith bell hanger on South
Messuage or Tenement formerly in the occupation of William Brooking but now of Henry Sheppard on North
Extending from the High Street on the front part to a passage leading from Smiths Lane at the back part thereof
Together with all the buildings, ways, passages etc
And the Reversion and Reversions 
And the Remainder and the Remainders and all rents issues and profits
And all estate right and title absolutely discharged from the mortgage debt of £1000 and interest and all claims, demands in respect of these unto said George Hayward
To hold to use of George Hayward forever
Covenant by George Hayward the wife not entitles to Dower
Covenant by Benjamin Perks Procter that he had not encumbered the premises

And Whereas it was one of the conditions of the said recited sale that the title Deeds relating to more than one Lot should be delivered to the purchaser of the largest value who should enter into the usual covenant for production thereof – and said William Grizzell being the purchaser of the largest value the hereinbefore mortgaged securities have been handed over to him on completion of said purchase

Now in pursuance of said recited agreement he the said William Grizzell doth hereby for himself and his heirs covenant with said George Hayward and his heirs for production of relevant Deeds and in the meantime to keep safe and preserve same

Signed

Benjamin Perks Procter; Thomas Applebee; William Grizzell