(43) Abstract of the title of the Mortgagees of Mr Joseph Smith to a Messuage or Tenement House and Premises situate in the High Street Tewkesbury forming Lot 2 at the Sale by Auction at the Swan Hotel Tewkesbury on 11th August 1858 at which Mr Thomas Appelbee became the purchaser thereof (since sold by him to Mr George Hayward)

28^th January 1793 – Robert Smith of Tewkesbury whitesmith, by his Will of this date did give and devise unto his niece Elizabeth Smith (who then lived with him), daughter of George Smith whitesmith deceased

ALL THAT MESSUAGE or Tenement with the buildings and appurtenances thereunto belonging situate lying and being in the High Street Tewkesbury late in the occupation of William Morgan as his tenant thereof To hold unto and to the use of the said Elizabeth Smith her heirs and assigns forever Executed by Testator and attested by 3 witnesses and proved at Gloucester 20^th May 1793 by the executors therein named

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Thereinafter described might be settled and conveyed upon the several uses trusts intents and purposes thereinafter expressed limited and declared

And in consideration of 10s-0d to said Elizabeth Smith paid by Messrs Trueman and Care, she the said Elizabeth Smith with the consent and approbation of T. Elliott testified etc

Did Grant release and confirm unto said Trueman and Care for their actual tenure etc and their heirs and assigns

ALL THAT MESSUAGE or Tenement situate lying and being in the High Street in Tewkesbury then lately in the occupation of William Morgan shopkeeper but then of James Kingsbury as tenant thereof having
A Messuage or Tenement belonging to Thomas Woollams then void on the South side thereof
And all the houses etc; and all the Reversion etc; and all the Estate right and Title etc

To hold the same unto said Trueman and Care and their heirs to the use of said Elizabeth Smith and her heirs until said Marriage should be solemnized and after the solemnization thereof
To the use of said T. Elliott and his assigns for his life sans waste remainder
To the use of said E. Smith for her life sans waste remainder
To the use of the sons and daughters of said E. Smith by the said T. Elliott to be equally divided between them if more than one as tenants in common and the heirs of the respective bodies of such sons and daughters

And in default of issue to the use of such person or persons for such estates, rights or interests and chargeable with such yearly or gross sums of money and subject to such powers provisos and conditions and in such manner as the said E. Smith whether covert or sole and notwithstanding her intended coverture by any deed or writing with or without power of revocation under her hand

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And that to be attested by two or more witnesses or by her last Will and Testament  in writing or any writing purporting to be or in nature of her last Will and Testament by her duly signed and executed and published in the presence of and attested by should give grant declare demise limit or appoint

And in default thereof to the use of the right heirs of the said E. Smith forever

Usual covenants for title
Release executed by all parties and attested by 2 witnesses
There was no issue of the said Marriage

The said Thomas Elliott died having his said wife Elizabeth Elliott him surviving

1st April 1837 – 

The said Elizabeth Elliott by her Will of this date gave devised and bequeathed
The FREEHOLD DWELLING HOUSE and premises in which she the resided situate in the High Street in Tewkesbury together with the whole of her personal estate of what nature or kind soever unto her cousin Joseph Smith of Tewkesbury maltster his heirs executors administrators and assigns (being Joseph Smith mortgagor) 
Subject to the payment of her just debts, funeral and testamentary expenses and subject also to the following and specific and pecuniary bequests vizt:-
To John Elliott son of John Elliott brother to Testatrix’s late husband - £5
To Elizabeth daughter of the said last named John - £5
To William and Elizabeth Wagstaff son and daughter of Testatrix’s cousin Sarah Wagstaff = £5 each
To Testatrix’s cousin Thomas Smith - £5 to be paid to him by weekly payments of 2s-0d each
To Cousin James Smith then or late of Andover - £5
To Testatrix’s cousin Ann Hyatt - £5 to be paid by weekly payments of 2s-0d until extended
And said Testatrix appointed her said cousin Joseph Smith sole executor

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Executed by the said Testatrix and attested by 3 witnesses

Proved at Gloucester by said Joseph Smith on 17th April 1841

15th September 1848 – By Statutory Indenture of this date made between:

1. The said Joseph Smith therein described as of Tewkesbury maltster son and heir at law of Robert Smith then late of the same place baker deceased and Maria the wife of the said Joseph Smith
2. The Rev Samuel Ellis Garrard of Dumbleton clerk

Reciting that the said Joseph Smith was seized in fee simple of and in the several Messuages, Lands, Hereditaments and Premises thereinafter described granted [???] and having occasion for £1000 the said S.E. Garrard had agreed to advance him the same upon having repayment thereof with interest secured to him in manner thereinafter contained

It is witnessed that in pursuance of the said agreement and in consideration of £1000 to said Joseph Smith by S.E. Garrard [receipt acknowledged] – the said Joseph Smith did grant alien release and confirm and the said Maria the wife of the said Joseph Smith with intent to release and discharge the said Messuages, Land, Hereditaments and Premises from her right or title to dower thereout in case of her surviving her said husband did remise and release unto the said Samuel E. Garrard

ALL THAT MESSUAGE or Tenement situate in the High Street in Tewkesbury formerly in the occupation of William Morgan afterwards of James Kingsbury and then of John Garrison as tenant thereof having:
A Messuage or Tenement formerly belonging to Thomas Woollams and then in the occupation of George Smith on the South Side
A Messuage or Tenement in the occupation of William Brooking on the North Side

And the Reversion etc
And all the estate right and title etc
To hold the same with their appurtenances [discharged from the title to dower of the said Maria Smith thereout and from all claims and demands in respect thereof] unto said S.E. Garrard and his assigns

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To the only use of S.E. Garrard and his assigns forever

Subject to Proviso for redemption therein after contained vizt

Proviso for redemption and reconveyance of the said hereditaments and premises on payment by the said Joseph Smith his heirs executors and administrators unto the said S.E. Garrard his executors administrators and assigns of £1000 with interest for the same at £5 per cent per annum on the 12th March then next

Covenant by said Joseph Smith for payment of said principal money and interest

Proviso and declaration that in case of default should be made in payment of the said sum of £1000 or of the interest thereof or of any part of the money at the time and in manner in the before mentioned proviso or condition and covenant appointed for payment thereof it should and might be lawful for the said S.E. Garrard his heirs and Assigns either immediately upon such default or at any time or times thereafter -  first giving the said Joseph Smith his heirs and assigns 6 calendar months’ notice in writing to pay in the said principal sum and its interest or leaving such notice for him or them at his or their last most usual place of abode in England either by public auction or private contract either together or in Lots or Parcels and otherwise in such manner in every respect as to him or them should seem best to make sale and absolutely dispose of the said Messuages Land and Hereditaments thereby expressed or intended to be released with their appurtenances or any part or parts thereof to any person or persons whomsoever for the most money and best price that could reasonably be obtained for the same with power to buy in the same at any such sale by public auction and to rescind any contract for sale by private a contract and afterwards resell the same without being answerable or accountable for any loss or diminution in price in consequence of such resale and on every such sale or sales to grant release convey or assure the same to the purchaser or purchasers thereof – it being thereby expressly declared and agreed that such purchaser or purchasers should not be expected or bound to enquire into or ascertain whether default had or had not been made in payment of said £1000 or of the interest thereof or any part thereof or whether such notice as thereinbefore was required had or had not been given or left so as to authorise any such sale as aforesaid – nor should he she or they be expected or required to see or attend to the application of his her or their purchase may or be answerable or accountable for the misapplication or non-application thereof

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The grant release conveyance or other assurance of the said S.E. Garrard his heirs or assigns alone being declared a valid and conclusive assurance to all intents and purposes and his or their receipt alone a good and sufficient acquittance release and discharge to such purchaser or purchasers respectively

Directions for application of purchase monies first in payment and expenses – then of mortgage money and interest and to pay the residue to said Joseph Smith his heirs or assigns or as he or they shall direct

Covenant by said Joseph Smith that he and Maria his wife had good right and title to convey
For quiet enjoyment by mortgagee after default – free from incumbrances
For further assurance against loss by fire
Executed by said Joseph Smith and Maria Smith and attested by 2 witnesses 
Receipt for consideration money indorsed – signed by Joseph Smith and witnesses

Same Date (15th September 1848)

Memorandum of acknowledgment of last abstracted Indenture by said Maria Smith written in the margin thereof and signed by 2 Commissioners

Same Date (15th September 1848)

Office Copy Certificate of Acknowledgment of said Indenture by said Maria Smith before 2 Commissioners

18th October 1857

By Indenture of this date made between 

1. said Rev S.E. Garrard therein described as of Park Hall in the County of Warwick clerk
2. Said Joseph Smith
3. Benjamin Perks Procter of Cookhill in the parish of Inkberrow in the County of Worcester farmer

Reciting the last abstracted Indenture

That said sum of £1000 remained due to the said S.E. Garrard but all interest thereon had been paid up to the date thereof as he did thereby declare

And Reciting that said S.E. Garrard having required payment of said sum of £`1000 said Benjamin Perks Procter had at the request of said Joseph Smith agreed to pay off same upon having the said mortgage debt and the securities for the same assigned and assured to him in manner thereinafter mentioned

It is witnessed that in pursuance of said agreement and in consideration of £1000 to said

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S.E. Garrard at the request of said Joseph Smith paid by Benjamin Perks Procter (receipt acknowledged) He the said S.E. Garrard by the direction of said Joseph Smith did assign transfer and set over unto said Benjamin Perks Procter his heirs and assigns 
All that the said Principal sum of £1000 so due and owing to him the said S.E. Garrard upon his said recited security as thereinbefore was mentioned together with all the interest to become due for 
And also the full benefit and advantage of all and singular the covenants powers and provisos in said Indenture of 12th September 1848 contained and of all and singular other the securities for the same Principal and Interest money
And all estate right and title etc 

Usual power of attorney for said Benjamin Perks Procter his executors and assigns to ask demand sue for recovery receive and gave effectual receipts and discharges for said sum of £1000 and the interest for the same

To receive and take the sum of £1000 and the interest thenceforth to become due for the same unto said Benjamin Perks Procter his executors administrators and assigns for his and their own absolute use and benefit

And it is by abstracting indenture also witnessed that in further pursuance of the said agreement and for the consideration aforesaid He the said S.E. Garrard at the request and by direction of the said Joseph Smith did grant release and convey and the said Joseph Smith did grant release and confirm unto said Benjamin Perks Procter his heirs and assigns  - All and singular the said Messuages or Tenements Cottages Closes Pieces or Parcels of Garden Meadow or Pasture Land or Ground hereditaments and premises by the said Indenture of 12th September 1848 granted or expressed and intended so to be 
And all their estate right and title etc
To hold the same unto Benjamin Perks Procter his heirs and assigns to use of Benjamin Perks Procter his heirs and assigns forever freed and discharged from all right or equity of redemption of said Joseph Smith his heirs and assigns under or by virtue of said Indenture of 12th September 1848 contained

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But subject to the proviso for redemption thereinafter contained vizt

Proviso for redemption of the said hereditaments and premises on payment by the said Joseph Smith his heirs executors and administrators unto the said Benjamin Perks Procter his executors administrators and assigns of £1000 with interest for the same at £4-10s-0d per cent per annum on the 18th April then next

Agreement that said Benjamin Perks Procter his heirs executors administrators and assigns should be entitled and should and might have and exercise all and every the powers of selling and of giving receipts and discharges to purchasers and all and every other the powers and trusts and authorisations in said Indenture of 12th September 1848 contained and thereby given to and vested in said S.E. Garrard his heirs etc as fully and effectually to all intents and purposes whatsoever as he or they could or might have exercised in case abstracting presents had not been made or executed

Proviso that the said power of sale should and might be exercised by said Benjamin Perks Procter his executors administrators and assigns at any time or times thereafter when and as often as any half yearly payment of interest should be in arrear for the space of 3 calendar months after any of the half yearly payment days of payment thereinafter mentioned without giving or leaving any notice of such intention to any person or persons whomsoever

And in the event of any sale or sales by said Benjamin Perks Procter his heirs or assigns it should not be incumbent on the purchaser or purchasers to ascertain or enquire into the necessity of any such sale or whether previously to such sale default in payment of interest as aforesaid should actually have taken place or whether such notice of intention had been given
Covenant by said S.E. Garrard that he had not incumbered
Covenant by Joseph smith for payment of Principal and interest
Executed by all parties and attested by 2 witnesses
Receipt for £1000 indorsed signed by S.E. Garrard and witnessed

5th June 1858

By Indenture of this date made between

1. Said Joseph Smith and Maria his wife
2. Nathaniel Hartland; L. Winterbotham and S. Jones esquires – trustees of the Gloucestershire Banking company

Reciting the before abstracted Indenture of Mortgage to the Rev S.E. Garrard of 12th September 1848

And reciting that said Joseph Smith had for many years past been in the habit of transacting business with the Gloucestershire 

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Banking Company and on 15th February 1850 addressed and gave to them a Memorandum of charge in the words and figures or to the purport and effect following

“In consideration of your allowing me to overdraw my banking account I hereby charge all my property now in mortgage to the Rev S.E. Garrard of Dumbleton for £1000 and interest with the payment of every sum that is now or at any future time may be due to you on my banking account or on any transaction connected therewith and I hereby further promise and undertake to give you a second mortgage on the said property for whatever is owing to you as aforesaid whenever you shall call on me to do”

And reciting that the said Banking Company allowed the said Joseph Smith to overdraw his Banking Account accordingly I had then called upon and require him in pursuance of his said promise and undertaking to make and execute to them a regular and valid mortgage of said hereditaments and premises subject as aforesaid which he had agreed to do in manner thereinafter contained

And Reciting that in pursuance of the 17th Section of the settlement under which the said Banking Company was constituted the said Nathaniel Hartland, L. Winterbotham and S. Jones had been duly appointed the Trustees in whose names the several securities estate and effects to be taken by or given to or in favour of the said Banking Company were to be taken and whose receipt should be sufficient discharge for the same 

It is witnessed that in pursuance and consideration of the premises and for carrying the aforesaid promise and undertaking into effect and of 10s-0d etc – He the said Joseph Smith did by the now abstracting g Indenture grant alien and release convey and confirm and the said Maria his wife  with intent to release and discharge said Messuages Lands etc from her right to Dower thereout in case of her surviving her said husband did demise release unto said Nathaniel Hartland L. Winterbotham and S. Jones

All and every the Messuages, Lands, Tenements, Hereditaments and Premises thereinbefore mentioned described or referred to and all other the Messuages Lands Tenements etc granted and released or otherwise assured by the thereinbefore in part recited Indenture of Mortgage to the S.E. Garrard with all and every the rights easements privileges advantages members and appurtenances  thereunto

And the Reversion and Reversions and Remainder and Remainders etc

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And all estate right and title etc

To hold the same with the appurtenances unto the use of said Nathaniel Hartland; L. Winterbotham and S. Jones their heirs and assigns forever – subject nevertheless to the recited Indenture of Mortgage to the said S.E. Garrard

Proviso for reconveyance of said premises on payment his heirs or assigns on demand or whenever thereunto required by the said Nathaniel Hartland; L. Winterbotham and S. Jones  or by the said Banking Company or any Director Manager Clerk or Agent thereof by letter or other notice in writing given or sent by Post to said Joseph Smith or left at his last known place or abode in England or the present Dwelling House of said Joseph Smith in Tewkesbury aforesaid of all sums of money in which said Joseph Smith therein mentioned or might become indebted to said Banking Company
Covenants by said Joseph Smith for payment
For quiet enjoyment after default
Free from incumbrances (except for recited mortgage to said S.E. Garrard
For further assurance
And for Insurance against fire

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Proviso and declaration that in default of payment …………. Said Nathaniel Hartland; L. Winterbotham and S. Jones may sell by Auction or private contract etc and to convey the premises to the purchaser or purchasers freed and absolutely discharged from all right and equity of redemption 

Power to said Trustees to lease for any term not exceeding 21 years

Declaration that no purchaser should be obliged to enquire whether default had been made in payment of principal and other money thereby intended to be secured ………….

Declaration that said Trustees should stand possessed of said purchase monies UPON TRUST
First in payment of expenses
Next in case of said premises should be sold and discharged from said mortgage to S.E. Garrard
to pay off such mortgage debt and interest and after such payment or in case the same should be sold subject to the said mortgage then with payment thereof to retain pay off and discharge said Banking Company all sums of money in which said Joseph Smith should be then indebted or liable to them as thereinbefore mentioned

Declaration that nothing therein contained should in anyway prejudice or affect any of the bills, notes or other secs? whatsoever held or taken by the said Banking Company for all or part of the money due to them by the said Joseph Smith or the liabilities of any of the parties thereto for payment thereof
Executed by said Joseph Smith and Maria Smith and attested by 2 witnesses acknowledged by Maria Smith before 2 perpetual Commissioners endorsed

5th June 1858

Office Copy Certificate of acknowledgement of the last abstracted Deed by Maria the wife of said Joseph Smith before Commissioners