1871 - Brydges / Walker to Phillips

1871 - Transfer from William Brydges and James Walker to Elizabeth Phillips

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This Indenture made 8^th May 1871 between:-

The within named William Brydges
The within named James Walker
Elizabeth Phillips of Tewkesbury in the County of Gloucester spinster

Whereas the within mentioned sum of £400 still remains due and owing to the said William Brydges upon security of the within written Indenture but all interest thereon has been duly paid up to the date of these presents

And Whereas the said Elizabeth Phillips has agreed at the request of the said James Walker to pay to the said William Brydges the said sum of £400 upon having such transfer as in hereafter contained of the said Mortgage debt of £400 and interest and the securities for the same and upon having the repayment of the sum with interest after the rate hereinafter mentioned further secured in manner hereinafter appearing.

Now this Indenture Witnesseth that in pursuance of the said agreement and in consideration of the sum of £400 sterling upon the execution of these presents to the said

William Brydges paid by the said Elizabeth Phillips at the request of the said James Walker (the receipt of which said sum of £400 the said William Brydges doth hereby acknowledge and from the same doth hereby release the said Elizabeth Phillips her heirs executors administrators and assigns and also the said James Walker) - He the said William Brydges at the request of the said James Walker doth hereby assign unto the said Elizabeth Phillips her executors administrators and assigns.

All that the said principal sum of £400 so owing to the said William Brydges on the security of the within written Indenture as is hereinbefore mentioned and the interest henceforth to become due for the same and the benefit of all securities for the same.
And all estate right title interest property claim and demand of him the said William Brydges therein or thereto

To Have and to Hold the said principal sum and interest and all other the premises hereinbefore expressed to be hereby assigned unto the said Elizabeth Phillips her executors administrators and assigns for her and their own benefit.

And this Indenture also Witnesseth that in pursuance of the said agreement and for the consideration aforesaid He the said William Brydges at the request of the said James. Walker doth hereby grant unto the said Elizabeth Phillips her heirs and assigns

All and singular the said Messuage Tenement or Dwellinghouse Hereditaments and Premises in the within written Indenture expressed to be hereby granted or which now by any means are vested in the said William Brydges subject to redemption under or by virtue of the within written Indenture with their rights easements and appurtenances as in the within written Indenture expressed.

And all the estate right title interest property claim and demand whatsoever of him the said William Brydges therein or thereto

To have and to hold the said Messuage Tenement or Dwellinghouse hereditaments and all other the premises hereinbefore expressed to be hereby granted unto and to the use of the said Elizabeth Phillips her heirs and assigns forever - Subject to such right or equity of redemption as the same premises are now subject to under or by virtue of the within written Indenture on payment to the said Elizabeth Phillips her executors administrators or assigns of the said sum of £400 and the interest henceforth to become due for the same

And the said William Brydges doth hereby for himself his heirs executors and administrators covenant with the said Elizabeth Phillips her heirs executors administrators and assigns that he the said William Brydges hath not done or knowingly suffered or been party or privy to any act deed matter or thing whereby the said hereditaments moneys and premises expressed to be hereby granted and assigned respectively or any part thereof respectively are is or may be impeached charged affected or incumbered in title estate or otherwise howsoever or whereby he is in anywise hindered from granting and assigning the same premises respectively in manner aforesaid

And the said James Walker doth hereby for himself his heirs executors and administrators covenant with the said Elizabeth Phillips her executors and administrators that he the said James Walker his heirs executors and administrators will on the 31^st day of July next pay to the said Elizabeth Phillips her executors administrators or assigns the sum of £400 with interest for the same in the meantime at the rate of £5 per centum per annum without any deduction and if the said sum of £400 or any part thereof shall remain unpaid after the said 31^st July next will henceforth so long as the same sum or any part thereof shall remain unpaid pay to the said Elizabeth Phillips her executors administrators or assigns interest for the said sum of £400 or so much thereof as shall for the time being remain unpaid at the rate aforesaid by equal half yearly payments on 31^st day of July and the 31^st day of January without any deductions

In Witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written

Notes at bottom of Indenture:-

Signed sealed and delivered by the above named William Brydges and James Walker in the presence of Churchill Romney solicitor Tewkesbury

Received on the day and year first above written of and from the within named Elizabeth Phillips the sum of £400 being the consideration money above mentioned to be paid by her to me

£400 signed: William Brydges Witness: Churchill Romney