CONVEYANCE
of a piece or parcel of orchard and garden ground situate in the Main
Street Sutton Bonington Notts. Consideration
£321:5:0. Dated 28 January 1904
Messrs W F Beardsley & T B Jones (mortgagees of Mr T J Dalby) and Mr T J
Dalby to Mr William P Ball.
This
Indenture made the twenty eighth day of January nineteen hundred and four
between William Frederick Beardsley of Loughborough in the County of Leicester
Solicitor, and Thomas Bowman Jones of the same place bank manager of
the first part Thomas Julian Dalby of Sutton Bonington in the County of
Nottingham farmer of the second part and William Pepper Ball of Sutton Bonington
aforesaid builder and contractor of the third part whereas Thomas Dalby late of
Sutton Bonington aforesaid blacksmith being at the date of his death seized and
possessed for an estate of inheritance in fee simple free from encumbrances of
the land hereditaments and premises hereinafter described and intended to be
hereby conveyed made his will bearing date the twenty eighth day of April one
thousand eight hundred and seventy three whereby after directing payment of his
debts funeral and testamentary expenses he gave and devised with other
hereditaments all that messuage or tenement in which he then resided with the
blacksmith`s shop barn stable outbuildings and appurtenances thereto belonging
and the garden and orchard opposite thereto unto and for the use of the said
Thomas Julian Dalby his heirs and assigns for ever subject nevertheless to and
the said testator did thereby charge the said hereditaments and premises with
the payment to each of his daughters Mary Ann Dalby Elizabeth the wife of Henry
Dutton and Louisa Dalby of the legacy or sum of forty pounds and he appointed
the said Thomas Julian Dalby and John Simpkin executors of that his will and
whereas the said Thomas Dalby died on the seventeenth day of April one thousand
eight hundred and eighty three and his said will was proved by both the said
executors in the Nottingham District registry of the probate division of her
late Majesty`s high court of Justice on the twenty seventh day of September one
thousand eight hundred and eight three and whereas the said legacies of forty
pounds to each of the said testators daughters have long since been paid and
satisfied and whereas by an Indenture dated the fifth day of May one thousand
eight hundred and ninety eight and made between the said Thomas Julian Dalby of
the one part and Letitia Attenborough of Wymeswold in the said County of
Leicester spinster of the other part the hereditaments hereinafter described and
intended to be hereby conveyed were (with other hereditaments) conveyed by the
said Thomas Julian Dalby unto and to the use of the said Letitia Attenborough in
fee simple subject to a proviso for the redemption of the said hereditaments on
payment by the said Thomas Julian Dalby to the said Letitia Attenborough of the
sum of two hundred pounds with
interest thereon on a day now past and whereas the said Letitia Attenborough
died on the twentyseventh day of November one thousand eight hundred and ninety
nine having by her will bearing date of twentyseventh day of October one
thousand eight hundred and ninety nine appointed Mary Ellen James of Hoby in the
said County of Leicester spinster and Henry Bamber of Thurcaston in the same
County farmer trustees and executors thereof both of whom proved such will in
the Leicester District registry of the probate division of
her late Majesty`s high court of justice on the fourteenth day of March
one thousand nine hundred and whereas by another Indenture bearing date the
twentyfifth day of May one thousand nine hundred endorsed on the hereinbefore
recited Indenture of the fifth day of May one thousand eight hundred and ninety
eight and made between the said Mary Ellen James and Henry Bamber of the first
part the said Thomas Julian Dalby of the second part and the said William
Frederick Beardsley and Trevor Bowman Jones of the third part the said Mary
Ellen James and Henry Bamber as mortgagees in consideration of the sum of two
hundred pounds then paid to them by the said William Frederick Beardsley and
Trevor Bowman Jones assigned unto the said William Frederick Beardsley and
Trevor Bowman Jones the said principal sum of two hundred pounds secured by the
hereinbefore recited Indenture and the benefits of all securities for the same
and for the same consideration and also in consideration of one hundred pounds
then paid to the said Thomas Julian Dalby by the said William Frederick
Beardsley and Trevor Bowman Jones the aid Mary Ellen James and Henry Bamber as
mortgagees thereby conveyed and the said Thomas Julian Dalby as beneficial owner
thereby conveyed and confirmed unto the said William Frederick Beardsley and
Trevor Bowman Jones in fee simple all the messuages lands and premises comprised
in the hereinbefore recited Indenture freed from all rights of equity of
redemption under such an Indenture but subject to a proviso for redemption of
the said hereditaments on payment of three hundred pounds with interest on a day
now past and whereas by another Indenture bearing date of the second day of May
one thousand nine hundred and one (and also endorsed on the hereinbefore recited
Indenture on the fifth day of May one thousand eight hundred and ninety eight)
and made between the said Thomas Julian Dalby of the one part an the said
William Frederick Beardsley and Trevor Bowman Jones of the other part the said
Thomas Julian Dalby further charged the messuages lands and premises with a
payment to the said William Frederick Beardsley and Trevor Bowman Jones of fifty
pounds and interest and whereas by another Indenture bearing date the thirteenth
day of April one thousand nine hundred and two and made between the said Thomas
Julian Dalby of he one part and the said William Frederick Beardsley and Trevor
Bowman Jones of the other part the said Thomas Julian Dalby further charged the
said messuages lands and premises with the payment to the said William Frederick
Beardsley and Trevor Bowman Jones of fifty pounds and interest and whereas there
is now due and owing on the security pf the hereinbefore recited Indentures the
aggregate principal sum of fur hundred pounds and whereas the said Thomas Julian
Dalby has agreed with the said William Pepper Ball for the sale to him of the
said piece of land hereinafter described at the price of three hundred and
twenty one pounds five shillings and whereas it has been agreed that the sum of
one hundred pounds shall be paid to the said William Frederick Beardsley and
Trevor Bowman Jones out of the said purchase money and that they should join in
these presents in manner hereinafter appearing now this Indenture witnesseth
that in consideration of the said sum of one hundred pounds to the said William
Frederick Beardsley and Trevor Bowman Jones paid by the said William Pepper Ball
on or before the execution of these presents by the direction of the said Thomas
Julian Dalby (the receipt whereof the said William Frederick Beardsley and
Trevor Bowman Jones hereby respectively acknowledge) and in consideration of the
sum of two hundred and twenty one pounds five shillings to the said Thomas
Julian Dalby at the same time paid by the said William Pepper Ball (the payment
and receipt in manner aforesaid of which said sums of one hundred pounds and two
hundred and twenty one pounds five shillings making together the said sum of
three hundred and twenty one pounds five shillings the said Thomas Julian Dalby
hereby acknowledges) the said
William Frederick Beardsley and Trevor Bowman Jones as mortgagees by the
direction of the said Thomas Julian Dalby hereby convey and the said Thomas
Julian Dalby as beneficial owner hereby conveys and confirms unto the said
William Pepper Ball all that piece or parcel of orchard and garden ground
situate at Sutton Bonington and aforesaid fronting the Main Street and
containing two rods and five perches or thereabouts and now or late in the
occupation of the said Thomas Julian Dalby (and which said piece or parcel of
land is by way of description and identification only and not by way of warranty
of area or measurement or limitation of boundaries delineated in the plan drawn
hereon and therein surrounded by a red line) together with all rights and
members and appurtenances whatsoever to the said land belonging or in any wise
appertaining to hold the same unto and to the use of the said William Pepper
Ball in fee simple freed and discharged from all principal money and interest
received by and all claims and demands hereinbefore receipted Indentures of
mortgage transfer and further charge or any of them
In witness
thereof the said parties to these presents have hereunto set their hands and
seals the day and the year first before written.
Signed
sealed delivered by the before named William Frederick Beardsley and Trevor
Bowman Jones in the prescience of William F Bent Beardsley solicitor
Loughborough
(Signatures)
W F Beardsley
Trevor B Jones
Thomas J Dalby
Signed
sealed and delivered by the above named Thomas Julian Dalby in the presence of
A L Beardsley articled clerk to Messrs Woolley Beardsley and Bosworth solicitors
Loughborough.
Endorsement
….
26th
April 1904 acknowledgment of right to production given to Mrs Edith Henrietta
Hamilton purchaser of 823 square yards of the within mentioned piece of land.