Walter Staveley of Knaith, Lincolnshire

Dated 8th day of March 1848:

The executors of Mr. Richard Wilson deceased by direction of and with Mrs. Sarah Kirkland

to

Mr. Walter Staveley

Assignment of Mortgage

of a

Cottage, Land, Mill, and premises at Mefsingham for securing ₤200 and interest at 41/2 per cent

 

This Indenture made the eighth day of March in the year of our Lord one thousand eight hundred and forty eight Between Robert Borwell of Gainsbro' in the County of Lincoln Miller, Joseph Keyworth of Spital in the same County Innkeeper, and John Holland Wilson of Gainsbro' aforesaid cheesefactor of the first part, Sarah Kirkland of Mefsingham in the said County of Lincoln Widow of the second part, and Walter Staveley of Knaith in the same County of Lincoln Farmer of the third part. Whereas by an Indenture dated on the nineteenth day of August one thousand eight hundred and twenty eight  and made or exprefsed to be made between Richard Kirkland since deceased and Sarah his Wife of the one part and Richard Wilson since deceased of the other part. For the considerations therein mentioned The Cottage and parcels of Land hereinafter described and their appurtenances were appointed and demised respectively by the said Richard Kirkland and Sarah his Wife unto the said Richard Wilson his executors administrators and afsigns from the date thereof for the term of five hundred years by way of Mortgage for securing the principal sum of two hundred pounds and interest as therein mentioned and for the considerations aforesaid the said Richard Kirkland did bargain and sell unto the said Richard Wilson The Post Corn Wind Mill then and now standing upon on of the said pieces of Land with all the appurtenances and furniture thereto belonging to hold the same unto the said Richard Wilson his executors administrators and afsigns as his and their goods and chattels absolutely for better securing the said principal sum and interest And whereas the said Richard Wilson has since departed this life having first made and published his last Will and Testament in writing bearing date on or about the third day of November one thousand eight hundred and thirty seven and thereof appointed the said Robert Borwell, Joseph Keyworth and John Holland Wilson. Executors who duly proved the same in the Consistory Court of Lincoln on or about the fifteenth day of August one thousand eight hundred and thirty nine. And Whereas the said Richard Kirkland departed this life on the fourth day of September one thousand eight hundred and forty two leaving the said Sarah Kirkland him surviving having first made and duly published his last Will and Testament in writing duly executed and attested for pafsing real estates by devise and thereby gave and devised all his real estate to his said wife Sarah for her life as therein mentioned and appointed her sole executrix thereof who duly proved the same Will in the Consistory Court of Lincoln on the fourteenth day of December one thousand eight hundred and forty two. And whereas there is now due and owing on the said in part recited security the principal sum of two hundred pounds and no more all interest in respect thereof having been paid to the day of the date hereof and the said Robert Borwell Joseph Keyworth and John Holland Wilson having occasion for the said principal sum the said Sarah Kirkland has applied to and requested the said Walter Staveley to lend her the same which he has agreed to do on having such an afsignment of the said Security and the hereditaments and premises therein comprised as hereinafter is contained. Now this Indenture Witnesseth that in consideration of the sum of two hundred pounds sterling to the said Robert Borwell Joseph Keyworth and John Holland Wilson in hand now paid by the said Walter Staveley at the request and by the direction of the said Sarah Kirkland testified by her executing these presents the receipt whereof they the said Robert Borwell, Joseph Keyworth, and John Holland Wilson do hereby acknowledge. The the said Robert Borwell, Joseph Keyworth, and John Holland Wilson (by the direction of the said Sarah Kirkland testified as aforesaid) Do and each and every of them doth hereby sell afsign transfer and set over and the said Sarah Kirkland doth ratify and confirm unto the said Walter Staveley all that the said principal sum of two hundred pounds secured by the said in part recited Indenture of Mortgage and all the powers remedies and authorities by the said Indenture of Mortgage given for securing or enforcing payment of the same sum and interest and with power to sue for the same sum and interest and to give receipts for the same in the names of the said Robert Borwell, Joseph Keyworth and John Holland Wilson or their executors and administrators To have hold receive and take the said principal sum of two hundred and interest hereinbefore afsigned unto and by the said Walter Staveley his executors administrators and afsigns for his and their own absolute use for ever. And this Indenture also Witnesseth that for the considerations aforesaid also in consideration of ten shillings sterling to her the said Sarah Kirkland now paid by the said Walter Staveley they the said Robert Borwell, Joseph Keyworth and John Holland Wilson by the like direction of the said Sarah Kirkland testified as aforesaid. Do and each and every of them Doth bargain sell afsign transfer and set over and the said Sarah Kirkland doth hereby grant afsign and confirm unto the said Walter Staveley his executors administrators and afsigns ALL that new erected Cottage or Tenement situate standing and being in Mefsingham aforesaid late in the occupation of Mr. Capes and now in the tenure of Mrs. Johnson and John Wilmot. Also all that close piece or parcel of Land situate lying and being at Mefsingham aforesaid containing by estimation one acre and a half (be the same more or lefs) adjoining the said cottage (which said close piece or parcel of Land was formerly part of a four acre close) and is bounded by the remainder of the said four acre close and other Land formerly belonging to the said Richard Kirkland in right of his said Wife on or towards the east, by the High road on or towards the west by Land belonging to Thomas Rowbottom on or towards the north, and by Land belonging to the Vicar of Mefsingham on or towards the south.  And also all that piece or parcel of Land adjoining the before mentioned premises containing by estimation half an acre (be the same more or lefs) upon which the Mill hereinafter mentioned stands and which last mentioned piece of Land was devised to the said Richard Kirkland and Sarah his wife their heirs and afsigns by the Will of John Rowbottom deceased Father of the said Sarah Kirkland. Together with all and singular the houses outhouses buildings granary and stable ways watercourses easements hedges ditches trees fences rights members and appurtenances whatsoever to the same promises belonging or in anywise appertaining And the reversion and reversions remainder and remainders yearly and other rents ifsues and profits thereof and of every part thereof and all the estate right title interest use trust inheritance benefit property claim and demand whatsoever of them the said Robert Borwell, Joseph Keyworth, and John Holland Wilson and Sarah Kirkland respectively of in to or out of the said respective hereditaments and premises and every part and parcel thereof To have and to hold the said cottage or Tenement granary and stable pieces or parcels of Land and all other the hereditaments and premises hereinbefore described and hereby afsigned with their appurtenances unto the said Walter Staveley his executors administrators and afsigns from henceforth for and during all the residue and remainder of the said term of five hundred years in and by the said hereinbefore in part recited Indenture of the nineteenth day of August one thousand eight hundred and twenty eight granted and which is or may be now to come and unexpired freed and absolutely discharged of and from the said proviso or agreement for redemption of the said premises contained in the said in part recited Indenture but subject neverthelefs to the proviso or agreement for that purpose hereinafter contained. And this Indenture further Witnesseth that for the considerations aforesaid they the said Robert Borwell, Joseph Keyworth, and John Holland Wilson by the like direction of the said Sarah Kirkland testified as aforesaid. Do and each and every of them doth bargain sell afsign transfer and set over and the said Sarah Kirkland doth hereby bargain sell afsign and confirm unto the said Walter Staveley his executors administrators and afsigns All that Corn Post Wind Mill situate standing and being upon the said last mentioned piece or parcel of Land hereinbefore particularly described and intended to be hereby afsigned. Together with all and singular the Machinery utensils implements and appurtenances whatsoever to the said Post Wind Mill belonging or in anywise appertaining And all their and each and every of their estate right title interest benefit and property therein To have and to hold the same unto the said Walter Staveley his executors administrators and afsigns from henceforth as and for his and their own proper goods and chattles absolutely but subject neverthelefs to the proviso or agreement for redemption hereinafter contained. And each of them the said Robert Borwell, Joseph Keyworth, and John Holland Wilson for himself his executors and administrators doth hereby covenant with the said Walter Staveley his executors administrators and afsigns that they have not any time heretofore made done committed or executed or been parties to any act deed matter or thing whereby the said debt or sum of two hundred pounds is or can be released or whereby the said cottage or tenement land mill and hereditaments hereinbefore afsured or any part thereof are is can shall or may be in anywise impeached charged affected or incumbered in any manner howsoever. Provided always and it is hereby declared and agreed that if the devisees heirs executors administrators or afsigns of the said Richard Kirkland deceased or any of them shall pay unto the said Walter Staveley his executors administrators or afsigns the sum of two hundred pounds sterling with interest for the same after the rate of four pounds ten shillings per centum per annum on the eighth day of September now next ensuing without any deduction then and in such case the said Walter Staveley his heirs and afsigns shall thereupon at the request and costs of such devisees heirs executors administrators and afsigns reafsign surrender and reconvey unto them the said Cottage land mill and hereditaments for all the unexpired residue of the said term of five hundred years (free from all incumbrances to be created by the said Walter Staveley his executors administrators or afsigns in the meantime). And the said Sarah Kirkland hereby covenants with the said Walter Staveley his heirs executors administrators and afsigns that she the said Sarah Kirkland her heirs executors administrators and afsigns will pay or cause to be paid unto the said Walter Staveley his executors administrators or afsigns the said sum of two hundred pounds with interest for the same after the rate aforesaid at the time and in manner hereinbefore appointed for payment thereof and also that they the said Robert Borwell, Joseph Keyworth, and John Holland Wilson and Sarah Kirkland now have in themselves or some or one of them have or hath in himself herself or themselves good right by these presents to afsign convey and afsure the said Cottage land mill and hereditaments hereby afsigned or otherwise afsured with the appurtenances unto the said Walter Staveley his executors administrators and afsigns in manner aforesaid and also that in case default shall be made in payment of the said sum of two hundred pounds and interest at the time in manner hereinbefore appointed for payment thereof the same hereditaments and every part thereof shall and may be henceforth peaceably and quietly entered upon and held and enjoyed and the rents and profits thereof taken accordingly by the said Walter Staveley his executors administrators and afsigns for all the then residue of the said term of five hundred years without any eviction interruption or denial whatsoever from the said Sarah Kirkland her executors administrators or afsigns or any other person whomsoever. And that free and clear or by the said Sarah Kirkland her heirs executors or administrators kept indemnified from and against all former and other estates rights titles charges and incumbrances whatsoever. In Witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

Robt Borwell Joseph Keyworth

John H. Wilson

Sarah Kirkland (X her mark)

Note: In White's 1842 Directory Joseph Keyworth is listed as the Postmaster and victualler at the Ostrich Inn and Posting House Spital.

Also recorded on the reverse of the Indenture of Mortgage, on each of the three segments of parchment where the document was originally folded:

Signed sealed and delivered (being first duly stamped) by the within named Robert Borwell, Joseph Keyworth,  John Holland Wilson and Sarah Kirkland in the presence of S. Bellamy Solicitor Gainsborough

Received the either day of September one thousand eight hundred and fifty seven from the within named Sarah Kirkland the within mentioned principal sum of Two hundred pounds together with all interest due thereon.  Walter Staveley

Witness Robt Granshaw

Received on the day and year first within written of and from the within named Walter Staveley the sum of two hundred pounds being the consideration money within expressed to be paid by him to us.

Robert Borwell

Joseph Keyworth

John H. Wilson

Witness S. Bellamy

In addition to this document there is a blue receipt attached that reads as follows:

Gainsborough Sept 8th 1857

Received of Mrs. Kirkland Principle and Interest two hundred and four pounds ten shillings.

₤204"10-0

Walter Staveley

 

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