Abstract of Title of Joseph LONGTHORNE 1813
Abstract of the Title of Mr Joseph Longthorne to a leasehold messuage
& land situate at Greygarth in Dallowgill in the Parish of Kirkby
Malzeard in the County of York
This Indenture made the thirteenth day of May in the fifty third year of the reign
of our Sovereign Lord George the third (1813c) by the grace of God in the
United Kingdom of Great Britain and Ireland, King, Defender of the Faith and
in the year of our Lord one thousand eight hundred and thirteen.
Between John Carling late of Dallowgill in the Parish of Kirkby Malzeard
in the County of York and now of the New Houses in the same Parish, Yeoman,
of the one part and Anthony Ashby of Dallowgill aforesaid, Yeoman, of the
other part. Whereas Sir Marmaduke Wivell of Constable Burton in the said
County of York, Knight and Baronet, by his Indenture sealed with his seal
bearing date the first day of February in the seventeenth year of the reign of
His Majesty King James the first (1621) for the consideration therein expressed
did demise grant set and to farm let unto William Brathwate of Sweton in the
County of York, Yeoman. All that one parcel of Ground parcels of the moors
and commons of Sweton aforesaid commonly called by the name or names
of the Noone Thorne Fouldesteads and Grey Greet Carr and one parcel of
g’d Borwaines lying on the South side of Grey Greet Carr spring or well and
abutting on the North side of Martyn Raynards entack and on the East side
of Christopher Metcalfe’s entack and so extending to the common or moor
lying between the High Grey Greet Carr and the Low Grey Greet and on the
West of Vincent Horsman’s ground containing by estimation twenty acres
or thereabouts was be it more or less as the same were limited and set forth
by mearstones metts marks and dowels to be improved inclosed and taken in
by the said William Brathwaite his executors administrators or assigns.
Together with all and singular woods and underwoods and trees standing
growing or to grow in and upon the premises and all ways paths springs
waters easements profits commodities hereditaments and appurtenants
whatsoever to the above demised premises or any of them or to any part or
parcel of them belonging or appertaining.
Together with the outmoors and commons of Sweton aforesaid to be
used and occupied to and with the premises and also heath and turbary from
time to time to be had and taken in and upon the outmoors and commons
aforesaid and to be used employed and expended in and upon the premises
and not elsewhere for one dwellinghouse or firehouse and other necessary
outhouses if any should be thereupon erected or built. Except and reserved
unto the said Sir Marmaduke Wivell his heirs and assigns all mines and
quarries of and within the premises with free ingress egress and regress into
and out of the premises and every part and parcel thereof to search dig and
sink pits for any mine or stone and to fetch lead and carry away the mine and
stone from time to time there to be farmed and gotten with draughts carts and
carriages or otherwise.
To hold the said premises with their appurtenances and every part and parcel
thereof except before excepted unto the said William Brathwate his executors administrators and assigns from the making of the said Indenture for and during
the term of nine hundred and fifty years from thence next and immediately
following fully to be complete and ended without impeachment of any manner
of waste. Yielding and paying therefore yearly and every year during the said
term unto the said Marmaduke Wivell his heirs and assigns the rent of sum of
forty shillings of lawful money of England at the Feast of Pentecost and Saint
Martin the Bishop in winter by even portions with divers other covenants therein
contained.
And whereas under and by virtue of several mesne assignments and acts in
the law and ultimately by an Indenture bearing date of the twenty ninth day of
January in the year of our Lord one thousand eight hundred and one made or
expressed to be made between William Barker of Middlesmoor in the Parish
of Kirkby Malzeard aforesaid Yeoman, of the first part, Mary Cass of Dalla Hall
in the same Parish, Spinster, of the second part and the said John Carling
of the third part, the messuage or dwellinghouse and outbuildings closes pieces
or parcels of land and hereditaments hereinafter particularly described and
expressed or intended to be hereby assigned with the appurtenances (being
parcel of the said hereditaments and premises comprized in the said recited
original Indenture or Demise) were for the considerations therein mentioned
assigned unto the said John Carling his executors administrators and assigns
from thenceforth for all the then rest residue and remainder of the said term of
nine hundred and fifty years or such other term or terms or number of years as
the said William Barker and Mary Cass or either of them had therein.
Subject nevertheless to an annual rent or sum of one pound one shilling and
three pence payable to the heirs and assns of William Aislabie late of Studley
Royal in the said County of York Esquire, deceased, and other the rents covenants provisoes declarations and agreements reserved mentioned and contained in
the said original lease or demise and which by the tenants or assignees of the
same premises were to be paid observed and performed.
And whereas the said Anthony Ashby hath lately contracted and agreed
with the said John Carling for the absolute purchase of all and singular the said hereditaments and premises with their appurtenances comprised in the said in
part recited Indenture of the twenty ninth day of January one thousand eight
hundred and one and thereby assigned unto him the said John Carling for all
the residue and remainder of the said term of nine hundred and fifty years therein
then yet to come and unexpired at or for the price or sum of six hundred and fifty
pounds.
Now this Indenture Witnesseth that for and in consideration of the sum of six hundred
and fifty pounds of lawful English money current in Great Britain to the said
John Carling in hand well and truly paid by the said Anthony Ashby at or
before the sealing and delivery of these presents the receipt whereof he the said
John Carling doth hereby acknowledge and thereof and therefrom and of and
from every part thereof doth acquit release and discharge the said Anthony Ashby
his executors administrators and assigns and every of them by these presents.
He the said John Carling Hath granted bargained sold aliened assigned
transferred and set over and by these presents Doth grant bargain sell alien
assign transfer and set over unto the said Anthony Ashby his executors
administrators and assigns. All that messuage cottage tenement or dwellinghouse
with the barns stables and outbuildings thereunto belonging and adjoining.
And also all those several closes pieces or parcels of land or ground now called or commonly known by the several names and containing by admeasurement the
respective quantities following, that is to say, The House Close two acres three
roods and thirteen perches, The Sheep House Close two acres and two roods,
The High Carr one acre three roods and thirty three perches, The Low Carr two
acres and four perches, The Stripe with the House and Fold three roods and thirty
perches and the Far Back Garth two roods and twenty six perches or by whatsoever
other name or names quantities or descriptions the said several premises now are
or have been called known or distinguished.
Also free way and passage to and from a certain well of water in a close belonging
to one John Lofthouse called the House Close to have and enjoy the benefit of
the water there for the house use. Also free privilege and liberty to place a ladder
or any other materials in the near Back Garth belonging to the said John Lofthouse
within two yards of the wall all along the house and barn for the purpose of repairing
or rebuilding the same. And also liberty for a door to open out of the said Barn into
the said Garth when winnowing corn. All which said hereditaments and premises
are situate standing lying and being at a place called Grey Greet otherwise
Grey Garth within the Parish of Kirkby Malzeard aforesaid and were lately
purchased by the said John Carling of the said William Barker in whose
possession the said premises lately were but are now in the tenure or occupation
of Martin Carling as tenant thereof under the said John Carling. Together
with all and singular outhouses buildings barns stables ways paths passages waters watercourses commons, commons of pasture, moor and turbary easements privileges hereditaments rights members and appurtenances whatsoever to the said premises belonging or in anywise appertaining. And the reversion and reversions remainder
and remainders yearly and other rents issues and profits thereof.
And all the estate right title interest use trust term and terms of years yet to come
and unexpired of him the said John Carling therein or thereto. And also all deeds evidences and writings whatsoever in his custody relating to the same premises.
To have and to hold the said messuage tenement or dwellinghouse closes lands hereditaments and all and singular other the premises above mentioned and
intended to be hereby assigned with the appurtenances unto the said
Anthony Ashby his executors administrators and assigns from henceforth for
and during all the now rest residue and remainder of the said term of nine hundred
and fifty years therein yet to come and unexpired and for and during all such other
term or terms or number of years as the said John Carling now hath therein or any
part or parts thereof.
And the said John Carling for himself his heirs executors and administrators doth covenant promise and declare with and to the said Anthony Ashby his executors administrators and assigns by these presents in manner following that is to say:
that as to for and concerning the said hereditaments and premises hereby or intended
to be hereby assigned the said original Indenture of Lease or demise is good valid
and effectual in the law for all the now residue of the said term of nine hundred and fifty years And that he the said John Carling at the time of executing these presents is and standeth seized and lawfully possessed of all and singular the said messuage
tenement or dwellinghouse close lands hereditaments and premises hereinbefore
mentioned and intended to be hereby assigned for all the now residue of the said
term of nine hundred and fifty years yet to come and unexpired.
And that he the said John Carling now hath at the time of executing these
presents good right full power and lawful and absolute authority to grant and assign
the same premises unto the said Anthony Ashby his executors administrators
and assigns in manner aforesaid. And further that it shall and may be lawfully to
and for the said Anthony Ashby his executors and administrators and assigns
at all times hereafter peaceably and quietly to enter into have hold use occupy
possess and enjoy all the same premises and receive and take the rents issues and
profits thereof to and for his and their own use and benefit for all the now residue
of the said term of nine hundred and fifty years without the lawful let suit trouble
molestation interruption or disturbance of the said John Carling or any other
person or persons whomsoever lawfully claiming or to claim by from or under him.
And that free and clear and freely and clearly acquitted exonerated and
discharged or otherwise by the said John Carling his heirs executors and
administrators well and effectually saved harmless and kept indemnified of from
and against all and all manner of former and other gifts grants assignments rents
charges encumbrances whatsoever (save and except an annual rent or sum of
one pound one shilling and three pence or thereabouts, being a proportion of the
said original reserved rent of forty shillings now payable to the heirs or assigns of
the said William Aislabie deceased who are entitled to the reversion and
inheritance of the same premises and other the rents covenants provisos
declarations and agreements reserved mentioned and contained in the said
original lease or demise and which by the tenants or assignees of the same
premises are to be paid observed and performed. And moreover that the said
John Carling his executors and administrators and all persons whomsoever
now or hereafter having or lawfully or equitably claiming any estate right title
or interest of in to or out of the said messuage tenement or dwellinghouse closes
lands hereditaments and premises hereby or intended to be hereby assigned
shall and will at all times hereafter during the now residue of the said term at
the request costs and charges in the law of the said Anthony Ashby his executors administrators or assigns make do and execute or cause and procure to be make
done and executed all such further and other lawful and reasonable acts deeds
conveyances and assurances in the law whatsoever for the further better more
perfectly and absolutely granting conveying and assuring the said premises unto
the said Anthony Ashby his executors administrators and assigns for all the
residue and remainder of the said term of nine hundred and fifty years which shall
be then to come and unexpired as by the said Anthony Ashby his executors
administrators or assigns or his or their counsel learned in the law shall be
reasonably advised or devised or required.
And lastly the said Anthony Ashby doth hereby for himself his heirs executors
and administrators covenant promise and agree to and with the said John Carling
his executor and administrators that he the said Anthony Ashby his executors
administrators and assigns shall and will at all times hereafter during the now
residue and remainder of the said term of nine hundred and fifty years pay perform
and observe fulfil and abide by the said yearly rent of one pound one shilling and
three pence and other the covenants provisoes declarations and agreements
reserved mentioned and contained in the said original lease or demise so far as
the same effect or regard the said hereditaments and premises hereby or intended
to be hereby assigned and which on the part and behalf of the lessees or assignees
thereof are or ought to be paid observed and performed.
And of and from the same and all and every breach or neglect of or in payment or performance thereof respectively shall and will save defend keep harmless and
indemnified the said John Carling his executors and administrators and his
and their lands and tenements goods and chattels.
In witness whereof the said parties to these presents have hereunto set their hands
and seals the day and year first before written.
John Carling
Anthony Ashby.
Signed sealed and delivered by the within named John Carling and Anthony Ashby
(being first duly stamped) in the presence of
Francis Walker (sworn)
Thos. D. Peacock.
A Memorial of the within written deed was registered at Wakefield the twenty first
day of June eighteen hundred and thirteen at nine in the forenoon in
Book F. 2. page 94 and number 114
Francis Dalton Dep’y Reg’r
Received on the day and year first within written of and from the within named
Anthony Ashby the sum of six hundred and fifty pounds of lawful English money
being the consideration money within mentioned to be paid by him to me.
I say received the same – £650 – John Carling
Witness Francis Walker.
Thos. D. Peacock.
The writing contained in this and the three preceding sheets of paper is a true copy
of the Deed or Document of which it purports to be a copy the same having been
examined with the original by us this tenth day of May in the year of our Lord
one thousand eight hundred and sixty one
Henry Calvert, Solicitor, Masham
Tim’y Calvert