John FRYER. Requisitions on Title 1872
Mr John Fryer to the Marquis of Ripon. Requisitions on Title: Conditions of Sale:
and Agreement 27th June 1872
Transcribed by Sheila K. Douglas.
Requisitions on Title
Q1.The purchased premises are described in the Particulars as “Low Grey Garth”
the purchasers shall accept Estate containing 27 acres (more or less) but the
abstracted good read? of the title and by that Documents speak only of
“Little Grey Garth” and the “Rest of Greygarth Carr” – “Greygrete” – and
“Greygrete” – and the Quantities are variously put as being “-by Ancient
Estimation 16 acres” – “by Modern Computation 27 acres” - ???? from my
inclosure or and “by Estimation 26 Acres-“ whilst the Tithe Apportionment
seems to give 25A 2R 30P as the Quantity – How are these discrepancies to
be accounted for?
As the discrepancy ???? Deed between the “Ancient Estimation” and the
“Modern Computation” is no less than 11 Acres some Explanation should be given.
And if the difference arises from some Inclosures or Encroachments having been
made it shall be stated from where Moor or Land it was taken and when and by whom.
A1. We stipulated by the conditions they the Indenture of 23rd November 1818 as a
Deed the property contained by a then modern computation 27 acres ????
and it was assigned only? By Geo Cooper to Robert Fryer.
I am unable to say whether the difference encroachment.
Probably some land had been enclosed from the waste.
Q2. What (of any) are the “Manorial Rights and Reservations”, Lords, Chief,
Qui? Or other Bots? “and other incidents and liabilities “of Tenure, Land Tax,
Thithe “Rent, Charge and other Outgoings” and Rights of Way and Water
“and other Easements “and “Covenants, Agreements, and “liabilities as to party
Walls [ ! ] “Roads, Sewers and otherwise” and “existing Tenancy and Claims
“of the Tenant” referred to in Conditions ??? The Vendor should at least give
the best information and particulars which he has or can obtain as to these and
as to who is entitled to them.
A2. The Tithe Rent Charge is about 26/- the Land Rent is about 20/- and
The Land Tax about 17/6 per annum The Purchase drawn to be entitled to the fee,
& he ought to know best what are the incidents and liabilities of the term.
The rights of way and water &c are the usual ones affecting property of this description.
Q3. Is the Lease granting the Term of 950 Years in the Vendor’s Custody or Power,
and, if not where now is it or is it supposed to be?
Who was the Lessor and, who now represents him?
A3. The Lease is not in the Vendor’s possession and he does not know where it is.
It will be ascertained or referenced again to the abstract that Sir M Wyvill was the
Lessor the purchaser claims to represent him at this time.
Q4. Is the Will of Christopher Cooper (recited in the Abstracted Indenture of
23rd of November 1818), or Probate, or Copy of it in the Vendor’s Custody or Power?
If not, where is it or is it supposed to be?
A4. It is not, & the Vendor does not know where it is.
Q5. The Property comprised in this Recited Will (of Christopher Cooper)
is given to George Cooper “his Heirs Executors Administrators “and Assigns
for ever “or for all Testator’s Estate and Interest &c
It is true that in this abstracted Indenture (of the 23rd November 1818)
the Memorandum? is to the Purchaser his Executors &c for the residue of the
term of 950 Years but in the documents afterwards abstracted the property
is dealt with as freehold – Even if the Lease is not produced it should at least
be shewn whether the purchased premises are really of freehold or Leasehold
Tenure.
A5. The Vendor claims no more than a leasehold interest in the property as
shewn by the Deed of 23 Nov.1818.
If the property should turn ought to be freehold so much the better for the
purchaser. None of the Wills appear to have been made by a professional
conveyance & some indulgence ought to be shewn to amateurs who use legal
phrases without knowing their meaning.
Q6. Are the receipts or any other Evidence of Payment of the Annuity
and legacies mentioned in the recited Will of Christopher Cooper in the
Vendor’s Custody or power?
A6. No
Q7. As to the description of the property comprised in the abstracted
Indenture of the 23rd Nov 1818 and Subsequent Documents & Requirements.
The Parcels given in that Deed (as abstracted) are said to be “in several
“Inclosures and then called or known “by several Names and descriptions”
without giving any. Is this so in the Deed?
It seems somewhat vague and indefinite – even in a Dallaghill Tithe.
A7. If the Purchaser had compared the abstract with the Deed he would
have seen that the abstract is correct and also that this Dallaghill tithe
has apparently been investigated & the Assignment prepared by a Ripon Solicitor.
Q8. The gift and devise in Robert Fryer’s Will of 20th Dec 1833 to his
brother William Fryer is to him his heirs & Assigns for ever.
And The Gift and Bequest in Wm Fryer’s Will of 10th July 1851? To his
son John Fryer is to him His heirs &c for ever and the “fee simple” and
“Freehold” are referred to in more places than one. See also Requisition 5 and the enquiries therein.
Who now represents the Original Lessor?
A8. The purchaser ought to know that he claims to represent the Lessor.
Q9. The Devise in Robert Fryer’s Will to his Brother William Fryer is
made conditionally on the “due and regular payment” of the Legacies therein
given of £50, £50 and £20 (& interest) £50, £50 and £30 to the respective
Legatees therein mentioned.
And it should be shewn that These were “ duly and regularly paid”
A9 All there legacies except the one to Mary Metcalfe were payable 6 months
after the testator’s decease. He died before the 23 Dec 1839 and it may fairly be
presumed that the Legacies have been paid long ago & see the 10th condition of
sale. Mary Metcalfe appears to have been in existence when the testator made his
Will on the 20th Dec 1833 and it may fairly be presumed that this Legacy also
Has been paid.
Q10. Robert Fryer’s Will does not seem to have been registered at Wakefield.
A10. The Probate copy does not appear to have been so registered.
Q11. Proof must of course be finalised? of Payment of the Legacies &c under
William Fryer’s Will – and that all Succession Duties &c under that Will have been
duly accounted for and paid.
A11. The Receipts are noticed in the abstract & can be seen together with the
receipt for the Succession Duty.
Q12 See previous requisitions as to the Devise in this Will being to
John Fryer’s heirs &c for ever
A12 See previous answer
Q13 It is assumed that all the Abstracted and recited Documents
will be given up to the Purchaser.
What older or other Documents are there in the Custody or power of the Vendor?
And has he any plans or Terriers of the Property?
A13. The Indenture of the 23rd Nov 1818 will be given up.
None
No
Q14 Who can make a Statutory Declaration as to identity and Ownership in
accordance with the Tithe shewn – if such should be required.
A14. I will make enquiry I dare say Mr. Morton the Purchaser’s Agent will
know of some person.
Q15 Are there any Incumbrances or defects in Tithe not disclosed by the Abstract?
A15. Not to my knowledge
Q16. The Purchaser reserves to himself the right to make any further
Requisitions which may be found necessary on Replies to these or on comparison
of Deeds &c with the Abstract
A16. The present Requisitions have been delivered ten days later than according to the conditions they ought to have been and the Vendor cannot really entertain any more.
Henry Calvert, Vendor’s Sol
Masham 15 March 1873
Purchaser’s Solicitor
Ripon , March 1873
Conditions for Sale by auction by Mr John Lumley at the House of
Mr John Fryer the “Hope Inn” Laverton near Kirkby Malzeard in the County of
York on Thursday June 27th 1872 at 5 o’clock in the afternoon, of:
A very desirable and compact Estate called “Low Grey Garth” comprising a
Farm House and other requisite outbuildings and several closes or parcels of land containing 27 acres more or less and now in the occupation of Mr John Cundall as
yearly tenant thereof
Condition the First The highest bidder shall be the Purchaser and if any dispute
shall arise as to any bidding the property shall be put up at the last undisputed bidding
Second The biddings shall be regulated by the auctioneer and no bidding shall be retracted. The Vendor reserves the right to bid generally by himself or his Agent and to withdraw the property.
Third The Purchaser shall (if required) pay immediately after the sale into the
hands of the Vendor or his Agent a deposit of £10 per centum upon the amount and
in part of the purchase money and sign an agreement, to be prepared and completed
at the joint expense of the Vendor and Purchaser for payment of the remainder, and to complete the purchase on the day of ————— next at 12 o’clock at noon at the
Offices in Masham in the said County of the Vendor’s Solicitor and the purchaser shall
be entitled to the rents and profits of the property from that day all outgoings up to
that time payable by the Landlord being cleared by the Vendor. If from any cause
whatever the purchase shall not be completed at the time hereinbefore appointed the Purchaser shall (notwithstanding his purchase money shall have been lying
unproductive and he shall have given Notice of the fact to the Vendor) pay to the
Vendor interest after the rate of £5 per centum per annum on the residue of the
purchase money from that day until the completion of the purchase but without
prejudice to the rights of the Vendor under the last or any of these conditions.
Fourth The Vendor will deliver or transmit by post to the purchaser or his Solicitor
an abstract of his title to the property and will subject to these conditions deduce a
clear title to the same as leasehold for the residue of a term of 950 years which
commenced on or about the 1st day of February in the 17th year of the Reign of
King James the 1st (1620c)
Fifth The abstract will commence with an Indenture of Assignment dated the
23rd day of November 1818 and made between George Cooper of the one part
and Robert Fryer of the other part. ______________________________________________________
and the purchaser shall accept such Indenture as a good root of title and shall not call
for the production of, or make any objection in respect of the prior title whether
referred to in any abstracted document or not nor shall the Purchaser be entitled to
call for the production of the title of the Lessor or to investigate or make any objection
in respect of the same or to require the production of the original Lease or the mesne assignments or any of them nor require any other evidence of the covenants and
conditions (if any) contained in the Lease having been duly performed up to the
completion of the purchase than the receipt for the last payment of Rent (if any)
which shall have become due.
Sixth The description contained in the title deeds and other documents abstracted
shall be taken to comprise the property and no evidence of identity shall be required
beyond such as is afforded by the descriptions in the deeds and the Vendor shall not
be required to explain or reconcile any apparent differences or discrepancies in the
descriptions contained in the abstract and the particulars.
Seventh The property is sold and shall be taken by the Purchaser subject to all
(if any) to all manorial rights and reservations and to all Lord Chief, quit or other
rents and other incidents and liabilities of Tenure land tax, tithe rent charge, and
other outgoings and to all rights of way and water and other easements whatsoever
and to all covenants agreements and liabilities as to party walls roads sewers and
otherwise and also subject to any existing tenancy and to all claims of the tenant
whether the same shall be mentioned in the particulars or at the time of Sale or not.
Eighth Upon payment of the remainder of the purchase money at the time and
place before mentioned the Vendor and all other necessary parties (if any) shall make
and execute a proper assurance of the property to the purchaser such assurance as
well as all certificates attested official or other copies of or extracts from any records registers deeds wills and other documents, and all declarations and all other evidence
whatsoever which may be required by the Purchaser for the purpose of verifying the
abstract or for any other purpose to be prepared and obtained by and at the expense
of the Purchaser who shall also bear the expense of all searches, enquiries and
journeys for the above purposes or any of them.
Ninth All objections and requisitions in respect of the title or the abstract or
particulars or anything appearing therein respectively shall be stated in writing and
sent to the Vendor’s Solicitor within 14 days from the delivery of the abstract, and all objections and requisitions not sent within that time will be considered to be waived
and in this respect time shall be deemed to be of the essence of the contract.
If any objection or requisition shall be made within the time aforesaid which the
Vendor shall be unable, or shall not think fit to remove or comply with the Vendor
hall be at liberty (notwithstanding any intermediate negotiation on the subject of such objection or requisition or attempts to remove or comply with the same), by Notice in
writing to the Purchaser, to rescind the sale; in which case the Purchaser shall receive
back the deposit without interest, but shall have not claim on the Vendor for the
expense of investigating the title or other expense or for compensation.
Tenth All recitals and statements contained in any deed or other document
Dated 20 years or upwards prior to the day of sale shall be deemed conclusive
evidence of the facts and matters recited and stated therein or to be assumed or
implied therefrom and the Purchaser shall not require evidence of the payment of any Legacy or sum of money charged on the property by any will or other document and
which became payable more than 20 years prior to the day of sale nor shall the
Purchaser require the registration at Wakefield of any document dated more than
20 years prior to the day of sale.
Eleven If any mistake or omission shall be discovered in the description of
the property or any error whatever shall appear in the particulars (except as to the
quantity of land which shall be deemed to be correct and conclusive on both parties)
such mistake omission or error shall not vitiate or annul the sale but compensation
shall be made in respect thereof by the Vendor or Purchaser as the case may require
to be ascertained by two indifferent persons one to be named by then Vendor and
the other by the Purchaser and in case of their disagreement by an Umpire to be
chosen by such two persons, but if either party shall fail to name a referee for the
space of ten days after notice shall have been given to him by the other party so to
do then the referee named by such other party shall make a final decision alone.
Lastly If the Purchaser shall fail to comply with these conditions or any of them
his deposit money shall be forfeited to the Vendor who shall be at liberty and have
full power to resell the property either by public auction or private contract with or
without notice to the Purchaser at this sale and the deficiency (if any) on such
second sale together with all costs charges and expenses attending the same shall
immediately after such sale be made good by the defaulter at the present sale and
in case of non-payment of the same on demand the whole thereof shall be
recoverable by the Vendor as and for liquidated damages and it shall not be
necessary for the Vendor to tender a conveyance to the Purchaser so making
default, or the Vendor may enforce the performance of the contract or bring an
action for the non-performance thereof as he shall think proper, but if the Purchaser
cannot have a good title subject only to the special conditions aforesaid the
deposit money shall be returned and the contract shall become void but the
Purchaser shall have no claim on the Vendor for having entered into the contract
and not carrying it into effect.
Agreement referring to the foregoing particulars and conditions of Sale.
I, Henry Morton of Ripon in the County of York Gentleman, as agent
for the Marquess of Ripon, do hereby declare myself the Purchaser by private
contract of the premises described in the foregoing particulars at or for the price
or sum of one thousand one hundred and ten pounds subject to the foregoing
conditions of sale, (as far as the same relate to a sale by private contract) which
I agree to fulfil in all respects and
I, John Fryer of Grantley in the County of York, famer, the Vendor of the same
premises do hereby agree to accept the said Marquess of Ripon as purchaser
thereof accordingly and to fulfil the same conditions on my part. As witness our
hands this twenty seventh day of June 1872.
Signed by the said Henry Morton and John Fryer in
the presence of
Henry Morton 27 June 1872
as Agent for the Marquess of Ripon
John Fryer
Henry Calvert
Solicitor, Masham 27 June