Description:

National Archives  C11/1132/8
Plaintiffs: Robert Clayton, gent, William Wadeley, gent and Thomas Barrow, gent of Hereford, Herefordshire.
Defendants: John Price and Ann Price his wife.
Document type: Bill only, 1720

Transcription by Arthur Price, reproduced with his kind permission

One page of clear legible text.

To the Right Honourable Thomas Lord Parker Baron of Marklesfield Lord High Chancellor of Great Britain.

Humbly complaining show unto your Lordship your orator Robert Clayton of the city of Hereford gent William Wadeley of the same gent and Thomas Barrow of the same city gent That John Price of the parish of Walterston in the county of Hereford gent and Anne his wife about the latter end of the month of March in the year of our Lord one thousand seven hundred and nine having occasion for money applied themselves to Thomas Carpenter the elder of Ellingtons Court in the county of Hereford gent and Thomas Carpenter the younger his son and Anne Carpenter his daughter and Bennett Delahay of Alterynnis in the said county gent to borrow the sum of one hundred pounds which was accordingly lent and for serving the same with interest they the said John Price and Anne his wife by their deed bearing date the five and twentieth day of March in the eighth year of the Reign of our late Sovereign Lady Queen Anne and in the year of our Lord one thousand seven hundred and nine  and by a fine by them duly levied in the Court of Common Pleas at Westminster in Easter Term next following in performance to the said deed did grant  and convey unto the said Thomas Carpenter the elder Thomas Carpenter the younger Anne Carpenter and Bennett Delahay all that messuage or tenement wherein the said John Price  and Anne his wife did then inhabite and dwell  with all and singular the outhouses gardens orchards  Lands woods watercources and appurtenances to the said messuage or tenement belonging all that parcel of ground called by the name of Cae Gollen  containing by estimation fourteen acres and one other close known by the name  of Cae dyth Law yr Tee containing by estimation nine acres one parcel of ground known by the name of Cae Mawr containing by estimation twenty acres one other close or parcel of ground called Cae yr hene Wilod computed at sixteen acres one other close known by the name of Cae Tee Hunt yr Hewle containing about seven acres one other close called Cae Bach containing by estimation four acres one other close or parcel of ground called Cae yr Perbren containing about nine acres and one other close or parcel of ground known by the name of Cae Bannal containing about ten acres one parcel of meadow ground known by the name of Gwrlod  ycha containing by estimation four days of math and one other parcel of meadow ground called Gwrlod  Issa containing three days math one close or parcel of Woodground called Cae Feeloe containing by estimation nine acres one parcel of ground adjoining on the west sid to a brook called Nant Cravell containing about two acres all which said premises are situate in the parish of Walterstone and county of Hereford And also all those several parcels of freehold land arable meadow pasture and woodground with the appurtenances then in the possession of Judith Charles Widdow mother of the said John Price and lyeing in the parish of Clodock in the said county of Hereford and all other the freehold  lands tenements and herediments of him the said John Price lyeing in the said several parishes of Walterstone and Clodock in the said county of Hereford To hold for the term of five hundred years subject to a proviso therein contained to the effect following that if the said John Price and Anne his wife their heirs executors or administators or either of them should pay to the said Thomas Carpenter the elder Thomas Carpenter the younger Anne Carpenter and Bennett Delahay  their heirs  executors or administrators the sum of five pounds upon the five and twentieth day of March which should be in a the year of our Lord one thousand seven hundred and ten and the principal sum of one hundred pounds with the interest thereof after the same manner at the end of three years that then the said term as to the said Thomas Carpenter the elder Thomas Carpenter the younger Anne Carpenter and Bennett Delahay should cease and the same should attend the Inheritance of the said premises as by the said deed and chyrograph of the said fine levied as aforesaid and now in your orators custody ready to be produced to this Honourable Court more fully may appear and to which your orators for more certainty refer themselves  and your orators further shew that the said John Price and Anne his wife did afterwards by their Indentures of Lease and Release bearing date the eigthteenth and nineteenth day of September in the year of our Lord one thousand seven hundred and thirteen the release being made by them the said John Price and Anne his wife of the first part John Clark vicar of Brinsop in the county of Hereford and James Clark of the city of Hereford gent of the second part the said Thomas Carpenter the elder Thomas Carpenter the younger Anne Carpenter and Bennett Delahay of the third part Camberlain Hordsof the said city gent and Charles Cook of the same gent of the last part in consideration of the sum of two hundred and twenty pounds to them the said John Price and Anne his wife or one of them well and truly paid by the said John Clarke and James Clarke they the said John Price and Anne his wife did grant release and convey unto the said John Clark and James Clark and their heirs the freehold and Inheritance of all and singular the said mortgages premises subject to a proviso of Redemption to be void upon the payment of the said two hundred and twety pounds with the lawful interest at a day therein mencond  and the said Thomas Carpenter the elder Thomas Carpenter the younger Anne Carpenter and Bennett Delahay did likewise in and by the said last menconed deed in consideration of one hundred and thirteen pounds and ten shillings by the said John Price and Anne his wife well and truly paid to the full satisfaction of all principal and interest due  upon the said first recited mortgage and of the further sum of five shillings by the said Camberlain Hords and Charles Cooke well and truly paid they the said Thomas Carpenter the elder Thomas Carpenter the younger Anne Carpenter and Bennett Delahay by the direction and appointment of of the said John Price and Anne his wife did grant assign  and transfer all and singular the said mortgages  premises unto the said Camberlain and James Clark and their heirs pursuant to the covenants in the said indenture of Release containing the chyrograph of which fine and the said indentures of Lease and Release  are ready to be produced and to which for more certainty your orators refer themselves and your orators further shew that the principal and interest not being paid to the said John Clark and James Clark according to the last mencond proviso whereby their estate became absolute they the said John Clarke and James Clarke did afterwards by their indentures of Lease and Release bearing date the ninth and tenth days of November in the year of our Lord one thousand seven hundred and sixteen for and in consideration of the sum of two hundred fifty eight pounds and two shillings then due upon the said mortgage and to them well and truly paid to them by William Else of Breinton in the said county of Hereford gent and at the instance and request of the said John Price and Anne his wife terifyed by their being made parties to the last mentioned indentures of Release and and in further consideration of the sum of eleven pounds and eighteen shillings by the said William Else well and truly paid to the said John Price they the said John Clarke and James Clarke  John Price and Anne his wife did grant release and confirm all and singular the said Camberlain Hords and Charles Cooke being made parties to the last mencond deed together with William Snead of Breinton aforesaid gent and John Hunt of the said city of Hereford Bookseller they the said Camberlain Hords and Charles Cooke by the direcon and appointment of the said John Clarke and James Clarke and John Price did thereby assign and transfer the said term of five hundred years of and in the said mortgaged premises unto the said William Snead and John Hunt their executors administrators and assigns for and during all the rest and residue thereof In trust to attend the Inheritance of the said premises and your orator further shew that by subsequent indentures of Lease and Release bearing date the nineteenth and twentieth days of December in the year of our Lord one thousand seven hundred and eighteen the Release being made between the said William Else of the first part the said William Snead and John Hunt of the second part your orator Robert Clayton  of the said city of Hereford gent  of the third part and your other orator William Wadeley of the said city and Thomas Barrow of the same gents of the fourth part He the said William Else for and in consideration of the sum of two hundred eighty three pounds and ten shillings of good and lawful money of Great Britain to him in hand well and truly paid by your orator Robert Clayton the same being then due upon the said mortgage did grant release and confirm all and singular the said several mortgaged premises with their and every of their appurtenances situate in the said several parishes of walterstonn and Clodock unto your orator Robert Clayton and his heirs and the said William Snead and John Hunt did likewise by the last mencond deed by the direcon of the said William Else grant assign and transfer all the rest and residue of the saifd term of five hundred years of and in the said mortgaged premises unto your orator William Wadeley and Thomas Barrow their executors administrators and assigns in trust for your orator Robert Clayton and to attend upon the inheritance of the said premises and to protect the same against [?] incumberances as in and by the said last mentioned indentures relacon being thereunto had and ready to be produced more fully may appear and your orator Robert Clayton well hoped that the said John Price would have long since paid up his said principal sum of two hundred eighty three pounds and ten shillings so advanced as a foresaid together with the interest thereof But now so it  may please your Lordship that the said John Price hath from time to time put oft your orator with frivolous pretences and hath in the interim suffered the buildings upon the said premises to become ruinous and out of repair so that the same are sunk so low in their value that tis a great question whether they will be worth your orators debt and interest which is wholly unpaid and in case your orator or his said trustees should enter upon the same he would be liable to an accompt for the profits thereof and must be at very great charges to repair the same which in regard of the remoteness of your said orator Robert Clayton from the place and the nature of the thing would be very inconvenient for you orator  and inconstant with his other affairs and your orators is given to understand that the said John Price hath made divers and sundry secret estates and incumbrances of the said mortgaged premises or some parts thereof to persons unknown to your orators and for that you orators have no means at Law to compel the said John Price and Anne his wife to release their equity of Redempcon to the said premises or to foreclose the same To the End thereof that the said John Price and Anne his wife may true and perfect answer make to all and singular the matters aforesaid and particularly  may set forth and discover whether they did not borrow and take up at interest of the said Thomas Carpenter the elder Thomas Carpenter the younger Anne Carpenter and Bennett Delahay John Clarke and James Clarke and William Else the several sums of money at the several times above mencond and in manner aforesaid and whether they did not make and execute the several assurances and conveyances above specified of and upon the several premises above mencond or what part thereof and whether the same are not now come to and legally vested in your orators as aforesaid and whether there was not the said sum of two hundred eighty three pounds and ten shillings really and truly due upon the said William Else’s mortgage at the time of his assignment thereof and paid by your orator as aforesaid and that the said John Price and Anne his wife may discover and set forth what other mortgages or estates the premises are subject to or chargeable with and may likewise set forth what deeds or writings which in any way concern the premises or any part thereof are in their or either of their custody or power or in the custody or power of any other person or persons to their use or with their or either of their privity or knowledge and that the said John Price and Anne his wife may be compelled to pay your orator Robert Clayton his said principal money with the interest and charges by some short time to be for that purpose prefixed by this Honourable Court or in default thereof that your orators William Wadeley and Thomas Barrow may have an absolute estate in the said term in trust for your orator Robert Clayton and that your orator Robert Clayton may have an absolute estate to himself and his heirs in the freehold and inheritance of the said mortgaged premises free from all power and Equity of Redemption of or by the said John Price and Anne his wife or either of them their heir or either of their heirs or assigns and that the said John Price and Anne his wife may deliver to your orators the deeds and writings which anyway concern the premises and that your orators may be relieved in all and singular the matters aforesaid according to Equity and good conscience  May it please your Lordship to grant unto your orators his Majtys most gracious writt of Subpena to be directed to the said John Price and Anne his wife thereby commanding them or either of them at a certain day and under a certain pain therein to be limited personally to be and appear before your Lordship in this Honourable Court then and there to answer also and singular the premises and further to stand to and abide such order and decree therein as to your Lordship shall seem most agreeable to Equity and your orator shall ever pray etc.

Observations:

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