Yeovil's Virtual Museum

1831 Indenture

Mortgage of Freehold Land and Assignment of Leasehold Land in the Manor of Hendford

 

This is an indenture for mortgage in my collection dated 29 December 1831, for a freehold parcel of land and hereditaments in the Manor of Hendford abutting the newly-built Brunswick Street, and a separate leasehold parcel to its immediate north.

The sale (click here) was from Peter Daniell to William Saint. In this indenture, Saint mortgaged both the freehold and leasehold parcels with Thomas Dampier. William Saint is recorded in the Yeovil Poll Books of both 1832 and 1834 by virtue of owning a freehold house (that he built on this parcel) in Brunswick Street.

 

 

Related indentures -

• Indenture dated 4 March 1825, for the sale of a parcel of land - click here

• Indenture dated 19 June 1919 for sale of Brunswick Villa - click here

 

 

This Indenture made the Twenty ninth day of December One thousand eight hundred and thirty one Between William Saint of Yeovil in the County of Somerset Yeoman of the one part and Thomas Dampier of the same place, Glove Manufacturer of the other part Witnesseth that for and in consideration of the sum of Two Hundred and Fifty-One pounds now justly do you and wing by the said William Saint unto the said Thomas Dampier upon a certain Promissory Note under the hand of the said William Saint bearing date the twenty-sixth day of July one thousand eight hundred and twenty-five and which the said William Saint doth hereby expressly acknowledge he the said Williams Saint doth direct limit and appoint and also grant bargain sell devise and confirm unto the said Thomas Dampier his Executors Administrators and Assigns All that plot or piece or parcel of land situate lying and being in Hendford within the parish of Yeovil aforesaid containing in length from North to South fifty-two feet or thereabouts and in width from East to West twenty-nine feet or thereabouts bounded on the East by land of Peter Daniell on the West by land of John Bide on the North by the leasehold plot of land hereinafter assigned and on the South by a New Road of the said Peter Daniell and is part and parcel of a certain Orchard called Court Close heretobefore in the possession of Thomas Sherry afterwards of Samuel Sherry after that of Elizabeth Sherry since of Roger Pople afterwards of Charles Parsons and late of Robert Dean Together with the Right of Way given and to granted to the said Williams Saint his heirs and assigns in through and over the said road unto the said Plot Piece or Parcel of Land hereby devised together also with the Dwellinghouse and Premises now lately erected by the said Williams Saint on the said Plot of Land and all Houses and Outhouses Ways Paths Passages Waters Watercourses Easements Profits Commodities Advantages Emoluments and appurtenances whatsoever to the said Hereditament  and Premises hereinafter appointed and devised belonging or appertaining and the Reversion and Reversions Remainder and Remainders Rents Issues and Profits thereof and all the estate right title interest use trust property possession claim and demand is whatsoever of him the said Williams Saint of in or to the same To have and to hold the said Hereditaments  hereby devised with their Appurtenances unto the said Thomas Dampier his Executors Administrators and Assigns henceforth for and during the Term of Two Thousand years to be computed from the day of the date hereof without impeachment for any manner of Waste Subject nevertheless to the proviso or agreement hereinafter contained for making void the same Term and this indenture also witnesseth that for the considerations aforesaid and for better securing unto the said Thomas Dampier the repayment of the said sum of Two Hundred and Fifty one Pounds and Interest he the said William Saint doth bargain sell assign transfer and sets over unto the said Thomas Dampier his Executors Administrators and Assigns All that Leasehold Plot Piece or Parcel of Land situate lying and being in Hendford aforesaid containing in length from North to South Forty three feet or thereabouts and in width from East to West Twenty nine feet or thereabouts bounded on the East by Land of the said Peter Daniell on the West by Land of Benjamin Rowsell on the North by the footpath from Addlewell and on the South by the said Freehold Plot of Land hereinafter devised together with all buildings and erections now lately erected thereon by the said Williams Saint and all Houses Outhouses Ways Paths Passages Waters Watercourses Easements Profits rights privileges advantages and Appurtenances whatsoever to the said Leasehold Plot Piece or Parcel of Land belonging or appertaining And all the Estate right title interest term and number of years now to come and unexpired property claim and demand whatsoever of him the said Williams Saint therein To have and to hold the said last mentioned Hereditaments  and Premises hereby assigned unto the said Thomas Dampier his Executors Administrators or Assigns here with for all the residue of a certain term of one thousand years now to come and unexpired therein (and which by a certain Indenture of Assignment dated the fourth day of March One Thousand eight hundred and Twenty five was assigned unto the said William Saint) and for all other the Estate Term and Interest of the said William Saint therein Provided always that if the said William Saint his Heirs Executors Administrators or Assigns shall pay unto the said Thomas Dampier his Executors Administrators or Assigns the sum of Two hundred and Fifty one pounds of lawful Money aforesaid with Interest for the same after the rate of Five Pounds per centum per annum on the Twenty ninth day of June next ensuing without any deduction or abatement whatsoever then and from thenceforth this present Indenture and the said Term of Two thousand years hereby created and the Assignment hereby made shall cease determine and be absolutely void But if the said Williams Saint his Heirs Executors Administrators or assigns shall not then pay unto the said Thomas Dampier his Executors Administrators and Assigns the said sum of Two hundred and fifty-one Pounds and Interest (of which now payment the production of these presents shall be conclusive Evidence) and the then it shall be lawful for the said Thomas Dampier his Executors Administrators and Assigns without any further concurrence of the said William Saint his Heirs Executors Administrators or Assigns to enter with possession of the said Hereditaments hereby devised and assigned and whether in or out of possession to make sale and absolutely dispose of the said Hereditaments and Premises hereby devised and assigned either by Public Auction or Private Contract with liberty to buy in the same at such Auction and resell the same either by Public Auction or Private Contract without being and answerable for any loss expenses or diminuation of price which shall be consequent thereupon in as much Money as can be reasonably obtained for the same, and to [word illegible] and assure the same when so sold unto the Purchaser or Purchasers thereof his her all their Executors Administrators and Assigns And it is hereby declared that the said Thomas Dampier his Executors Administrators and Assigns shall stand and be possessed of the Rents and Profits of the said Hereditaments  and Premises and the proceeds of the said Sale or Sales In Trust after deducting thereout all expenses attending such Sale or Sales or which shall be incurred in the obtaining possession or in the receipt of the Rents and receipts or for Taxes Repairs or Insurance of the said dwellinghouse and buildings to retain for himself and themselves respectively the said sum of Two Hundred and Fifty one Pounds and Interest and after payment thereof In Trust for the said William Saint his Executors Administrators and Assigns And it is hereby declared that the Receipts of the said Thomas Dampier his Executors Administrators and Assigns for the said Purchase Money Rents and Profits shall be good discharges for the same and that the person paying him or them any Monies and taking such Receipts shall not afterwards be required to see to the application of the monies therein expressed to be received nor be answerable for the misapplication of the same And the said William Saint doth hereby for himself his Heirs Executors and Administrators covenant with the said Thomas Dampier his executors administrators and assigns that he the said Williams Saint his Heirs Executors or Administrators shall and will well and truly pay unto the said Thomas Dampier his Executors Administrators and Assigns the said sum of Two hundred and fifty one Pounds and interest at the time and in the manner hereinbefore appointed for payment thereof And also that he the said Williams Saint now hath in himself good right to appoint and devise the said Hereditaments  first hereinbefore described and hereby devised and to assign the said Hereditaments  secondly hereinbefore described and hereby assigned with their and each of their Appurtenances unto the said Thomas Dampier as aforesaid according to the true intent and meaning of these presents And also that the said Hereditaments shall remain subject to the uses and trusts hereinbefore declared without any interruption by the said Williams Saint or any other person or persons whomsoever And that free and clear of and from all Estates Titles troubles lieus charges and encumbrances whatsoever And moreover that he the said William Saint and his Heirs Executors and Administrators and all other persons claiming any Estate or Interest in the Premises shall and will at all times hereafter during the continuance of the said term of Two thousand years so far as regards the said Hereditaments  first hereinbefore described and the said term of One thousand years so far as regards the said Leasehold Hereditaments  and this security, at the request of the said Thomas Dampier his Executors Administrators and Assigns but at the costs of the said William Saint his Heirs Executors and Administrators make execute and perfect all further assurances that may be necessary for the more perfectly and satisfactorily devising the said Hereditaments  first hereinbefore described for all the then residue of the said term of Two thousand years and four assigning the said Leasehold Hereditaments  secondly hereinbefore described for all the then residue of the said term of One thousand years, with their and each of their Appurtenances unto the said Thomas Dampier in the his Executors Administrators and Assigns according to the true intent and meaning of these presents, as by the said Thomas Dampier his Executors Administrators or Assigns or his or their Counsel in the Law shall be reasonably devised and tended to be executed And the said Thomas Dampier doth hereby for himself his Heirs Executors Administrators and Assigns covenant and agree with the said Williams Saint his Heirs Executors or Administrators that if the said Williams Saint his Heirs Executors or Administrators shall and will at all times during the continuance is of this present security at his and their sole expense in all things well and sufficiently repair and keep in good and substantial repair and condition the said Dwellinghouse and all and every other the Edifices and Buildings whatsoever erected and built and to be erected and built upon the said Hereditaments  and Premises hereby devised and assigned or any part thereof And also insure and keep insured in some Office for Insurance Buildings from Fire to be approved of by the said Thomas Dampier his Executors Administrators or Assigns all and singular the said Dwellinghouse and other the Edifices and Buildings aforesaid against loss or damage by Fire happening there to in the sum of Two Hundred and Fifty Pounds at the least and shall and do assign the Policy of Insurance and the full benefit thereof unto the said Thomas Dampier his Executors Administrators or Assigns Upon Trust for better securing unto him and them the repayment of the said Principal Sum of Two Hundred and Fifty one Pounds and interest hereby secured And further shall and to pay into and deposit in the Yeovil Savings Bank in the name of him the said Thomas Dampier the sum of Two Pounds quarterly during the continuance of this Security, to be paid and applied by the said Thomas Dampier his Executors Administrators and Assigns when and as often as the same shall amount to Fifty Pounds in part liquidation of the said Principal Sum of Two Hundred and Fifty one Pounds hereby secured, And shall regularly pay the Interest on the said Principal Sum of Two Hundred and Fifty one Pounds or such part thereof as may from time to time remain due and owing on this security half yearly on the Twenty ninth Day of June and the Twenty ninth Day of December in every year or within one calendar month next thereafter, then that he the said Thomas Dampier his Executors Administrators or Assigns will not call in or require payment of the said Principal Sum of Two Hundred and Fifty one Pounds, or such part thereof as may remain due after such liquidation as aforesaid until the exploration of Twelve years from the day of the date hereof, nor will he his Executors Administrators or Assigns Institute any proceedings to enforce the payment of the said Principal Sum or to obtain possession of the said Hereditaments and Premises or foreclose the equity of redemption thereof In Witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written

The mark of X William Saint        Thomas Dampier

 

Transcribed by Bob Osborn

 

 

From my collection

This is an enlargement of the sketch map that someone later drew on the bottom right corner of the 1825 indenture, indicating the location of both the freehold and leasehold plots referred to in the indenture.

Firstly, when the indenture refers to "All that plot piece or parcel of land situate lying and being in Hendford within the parish of Yeovil " it is referring to the Manor of Hendford, not the road of the same name. Looking at the sketch map, above, as oriented on the indenture, it is easy to assume that the road at the top is Hendford, the road.

However, regarding the freehold parcel, the indenture states "bounded on the East by land of the said Peter Daniell on the West by land of John Biss on the North by the said Leasehold plot of land hereinafter assigned and on the South by a New Road of the said Peter Daniell". The "New Road" of Peter Daniell was, in fact, his newly-constructed Brunswick Street. This, combined with his land being "to the East", it becomes apparent the the sketch map on the indenture is upside-down.

 

From my collection

With the map rotated, it becomes clear that the road at the bottom is Brunswick Street (with the arrow drawn on it) and the road looping round is Chant's Path / Addlewell Lane. When compared with the section of Edward Bullock Watts' map of 1831 below, it becomes clear that the "bounded on the East by land of the said Peter Daniell" confirms the proper orientation of the sketch.

 

A part of Edward Bullock Watts' map of 1806, showing  Addlewell Lane that would later become Chant's Path, joining Hendford at left, and before Brunswick Street was built. 

 

The section of Edward Bullock Watts' map of 1831, some six years after the indenture under discussion, showing in pink the location of the freehold parcel adjacent to Brunswick Street - the "New Road of the said Peter Daniell", with the leasehold parcel to its north. It also confirms "bounded on the East by land of the said Peter Daniell".

 

 

From my collection

 

The steps at right are the last remains of this end of Chant's Path, and to the right of the streetlight would have been Peter Daniell's land. The house in this photograph, therefore, was built on the eastern part of the freehold plot referred to in the indenture. It is likely that this is the house known to have been built on this plot by William Saint, called Brunswick Villa.

Aldondale Gardens, opposite, is the last remains of Addlewell Lane seen on both the 1806 and 1831 maps above.

Photographed in November 2023.