Yeovil's Virtual Museum

1865 Indenture

Mortgage for three new houses in Huish

 

This Indenture made the ninth day of June one thousand eight hundred and sixty five Between Thomas Hodges of Yeovil in the County of Somerset Carpenter of the one part and Ann Pyne of Somerton in the said County Spinster of the other part Witnesseth that in consideration of the sum of Five hundred and fifty pounds Sterling this day lent and paid by the said Anne Pyne to the said Thomas Hodges the receipt of which the said Thomas Hodges hereby acknowledges and therefrom releases the said Anne Pyne his [sic] heirs executors administrators and assigns the said Thomas Hodges in exercise of every power enabling him in this be half doth by these presents a point and also grant convey and confirm unto the said Anne Pyne and her heirs All those three newly erected Messuages or Dwellinghouses situate in a place called Hewish in the parish of Yeovil aforesaid bounded on the North by a strip of land of Robert Tucker and which said premises contain frontage of forty two feet or thereabouts from East to West abutting on the road aforesaid and measure in depth from North to South Ninety Nine feet or thereabouts And all ways rights members and appurtenances to the said hereditaments and premises belonging or appertaining And all the Estate right title and Interest both legal and equitable of the said Thomas Hodges therein Together with all deeds and documents relating solely to the title of the said hereditaments and premises in the custody of the said Thomas Hodges or which he can obtain without suit To have and To hold the said Messuages or Dwellinghouses and all and singular other the hereditaments and premises hereby granted and conveyed with their appurtenances unto and to the use of the said Anne Pyne her heirs and assigns for ever Provided always that if the said Thomas Hodges his heirs executors administrators or assigns shall on the Twenty third day of October next pay unto the said Anne Pyne her executors administrators or assigns the sum of Two hundred and fifty pounds sterling together with interest for the same from the twenty third day of April last at the rate of Five pounds for every one hundred pounds by the year without deduction then the said Anne Pyne her heirs or assigns will at the request and costs of the said Thomas Hodges his heirs or assigns reconvey the said hereditaments and premises to the said Thomas Hodges his heirs or assigns free from all incumbrances occasioned by the said Anne Pyne her heirs executors administrators or assigns in the meantime Provided also that if of default shall be made in payment of the said sum of Two hundred and fifty pounds and Interest at the time and in manner hereinbefore appointed for payment thereof then and at any time thereafter it shall be lawful for the said Anne Pyne her heirs executors administrators or assigns to make sale and absolutely dispose of the said hereditaments and premises by Public Auction or Private contract and either together or in parcels and for such price as she or they shall think reasonable and with full power for her or them to enter into such contracts stipulations acts deeds and conveyances as she or they may deem necessary or expedient for the purpose of effecting such Sale or Sales and also with full power to give receipts for the purchase money which shall effectually exonerations the person or persons paying the same from all responsibility with respect to the application thereof or from inquiring into the necessity or expediency of any such Sale or Sales or whether any such defaults in payment has been made as aforesaid And it it is hereby declared that the said Anne Pyne her heirs executors administrators and assigns shall stand possessed of the monies arising from such Sale or Sales upon trust in the first place to defray all expenses incurred in respect of such sale or sales or in any wise incidental thereto on the Second place to retain the said principal sum of Two hundred and fifty pounds and Interest or so much thereof as shall then be due upon this present Mortgage Security and thirdly to pay over the surplus money (if any) to the said Thomas Hodges his heirs executors administrators or assigns Provided always that the said Anne Pyne her heirs executors administrators and assigns shall notwithstanding the power of Sale hereinbefore contained and concurrently therewith have all the rights and remedies by entry and foreclosure or otherwise of a mortgage in ordinary cases And the said Thomas Hodges doth hereby for himself his heirs executors and administrators Covenant with the said Anne Pyne her heirs executors administrators and assigns that he the said Thomas Hodges his heirs executors or administrators will on the Twenty third day of October next pay or cause to be paid unto the said Anne Pyne her executors administrators or assigns the sum of Two hundred and fifty pounds Sterling together with interest for the same at the rate of Five pounds for every one hundred pounds by the year without deduction Also that the said Thomas Hodges now hath in himself good right by these presents appoint grant and convey the said hereditaments and premises in manner aforesaid And that the same shall be held and enjoyed or accordingly without let or hindrance interruption or demand of or buy any person or persons whomsoever And that free from all incumbrances whatsoever And moreover that the said Thomas Hodges and all persons rightfully claiming any estate advantage legal or equitable in the said hereditaments and premises will from time to time and at all times during the continuation of this Mortgage Security at the request of the said Anne Pyne her heirs executors administrators or assigns but at the costs of the said Thomas Hodges his heirs or assigns [large space filled with ditto marks] enter into execute and perfect all such further assurances for the more perfectly or satisfactorily of seal ring and confirming of the said hereditaments and premises unto and to the use of the said Anne Pyne her heirs and assigns according to the true intent and meaning of these presents as she the said Anne Pyne her heirs executors administrators or assigns or her all their Counsel In the Law shall require And lastly that the said Thomas Hodges his heirs executors administrators or assigns will at his or their own costs during the continuance of this Security keep the said Messuages or Dwellinghouses and Buildings insured against loss by Fire in the sum of Two hundred pounds in the name or names of the said Anne Pyne her executors administrators or assigns in such respectable Insurance office as she or they shall from time to time appoint and deliver to her all their proper receipts for the premiums and duty in respect of such insurance within Six days after the same shall become due and that if the said Thomas Hodges his heirs executors administrators or assigns shall file so to do and the said Anne Pyne her executors administrators or assigns shall with her all their own money insure or keep insured the said Buildings in the sum aforesaid or any less sum then the said Thomas Hodges his heirs executors administrators or assigns will on demand repay to the said Anne Pyne her executors administrators or assigns the money expended by her or them on such insurance with Interest after the rate of Five pounds per centum per annum which money and interest shall be covered by this Security and the said Thomas Hodges hereby declares that such Insurance as aforesaid shall be considered as auxiliary to the Security hereinbefore made and the disposed of accordingly In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written

Signature and seal of Thomas Hodges

 

Transcribed by Bob Osborn

 

 

From my collection