A summary catalogue of such Shoreham deeds as have not
by Brenda and Geoffrey Copus.
Marked D in pencil - Timberden Farm.
Commences with conveyance of 4 June 1739 from William Skeggs of Shoreham, yeoman
to Francis Austen of Cliffords Inn, gentleman - 3 messuages and land called
Timberden field, Hall Woodbank, Great Hopperdens, Little Hopperdens, Knockfield,
Knockwood and Hallwood, altogether 134 acres in Shoreham.
Final deed is a lease for a year dated 27 July 1836, from Sir Walter George Stirling Bt. to Captain James Ryder Burton, RN - cottages and tenements and 7 parcels of land, part of Timberden Farm, called Thirty Acres, Eight Acres, Bullisfield, Barn Field, Upper Field, Middle Field and Lower Field.
Marked MB in pencil - Magpie Bottom.
A survey and map of Magpie Bottom, Shoreham belonging to Jno. Codd Esq., by R. Budgen, 1762. Fine cartouche and compass points, farm buildings shown in perspective, total area 19.3.20, but field names not given.
MBA1 is the Abstract of Title of Sir Walter Stirling to Magpie Bottom and 7
pieces of land. 16 pages, commences 1744, final deed quoted is dated 11 January
Confusingly, some deeds which relate to Magpie Bottom are among others for Sir Walter's extensive property in the series marked B - see B1, B2a, B5, B6, B15, B 16.
The earliest surviving deed, MBA, is the will of George Small of Shoreham, hoopshaver, dated 25 August 1744 and proved in the Court of the Deanery of Shoreham on 25 September 1744. Also included are the wills of Thomas Broomfield of Shoreham, yeoman, proved 1786, and of Henry Broomfield of Shoreham Hill, yeoman, proved in 1798.
Porters - a messuage and acre of land in Shoreham.
Releases of 1744, 1752 and 1753, Gouldstone, Burgis and Hunt families. Mortgage 1698, Thomas Gouldstone to George Petty of Otford, gentleman.
A house to the east of Shoreham Bridge.
Abstract of Title of Sir Walter George Stirling, Bt., 1825.
Duplicate Feet of fines, Stirling plaintiff and George and Mary Gilbert deforciants, Easter Term 6 George IV.
Conveyance, Mr. and Mrs. Gilbert to Stirling, 1825. Pinned together, letters to Sir Walter Stirling from William Round, with a copy of the will of William Brightling dated 1763.
This bundle also refers to property of which the deeds have been abstracted, and listed B1 to B24.
Abstract of Title of Sir Walter Stirling Bt. to a farm and lands called Dunstalls otherwise Shoreham Hill Farm.
A large collection, not listed in detail, commencing with an Indenture of 17
August 1701. Much solicitors' correspondence, 1827-28.
The will of George Saunders proved 1782, and of Captain James Ryder Burton dated 1827. Certificate of marriage of Walter Stirling and Susanna Goodenough, 1794, baptism of Walter George Stirling, 1802, and burial of Mary Glover at Eynsford, 1826.
Beeks lees near Steers Hill.
Release and conveyance, 1764, Robert Eve of Kemsing to John Holmden of Hever.
Abstracts by Brenda Copus of title deeds in series marked B 1 to B24.
Marked in pencil B1 -
Indenture dated 31 August 1804 between (i) John Glover of Eynsford yeoman and (ii) Sir Walter Stirling of Shoreham Bt.
In consideration of five shillings paid by Sir Walter, John Glover sells to
him his executors and assigns that messuage, tenement or cottage in 2 dwellings
wherein Jane Small and John Small formerly dwelt with the barns, yards, gardens
and orchards belonging, and a parcel of land called Cobble Croft, on part of
which the said messuage was formerly erected; also a croft called Pease Croft
on part of which a barn was formerly erected, containing in all 15 acres, now
in 5 pieces of which one is wood ground of 3½ acres, all in Shoreham
and formerly in the occupation of Mary Broomfield, now in that of John Glover;
All of which premises are conveyed to Sir Walter for one year at a peppercorn rent.
Signed and sealed Jno. Glover [seal – a man’s head]
Endorsed: Lease for a year Mr. Glover to Sir Walter Stirling sealed and delivered in the presence of Fredk. [? – possibly Richd.] Thompson, Thos. Hutchins.
Marked in pencil B1a -
Indenture dated 1 September 1804 between (i) John Glover of Eynsford yeoman and Mary his wife (ii) Susannah Smith of Chipstead in the parish of Chevening spr. and (iii) Sir Walter Stirling of Shoreham, Bt.
In consideration of six City of London Bonds, each for £100 and bearing interest at 5%, and also for five shillings, paid by Sir Walter to John Glover, John releases and conveys to Sir Walter -
All that messuage tenement or cottage in two dwellings wherein Jane Small and
John Small formerly dwelt, with barns, yards gardens and orchards thereto;
And all that Croft or parcel of land called Cobble Croft, on part of which the said tenement was formerly erected, and one croft called Pease Croft of 15 acres, on part of which a barn was formerly erected;
Which premises for some years past have been divided into 5 several parcels, one of which is now wood ground and contains 3½ acres.
The premises are all in Shoreham and were formerly in the occupation of Mary Broomfield, now in that of John Glover, and with all appurtenances are now conveyed to Sir Walter Stirling.
John Glover and his wife Mary declare and agree with the said Susannah Smith that they at the costs of Sir Walter Stirling some time before the end of Michaelmas Term next will acknowledge the conveyance by a Fine with proclamation etc. John Glover agrees with Susannah Smith that he has authority to convey etc.
Covenant that Sir Walter, his heirs and assigns may “peaceably and quietly” enter the premises and take the rents and profits without hindrance from John Glover and Ann [sic] his wife, and from time to time at Sir Walter’s expense may initiate further deeds, conveyances and assurances in the law
for further better more perfect and absolute conveyance of the said messuage.
Signed and sealed Jno. Glover, Mary Glover [seal – a man’s head]
Endorsed: Release, Mr. Glover to Sir Walter Stirling 1 Sep.1804.
Received from Sir Walter Stirling 6 City of London Bonds for £100 at 5% p.a. – nos. 55/6 dated 30 Nov. 1795, nos. 510/513 dated 24 Nov. 1795. The Bonds are the full consideration within mentioned for the absolute purchase of the premises within released.
Witnesses Fredk. [? Possibly Richd.] Thompson, Thos. Hutchins.
Marked in pencil B2a –
Indenture dated 24 July 1801 between (i) Mary Broomfield of Shoreham Hill widow, devisee for life and sole executrix of Henry Broomfield late of Shoreham Hill yeoman deceased, who was a devisee in fee and sole executor of Thomas Broomfield late of Shoreham Hill yeoman deceased, she also being releasee of Christopher Broomfield her son who is devisee in reversion after the death of Mary Broomfield named in the will of the said Henry Broomfield and (ii) John Glover of Austen Lodge, Eynsford yeoman.
In consideration of five shillings paid to her by John Glover, Mary conveys to him that messuage, tenement or cottage wherein Jane Small and John Small formerly dwelt with the barns, yards, gardens and orchards thereto, Coddle Croft on part of which a tenement or cottage was formerly erected and a croft or parcel of land called Pease croft, on part of which a barn was formerly erected – 15 acres in all, divided into 5 parcels, one of which is wood ground of 3½ acres, all in Shoreham and in the occupation of the said Mary Broomfield.
Sir Walter is to hold the messuage etc. for one year, paying a peppercorn rent. An Indenture of four parts is already prepared and intended to be executed between (i) the said Mary Broomfield (ii) Thomas Hooker (iii) John Glover and (iv) Thomas Hogsflesh.
X the mark and seal of Mary Broomfield [seal indistinct]
Endorsed: sealed and stamped in the presence of Ric. Crow, attorney, Wrotham, Kent. Mrs. Mary Broomfield to Mr. John Glover, lease for a year.
Marked in pencil B2 -
Indenture dated 25 July 1801 between (i) Mary Broomfield of Shoreham Hill, widow and devisee for life and sole executrix of Henry Broomfield late of Shoreham Hill etc. [as in B2a] (ii) Thomas Hooker of The Mote, Cowden yeoman and acting executor of Thomas Garnet Stoneham late of Chipstead in Chevening, gentleman, who was sole executor of John Stoneham late of Riverhead in Sevenoaks, common brewer, deceased (iii) John Glover [of Austen Lodge, Eynsford crossed out] and (iv) Thomas Hogsflesh of Otford yeoman.
By divers assignments a term of 1000 years was created by an Indenture tripartite of 16 June 1752 made between (i) John Small of Kemsing wheelwright (one of the two sons and coheirs in Gavelkind of George Small then late of Shoreham hoopshaver and Elizabeth his wife) (ii) Margaret Codd of Kemsing widow and (iii) George Cronk of Wrotham yeoman, concerning one moiety of the premises intended to be released, vested in the said Thomas Hooker as such acting executor.
Whereas John Glover agreed with Mary Broomfield (by Mr. Richard Crow her Attorney) for the purchase to him and his heirs of the messuage etc. whereof the moiety is a part for £250, the residue of the term of 1000 years is to be assigned to Thomas Hogsflesh In Trust for John Glover and his heirs in order to attend the inheritance and to protect it from all mesne incumbrances;
This Indenture witnesses that in consideration of £250 paid by John Glover by Mary Broomfield for the complete purchase of absolute Estate of Inheritance in fee simple of the messuage etc. she transfers all the said messuage etc. to him
Thomas Hooker has conveyed to Thomas Hogsflesh all the undivided moiety of the said messuage in the Indenture of 16 June 1752 and his right in the years to come and unexpired, In Trust for John Glover and his heirs, and the remainder of the term of 1000 years is to be disposed of by Thomas Hogsflesh as John Glover shall think fit. Thomas Hooker covenants with Thomas Hogsflesh that neither he nor John Stoneham or Thomas Garnet Stoneham deceased have caused any incumbrances.
Signed Mary X Broomfield, Thomas Hooker, Jno. Glover, T. Hogsflesh. All seal with the same seal, design indistinct.
Endorsed 25 July 1801 - Mrs. Broomfield and Mr. Hooker by her direction and at the nomination of Mr. Glover to the said Mr. Glover and Mrs. Hogsflesh his Trustee: release in fee of premises in Shoreham Kent with an agreement of a mortgage term In Trust to attend the Inheritance.
Received from John Glover £250
Mary X Broomfield; witness Rich. Crow. Sealed and delivered by the within named Mary Broomfield in the presence of Rich. Crow, Atty., Wrotham Kent. Sealed and delivered by all the other parties - Thos. Hutchins, Attorney, Sevenoaks.
Marked in pencil B3 -
Indenture dated 1 October 1744 between (i) Jane Gouldstone of Shoreham widow and (ii) William Gouldstone of West Peckham yeoman, her son
In consideration of five shillings paid to her, Jane grants to William all that part of a messuage or tenement called Porters wherein John Small formerly dwelt, and wherein John Richardson afterwards dwelt, with all edifices etc. and garden orchard and backside called the New Orchard containing one acre at Shoreham.
The premises are now occupied by Richard Packman and abut to another part of the messuage called Porters and to other the lands of Richard Rich towards the south and west and to lands formerly of Sir Thomas Norton kt. to the north and east “as the Meets and Bounds on every side thereof more Plainly set forth and Show” – together with all ways, ponds etc. Jane lets this to William for one year at the rent of one corn or grain of pepper.
Jane X Goldstone [sic] – seal indistinct.
Endorsed Lease for one year Mrs. Jane Gouldstone to Mr. William Gouldstone her son. Witnesses W X H the mark of William Hartrop, Geo. Foster.
Marked in pencil B4 -
Indenture dated 14 July 1835 between (i) Thomas Pryer of Eynsford gentleman and William Nash Round of no.1 Surrey Place, Old Kent Road, Surrey Esq. and (iii) James Espinasse of Bedford Row, St. Andrew Holborn, Esq.
Whereas James Luck is seized in fee of hereditaments hereinafter described by an Indenture of 25 June 1791 made between (i) James Luck and (ii) James Martin of Shoreham wheelwright, whereby James Luck sold to James Martin that part of a messuage or tenement called Porters wherein John Small formerly dwelt and wherein John Richardson afterwards dwelt, with the edifices etc., orchard and backside thereto called the New Orchard of one acre in Shoreham, formerly in the occupation of Thomas Gouldstone, afterwards of Richard Packham, since of Richard and Henry Packham, and then or late occupied by Thomas Smith, another part of the messuage called Porters and to the lands then or late of Richard Rich to the south and west, and to lands formerly of Sir Thomas Norton kt. to the north and south; to hold to James Martin for 500 years then next ensuing.
James Martin died about 4 April 1812, having made his will dated 28 September 1795 in which he appointed his wife Mary to be executrix. She proved the will in the PCC on about 22 May 1812, and by an Indenture of 21 June 1827 she assigned it to Boetius Symmachus Pryer of Park House, Eynsford gentleman for the residue of the term of 500 years.
In his lifetime Boetius Symmachus Pryer built another dwelling house in the orchard, and by his will dated 6 January 1834 he gave his brother Thomas Pryer these premises by the description of all those 2 messuages and tenements with the garden, orchard, meadow and appurtenances at Eastdown in Shoreham late occupied by John Smith but then undertenanted, and he appointed the said Sarah Pryer, Thomas Pryer and William Nash Round his executors, and on about 30 April 1834 the will was proved in the PCC by Thomas Pryer and William Nash Round, with power reserved to Sarah Pryer.
Thomas Pryer and William Nash Round have paid the debts of Boetius Symmachus Pryer and have assented to the bequest [of the premises] to Thomas Pryer, who now conveys to James Espinasse in consideration of £80 paid by him, and also in consideration of five shillings paid by James to Sarah Pryer and William Nash Round, they assign the premises to James Espinasse under the description of a messuage, tenements, yard, garden, orchard and backside called New Orchard of one acre at Eastdown in Shoreham, and all the premises assigned by the Indenture of 21 June 1827, all of which premises are now better known as all that messuage tenement or dwelling house adjoining to and forming part of a certain messuage or tenement belonging to James Espinasse Esq., now occupied by Richard Chalklen, formerly called Porters but now generally known by the name of Eastdown, which dwelling house abuts on the said messuage or tenement called Porters or Eastdown to the south, on lands formerly of Richard Rich but now of James Espinasse to the west, to the King’s Highway leading from Eastdown to Shoreham north and to a garden belonging to the said messuage called Porters and Eastdown, also belonging to James Espinasse to the east;
And also all that piece of land heretofore called New Orchard lying on the opposite side of the said Highway leading to Shoreham over against the said mentioned messuage and in which a messuage, tenement or cottage has sometime since been erected by Boetius Symmachus Pryer, and which consists partly of an orchard and meadow containing one acre one rood, and formerly abutted to the north and east on ---- formerly of Sir Thomas Norton kt. and afterwards of ------ Bowles Esq. but now abuts to the north on land belonging to John Painter Vincent Esq., to the north east on land belonging to James Ryder Burton Esq., to the east on other land belonging to John Painter Vincent Esq. and to the south and west on the said Highway, all in Shoreham, formerly in the occupation of Richard and Henry Packham, afterwards of Thomas Smith, late of John Smith and now untenanted. Covenants to produce documents and that the lands are unencumbered.
Signed [twice] Thos. Pryer – seal an eagle crowned; W.N. Round – seal indistinct; S. Payne – seal P.
Endorsed – 14 July 1835 Mr. Thos. Pryer and others to James Espinasse Esq. Assignment.
Received from James Espinasse £80 – witness [sic] Thos. Pryer [two different signatures]
Signed sealed etc. by Thos. Pryer, Wm. Nash Round and Sarah Pryer in the presence of Thos. Pryer 70 Aldermanbury.
Marked in pencil B5 –
This would appear to be a rough draft, using a previous lease altered to show the name of the lessee as Horace Watson, rather than Robert Jones of Mansion House St., City of London. The signatures have also been deleted, but to avoid confusion I have omitted the deleted words.
Indenture dated 30 October 1804 between (i) Sir Walter Stirling of Shoreham Bt. and (ii) Horace Watson late of Finchley, Middlesex, now of shoreham Esq.
Sir Walter lets to Horace Watson the messuage, gardens etc. and lands called [Pease – crossed out] Coble Croft on part of which the messuage was formerly erected, and lands called Pease Croft of 15 acres, lately occupied by John Glover, since by Robert Jones and now by the said Horace, and a piece of land of 17 acres adjoining the said messuage being part of a farm and lands called Dunstels formerly occupied by Robert Blandford, since by Robert Jones and now by the said Horace Watson. The lease is to run for 25 years at a rent of £45 per annum.
Endorsed – counterpart lease 30 Oct. 1894 Sir Walter Stirling Bt. to
Memo: it was agreed that Horace Watson should be at liberty to determine the demise at the end of the first fifteen years on giving 12 months notice to Sir Walter Stirling.
Marked in pencil B6 –
Indenture dated 11 January 1810 between (i) Sir Walter Stirling of Shoreham Bt. and (ii) Horace Watson late of Finchley, Middlesex but now of Shoreham Esq.
Lease from Sir Walter to Horace Watson of premises in document B5 [except that the farm’s name is given as Bunstells]. The lease is to run for 25 years from Michaelmas 1809 at a rent of £45 per annum payable in equal portions at Lady Day and Michaelmas. Farming covenants not taken in detail, but including that Horace “at every cutting of the hedge will carefully preserve all fruit trees and plant and graft young fruit trees in the place of any decayed.”
Walter Stirling – seal a coat of arms (indistinct) with supporters consisting of 2 horses Horace Watson – seal the same.
Endorsed – 11 Jan. 1810 Sir Walter Stirling Bt. to Horace Watson esq. – Lease for 25 years from Michaelmas 1809 of Magpie Bottom and a field part of Dunstalls’ Farm – Rent £45 per annum.
Memo: it was agreed that Horace Watson can determine the demise at the end
of the first 15 years.
Witnesses David Lewis, James Goose, servants to Sir Walter Stirling.
Marked in pencil B7 -
Indenture dated 12 July 1805 between (i) Sir Walter Stirling of Shoreham Bt. and (ii) Robert Jones of Mansion house Street in the City of London Esq. and Richard Frederick Thompson of Westerham gent.
In consideration of the yearly rent hereinafter mentioned, Sir Walter leases to Robert and to Richard Frederick all that messuage farmhouse and tenement called Dunstalls together with all appurtenances and all the lands belonging and held therewith with the exception of seventeen acres thereof lately let to the said Robert Jones, the remainder of which premises contain by estimation 300 acres more or less, in the parishes of Shoreham, Eynsford and Otford, formerly in the occupation of Thomas Broomfield, William Bond and Michael Wood, since of John Russell, afterwards of John Smith, then of Robert Blanford and now in the occupation of the said Robert Jones and Richard Frederick Thompson; and also those little cottages or tenements situate near to the farmhouse, with the yards and gardens thereto belonging, late in the occupation of John Russell and late of the said John Smith, together with all outbuildings etc..
Sir Walter and his assigns are to have free liberty of access for fowling, hunting, coursing and other sports, and to reserve to him all timber now standing on the premises.
The lease is to run from Michaelmas next for forty nine years and for the first fourteen years the annual rent is to be £300 payable quarterly at the usual Quarter Days in equal portions. For the second fourteen years the rent is to be £350 per annum, and for the last twenty one years of the lease.£400 per annum.
Covenant by the leaseholders to pay the rent and to lay out £960 and also use the materials of two houses in Shoreham, one of which is already pulled down and the other is about to be taken down, as far as the materials can be used in erecting additional buildings on the premises. Covenant to order or manage the premises in a good and husbandlike manner and keep the buildings in good repair.and shall yield them up in good order at the termination of the lease [further farming covenants, not taken].Sir Walter will allow rough timber to the tenants for necessary repairs
Signed Walter Stirling - seal, a coat of arms with supporters, too small to decipher: Robert Jones - seal initials RJ; R. Fredk. Thompson - seal unclear.
Endorsed - 12 July 1805: Sir walter Sitrling Bt. to Messrs. Jones and Thompson,
Lease commencing Sept. 29 1805
For 49 years
with Covenant for further term.
Marked in pencil B8 –
Bond dated 3 May 1763 – printed with details written in.
Michael Wood late of Shoreham, now of Otford is bound to Josias Thorpe of Leigh
next Tonbridge yeoman in £400 – witnesses Robt. Waring, Tho. Scoones.
Three undivided fourth parts of a messuage, farm house etc. called Dunstalls and lands belonging containing by estimation 300 acres in Shoreham, Eynsford and Otford formerly in the occupation of Edward Hills, afterwards of ---- Hayward, since of John Wood deceased, father of the said Michael Wood and now of Michael himself (one of which fourth parts came to Michael as one of the four sons and heirs in Gavelkind of the said John Wood deceased and two other parts were since purchased by him from Richard and Anthony Wood two of his brothers) are now secured by mortgage to Josias Sharpe for the payment of £300 and interest.
Signed M. Wood, witnesses as above.
Marked in pencil B8a -
25 July 1801: Release of legacies. George Broomfield of Foots Cray yeoman,
John Broomfield of Kingsdown yeoman and Elizabeth Broomfield of Kingsdown widow
(their mother) declare that Thomas Broomfield of Shoreham deceased by his will
and testament dated 15 November 1785 bequeathed all that messuage etc. and lands
in his own occupation in Shoreham, and all real and personal estate to his brother
Henry Broomfield of Shoreham husbandman and his heirs, subject to these legacies:
£50 to his brother Robert Broomfield of Romney Street
£50 to be divided equally among his two nephews the before-mentioned George and John Broomfield and Elizabeth Broomfield his niece, their sister
£50 to their mother the said Elizabeth Broomfield widow
£10 apiece to the children of his then late nephew Robert Broomfield, son of his late brother George Broomfield, at age 21.
He appointed his brother Henry Broomfield his executor, who proved the will in the PCC. In the course of administering the estate he paid the legacies of £50 each in full to his brother Robert; to George, and John the nephews, and to Elizabeth Broomfield the niece £10 each in part payment; to the children of Robert Broomfield he paid £10 each in full satisfaction.
Elizabeth Broomfield the niece died some time since and administration were granted to her brother George Broomfield by the PCC in December 1799, whereby he became entitled to the residue of his sister’s share.
Henry Broomfield died in March 1798 and in his will appointed Mary Broomfield of Shoreham Hill widow sole executrix, who has today paid to George, John and Elizabeth Broomfield (parties hereto) the residue of the legacies due to them under the will of Thomas Broomfield [payments detailed] which they hereby acknowledge.
George X Broomfield John X Broomfield Elizabeth X Broomfield
Seals – wafer.
Witnesses Jno. Alder, Attorney, Sevenoaks, Richd. Crow, Attorney, Wrotham.
Marked in pencil B9 –
Letter from Wm. Crowhurst, Well Hill, Shoreham to Admiral Rider Burton enclosing Post Office Order for £2 for two cottages and land.
Endorsed with receipt from Admiral Ryder Burton, 15 Park Square, 11 October
’75 for the half year rent for cottages and land.
Marked in pencil B 10 and B 11 -
Letters dated 9 and 17 April 1828 from [illegible] 1 Great Carter Lane, Drs. Commons regarding a payment by Mr. Groombridge of Shoreham.
Marked in pencil B12 –
Indenture dated 21 January 1750 between (i) William Gouldstone of West Peckham
yeoman and (ii) Thomas Hunt of Hadlow yeoman.
In consideration of £20, William grants to Thomas that part of a messuage or tenement called Porters where John Small formerly dwelt and then John Richardson with all edifices etc. and orchard and backside called the New Orchard of one acre in Shoreham, now occupied by ---------, abutting to another part of the messuage called Porters and to the lands of Richard Rich to the south and west and to lands formerly of Sir Thomas Norton kt. to north and east, for a term of 1000 years at a peppercorn rent on condition if William pay to thomas £21 [? – illegible, on fold of parchment] on 21 January following at his house in Hadlow then the sale shall cease.
William Gouldstone seal a bearded man’s head.
Endorsed – Received of Thomas Hunt £20 – Will: Gouldston [sic] witnesses Geo. Allchin, Thos. London [?]
Marked in pencil B13 –
Indenture dated 6 June 1829 between (i) George Wilmot of Shoreham paper manufacturer
and (ii) Richard Willis of Shoreham bricklayer.
By Indentures of lease and release dated 5/6 June between (i) John Bonham Carter Esq. (ii) Sir Walter Stirling (iii) William Groombridge (iv) John Collier (v) John Hodsoll (vi) Richard Willis (vii) Richard William Grave Morris and (viii) Thomas Shewen a freehold messuage, tenement and lands in Shoreham are sold by John Bonham Carter and Sir Walter Stirling to Richard Willis and his heirs, and whereas the title deeds etc. listed hereunder relate as well to the said property and to other copyhold lands and hereditaments lately purchased by George Wilmot of greater value, and the same are now in the custody of George Wilmot, it has been agreed tgat he should keep them and agree to produce them on demand. This deed witnesses that George Wilmot covenants to produce to Richard Willis, his Attornies etc. at reasonable request and allow copies etc. to be made at his or their expense.
1755 May 24 – attested copy of attested copy of Indenture between (i)
Michael Wood and (ii) Josias Thorpe.
1758 May 23 – Deed Poll under hand and seal of Samuel Rutter.
1758 May 25 – Indenture between (i) the said Samuel Rutter (ii) Robert Titchbourne and Elizabeth his wife, Frances Bell and Henry Joseph and Catherine his wife (iii) Michael Wood (iv) John Burgiss and (v) Anthony Wood and William Everest the younger.
1758 May 24/25 – Indentures of lease and release, the release between (i) the said Samuel Rutter, Robert Titchbourne and Elizabeth his wife, Frances Bell and Henry Joseph and Catherine his wife and (ii) the said Michael Wood.
1765 Feb. 5 – Indenture tripartite between (i) Josias Thorpe (ii) the said Michael Wood and Mary his wife (iii) Richard Thorpe (iv) Peter Blackman.
Hilary Term 5 George III – plain copy Indentures of fine wherein Peter Blackman was Plaintiff and Michael and Mary Wood Deforciants.
1769 Apr. 22 – Indenture between (i) the said Michael Wood and (ii) Eleanor Mortimer.
1776 Jan. 8 – Indenture between (i) the said Eleanor Mortimer (ii) the said Michael Wood and (iii) James Wooden.
1778 Nov. 6 – Indenture between (i) the said Richard Thorpe (ii) the said Michael Wood and (iii) James Collis.
1786 Sep. 2 – Deed Poll under the hands and seals of James Wooden and Michael Wood, endorsed on the said Indenture of 8 January 1776,
1786 Sep. 2 – Indenture endorsed on the said Indenture of 6 November 1786 between (i) the said James Collis (ii) the said Michael Wood (iii) the said [sic] Joseph Pickstone, John Hinton and Bernard Bedwell and (iv) Richard Staining.
1786 Sep. ½ - Indentures of lease and release, the release between (i) the said Michael Wood (ii) the said James Collis and (iii) the said Joseph Pickstone, John Hinton and Bernard Bedwell.
1796 Sep. 9 – Indenture between (i) the said Joseph Pickstone and Bernard Bedwell and (ii) Elizabeth Hinton.
1804 Mar. 6/7 – Indentures of lease and release, the release between (i) Joseph Pickstone gent. and Bernard Bedwell the elder grocer (ii) the said Joseph Pickstone, Bernard Bedwell the younger, grocer and Charles Blacke Esq. (iii) John Paul Rowe timber merchant and Elizabeth his wife (iv) Mary Freeman widow (v) John Wood yeoman and Mary Glover spr. (vii) Joseph Allingham, printer (viii) Richard Staning yeoman and John Staning yeoman (ix) William Everest gent. (x) William Ritchie Esq. (xi) Thomas Oldfield Esq. (xii) John Allen gent. (xiii) Robert Garrett gent. and (xiv) George Bell gent.
Signed – George Wilmot.
Endorsed – 6 June 1829 Deed of Covenant for production of Title Deeds, Mr. George Wilmot and Mr. Richard Willlis. Signed by George Wilmot – wotness James Frederick Parker, Lewisham.
Marked in pencil B 14 –
By an Indenture dated 5 June 1829 between (i) Richard Cutbert of Woolwich Esq.
and (ii) Richard Willis of Shoreham bricklayer.
By Indentures of 5/6 June 1829 between (i) John Bonham Carter Esq. (ii) Sir Walter Stirling (iii) William Groombridge (iv) John Collier (v) John Hodsoll (vi) the said Richard Willis (vii) Richard William Grave Morris and (viii) Thomas Shewen a freehold messuage in Shoreham was to be conveyed by John Bonham Carter to Richard Willis and his heirs. The said Richard Cutbert purchased lands of greater value but with common deeds which remain in his possession, and now covenants to produce them to Richard Willis on request.
1805 25/6 November – Indentures of lease and release, the release between
(i) William Ritchie (ii) Thomas Oldfield (iii) John Allen (iv) Robert Garrett
(v) George Bell (vi) George Ritchie, timber merchant (vii) William Ritchie the
younger, brewer (viii) Thomas Ritchie timber merchant and (ix) Samuel Ritchie
1806 3 / 4 November – Indentures of lease and release, the release between (i) the said George Ritchie (ii) the said William Ritchie (iii) the said Thomas Ritchie (iv) the said Samuel Ritchie (v) the said Sir Walter Stirling (vi) Richard Whitehouse Jennings gent. (vii) Thomas Francis Jennings gent. (viii) John Collier gent. and (ix) John Hodsoll gent.
1828 Feb. 21/22 – Indentures of lease and release, the release between (i) Sir Walter Stirling and (ii) the said John Bonham Carter.
Signed Richd. Cutbert.
Marked in pencil B 15 –
Indenture dated 16 January 1783 between (i) Jane Small of Shoreham, widow of
Thomas [sic] Small hoopshaver and John Small of Shoreham yeoman, only surviving
son and heir of Thomas Small and Ann his wife and (ii) Thomas Broomfield yeoman
In consideration of 5s. John and Jane Small convey to Thomas Broomfield all the two undivided moieties, making together the whole, of a messuage, tenement or cottage where John and Jane dwell, with 15 acres of land etc. also in their occupation. Lease for one year.
Jane Small John Small Ann Small
Endorsed Lease for one year Jane and John Small to Mr. Thos. Broomfield 16
Witnesses H. Goodyer, James Martin.
Marked in pencil B 16
Release of property in B 15 – Indenture dated 17 January 1783 between
parties in B15. In consideration of £210 paid by Thomas Broomfield, Jane
and John Small release to him two undivided moieties of a messuage, tenement
or cottage wherein Jane and John Small now dwell, with barns, gardens and orchards
and all the croft called Coddles Croft on part of which the said cottage was
erected, also a croft of land called Pease Croft on which a barn was formerly
built and 15 acres of land which has been divided into 5 crofts for some years,
one of which is woodground of 3½ acres, all occupied by John and Jane
Small, and all other lands etc. belonging.
John Small and Ann his wife covenant to levy a Fine [other covenants, not taken].
Jane X Small John Small Ann Small Thomas X Broomfield
Endorsed sealed in the present of H. Goodyer, Shoreham; James Martin.
Marked in pencil B 17 –
Indenture dated 5 October 1813 between (i) William Everest late of Otford,
now of Kingston, Surrey gentleman (ii) John Saxby of Hadlow gentleman (iii)
William Hales of Fenchurch Street, City of London, stationer and the said William
Everest, Trustees named and appointed in an Indenture of Settlement on the marriage
of Elizabeth Harriet Everest with Charles Hales of Bolt Court, Fleet St., City
of London upholsterer (iv) the said Charles Hales and Elizabeth his wife (v)
Richard Joseph of Little New St., Shoe Lane, City of London pewterer (vi) Sir
Walter Stirling Bt. of the Strand, Middlesex banker (vii) John Collier of Carey
Street, Lincolns Inn gentleman.
John Francis Everest Paxton formerly of the City of London gentleman deceased was in his lifetime seized of an Estate of Inheritance in fee simple in possession (subject to 2 several terms of 1000 years and 500 years) of the entirety of several pieces of arable, meadow, hops and woodland called Paxtons Land.
He died about 1766 and the property descended in 3 equal undivided shares to Elizabeth wife of Robert Tichborne Esq., Frances wife of Ephraim Bell and Catherine wife of Henry Joseph as coheiresses
By Indentures of Lease and Release dated 13/14 August 1777 between (i) Samuel Bell of St. Leonard Shoreditch brewer (only son of the said Ephraim Bell and Frances both then deceased), and Mary his wife (ii) the said Robert Tichborne of Otford Place near Sevenoaks Esq. and (iii) Stevens Totton of Spital Square, Middlesex gentleman, and a Fine which was levied, all that one third part of the premises belonging to Samuel Bell was conveyed to the said Robert Tichborne and Stevens Totten and their heirs, so that the said Robert was seized of the equity of the undivided one third part.
He made his will about 15 May 1786 by which he gave his wife Elizabeth Tichborne all his real and personal estate. She thereby came into possession of two thirds of the property and by her will dated 16 April 1788 she gave all her freehold messuage etc. and real estate to Samuel Margerum and his heirs etc. on trust to convey it to her 3 infant grandchildren, Elizabeth Everest (now wife of the said Charles Hales) Frances Everest and Robert Everest, if they should survive to age 21, to be shared equally as tenants in common, to them and their heirs for ever.
Elizabeth Tichborne made a Codicil on about 18 May 1790 and directed that James Hales (since deceased) should become a joint Trustee with Samuel Margerum. The three grandchildren all attained age 21 “long since” and thus became entitled to the two undivided thirds.
Richard Joseph as the only son and heir in Gavelkind of the said Henry Joseph and his wife Catherine was entitled to the other one third part.
By Indentures of Lease and Release dated 18/19 June 1788 between (i) the said Samuel Margerum (ii) Charles Hales and Elizabeth Harriet his wife (one of the grandchildren of Elizabeth Tichborne) and (iii) William Hales and the said William Everest, being the Settlement made after the marriage of Charles Hales with Elizabeth Harriet his now wife, marriage articles of 30 January 1795, under a decree from HM Court in Chancery;
One undivided moiety of the said third share of Elizabeth Harriet wife of Charles Hales in the said two equal undivided third parts, being together one ninth of the entirety was released to the use of William Hales and William Everest and their heirs etc. on Trust for the benefit of Elizabeth Harriet wife of Charles Hales and the issue of the said marriage. The Indenture contains a power enabling Trustees, during the lifetime of Elizabeth Harriet Hales with her written consent before 2 witnesses, to sell or exchange the messuage etc.
By Indentures of Lease and Release of 27/28 November 1798 between (i) the said Richard Joseph and Lucy his wife (ii) William Hales and William Everest (iii) the said Charles Hales and Elizabeth Harriet his wife and (iv) the said William Everest and John Saxby, the undivided one third part of the said Richard Josephs, and also the two undivided moieties of the said Elizabeth wife of Charles Hales of one third of the two other undivided one third parts were conveyed by John Saxby and his heirs etc. upon Trusts as the said William Everest should direct by writing with two witnesses or by his will, to the use of William Everest for life until directed, without waste etc., and after the Determination of that Estate to the use of John Saxby and his heirs for the lifetime of William Everest, in Trust for William’s only benefit, and after Determination to the use of William Everest and his heirs for ever.
Whereas it is apprehended that the sale of the said settled one half of the undivided one third in the 2 undivided half parts, being the share so limited by the said recited Settlement, in use for the benefit of Elizabeth Harriet Hales and her issue by Charles Hales, was a sale contrary to the Rules of the Courts of Equity, in consequence of the said William Everest being a Trustee of the same Settlement the purchase has been abandoned and the consideration money refunded and the said moiety so settled is considered still in settlement and sold accordingly.
Sir Walter Stirling has agreed to purchase the one third share of the late Richard Joseph and the one undivided moiety of one undivided one third part of Elizabeth Harriet Hales for a total of £1840, and also for the absolute purchase of the other moiety, the settled moiety of one undivided third, for £460.
It had been agreed that the £1840, the purchase price for the one third part late of Richard Joseph, and also the said one undivided moiety of one third of the two other one third parts to which William Everest is entitled in his own right shall be paid to him. The £460 for the unsettled moiety is to be paid to William Hales and William Everest as Trustees, for the benefit of Elizabeth Harriet Hales and her issue.
Sir Walter Stirling is now seized of several pieces or arable, meadow hop ground and woodland called Paxton Land, and in consideration of five shillings each paid by him to William Everest and John Saxby, John Saxby released to Sir Walter and William Everest –
the four one ninth parts of William Everest, being one third part late of Richard Joseph and the unsettled moiety of one third part late of Elizabeth Harriet Everest in the two undivided one third parts of Paxtons Land containing 34 acres by estimation but by Admeasure 41 acres in Shoreham, heretofore in the occupation of Thomas Waring, late of the said William Everest, and now of Sir Walter Stirling.
In consideration of £460 paid by Sir Walter to William Hales and William Everest for the settled moiety with the consent of Elizabeth Harriet Hales the Trustee limitations are revoked [etc.]
Covenants that there are no encumbrances and Sir Walter is to have free enjoyment etc.
Recital of an Indenture of 6 May 1737 between (i) Mary Paxton and (ii) Thomas Austen by which Mary sold to the said Francis [sic] Austen all those pieces of arable, meadow, hops and woodland and hereditaments, for 1000 years at a peppercorn rent, subject to a proviso for redemption as therein mentioned;
also an Indenture of 17 December 1737 between (i) Francis Austen (ii) John Fawkener and Mary his wife and (iii) Thomas Collison. John Fawkener had recently married Mary Paxton whereby they became entitled to the equity of redemption. For a consideration and by the direction of John and Mary Fawkener, the said Francis Austen sold all the premises etc. in the Indenture of 6 May 1737 to Thomas Collison, which John and Mary released to the said Thomas and his executors etc. for the residue of the term of 1000 years. John and Mary Fawkener sold Thomas Collison certain other hereditaments and premises to hold for the remainder of the term of 500 years, subject to proviso for redemption.
By virtue of several subsequent assignments and particularly by an Indenture of 17 May 1753 between (i) Deodatus Bye and Mary his wife and William Wilkins and Constance his wife (which said Mary and Constance were the administratrixes of the goods etc. of Thomas Collison left unadministered by John Collison, the Executor of the will of the said Thomas Collison) (ii) Susannah Barrett (iii) the said Francis Everest Paxton and (iv) Samuel Rutter all the aforesaid premises were assigned to the said Samuel Rutter his executors etc. for the residue of the terms of 1000 and 500 years, in Trust for the said Francis Everest Paxton and his heirs etc. and to attend the Freehold and Inheritance of the same premises.
The said Samuel Rutter died on 28 April 1761, and by his will dated ---- appointed the said Robert Tichborne and Henry Joseph Executors, and they proved the will in the PCC. Robert Tichborne died about October 1787 leaving Henry Joseph surviving, who died on 28 December 1792. By his will dated 5 October 1792 he appointed his son the said Richard Joseph sole executor, who proved the will in the PCC on 10 January 1793 and became the legal personal representative of Samuel Rutter.
Sir Walter Stirling had requested to have the said several terms of 1000 years and 500 years (so far as the same affects the undivided shares of the hereditaments, with appurtenances) assigned to the said John Collier in Trust to attend the inheritance of the same shares for himself and his heirs etc., and William Everest and William Hales have applied to and requested Richard Joseph to assign the same several terms accordingly. For the considerations aforesaid, and of 5s. paid to Richard Joseph by John Collier, Richard has assigned to John Collier and his executors etc. –
All and every and so many and such part, parts, shares and proportions of the said several pieces of land arable, meadow, hop and wood land and hereditaments for the residue of the terms of 1000 and 500 years, in Trust for Sir Walter Stirling and his heirs to attend and await reversion and inheritance. Richard Joseph covenants that he has made no changes and encumbrances thereon.
William Everest Wm. Hales Charles Hales Elizabeth Harriet Hales John Saxby Wm. Everest Richd. Joseph.
Mr. Wm. Everest and others and Sir Walter Stirling Bt. Appointment and Release
Received from Sir Walter Stirling £1840.0.0 – signed Wm. Everest
Witnesses Richard Crw, John Collier
Received from Sir Walter Stirling £460 – signed Wm. Hales, Wm.
Witnesses to signing by Wm. Everest – Richard Crow, John Collier
Witnesses to signing by Wm. Hales – J. Brown [?] E. Hales [?] – signatures faded.
Signed and sealed by Richard Joseph in the presence of John Collier, Wm. Hen. Marchant, clerks to Messrs. Jennings and Collier
Signed and delivered by Wm. Everest in the presence of Richrd Crow, John Collier.
Signed and delivered by John Saxby in the presence of Richard Crow, John Collier
Signed and delivered by Wm. Hales in the presence of J. Brown, E. Hales.
Marked in pencil B17A and B17B –
Indentures of 4 October 1813 being the lease for a year of the premises mentioned in B17 [further details available but these only repeat the main points in B17]
Marked in pencil B18 –
The will of George Luck of Borough Green, Wrotham, yeoman dated 15 January 1752.
To be buried at the discretion of my executrix.
I give to my wife Margaret Luck for life, then to my son Thomas Luck and his heirs, my new or lately erected messuage or tenement called by the Sign of “The Compasses” with garden etc. at Borough Green in Wrotham, now occupied by Henry Couchman, subject to the payment of £50 to my grand-daughter Sarah Couchman.
I also give to my wife for life, then to my son William and his heirs, my messuage with piece of ground usually let with it and now occupied by John Charman at Borough Green in Ightham.
I also give her for life, then to my son James and his heirs, my messuage and stable with a piece of garden ground usually let with it, now occupied by Richard Beal at Borough Green in Ightham.
I also give her for life, then to my son in law Henry Couchman and his heirs my two messuages with garden ground, one occupied by Mildred Smith widow, the other lately occupied by --- Lenham but now empty, at Borough Green in Ightham.
To my grand-daughter Sarah Couchman, daughter of the said Henry, £50 after my wife’s death, out of the messuage devised to my son Thomas.
I give to my sons John and James Luck £100 in trust to put out at interest, which is to be paid to my wife for life, then to my daughter in law Elizabeth Newman, now living with me, for life, and after my wife’s death and the death of Elizabeth Newman £50 from the £100 is to be given to my son James Luck, and £20 of it to William Luck, natural son of my son William Luck by Jane Streatfield. The remaining £30 is to be divided among all the children of my son John Luck and my son in law Henry Couchman who are living at the time both my wife and Elizabeth Newman are dead.
I give to my sons and Trustees John and James Luck £150 to put out at interest which is to be paid to my wife for life, and after her death £50 each of the principal is to be paid to my sons John and William and my son in law Henry Couchman and their respective heirs.
I give to my wife Margaret the unexpired lease or leases of the farm or farms I lately or now did use and hire under one Mary Miller widow, for her life, then to my son William Luck.
I give all residue to my wife Margaret for ever and appoint her executrix.
Witnesses Thos. Carter, Wm.Coppinger, Tho. Maddox.
“Extracted by Edward Rushworth Proctor at Doctors Commons.”
On separate paper attached – 15 June 1752 probate granted to Margaret Luck widow the relict and sole executrix.
Marked in pencil B19 –
Indenture dated 6 June 1829 between (i) Sir Walter Stirling, late of Shoreham
but now of Jermyn Street, Piccadilly, Bt. (ii) John Bonham Carter late of the
Middle Temple, London but now of Petersfield, Hants. Esq. (iii) William Groombridge
of Shoreham yeoman (iv) John Collier of Carey Street gentleman (v) John Hodsoll
of Haverstock Hill near Hampstead, Middlesex gentleman (vi) Richard Willis of
Shoreham bricklayer (vii) Richard William Grave Morris of Sevenoaks gentleman
and (viii) Thomas Shewen of Sevenoaks ironmonger.
By Indentures of lease and release of 3 and 4 November 1806, the release being made between (i) George Ritchie (ii) William Ritchie the younger (iii) Thomas Ritchie (iv) Samuel Ritchie (v) the said Sir Walter Stirling (vi) Richard Whitehouse Jennings (vii) Thomas Francis Jennings (viii) the said John Collier and (ix) the said John Hodsoll being a conveyance to the use of Sir Walter Stirling for life with remainder to the use of Richard W. Jennings and his heirs in Trust for the said Sir Walter Stirling for life, with remainder to the use of Sir Walter Stirling and his heirs for ever;
By Indentures of lease and release of 21 and 22 February 1828 between (i) Sir Walter Stirling and (ii) the said John Bonham Carter by which the messuages or tenements land and hereditaments therein mentioned and intended hereby to be released, were released to John Bonham Carter and his heirs on Trust for John Bonham Carter [etc]. Sir Walter would join in a cpnveyance if required to any purchaser’’ John Bonham Carter would stand and be possessed of and interested in any sums arising from any sales, and in the rents etc. until the premises were sold.
John Bonham Carter caused the property to be put up for auction at the Crown Inn Sevenoaks by Messrs. Driver on 8 Oct. last past  and William Groombridge having bid £230 for Lot 8 and so becoming the purchaser has agreed to relinquish it in favour of Richard Willis and has requested John Bonham Carter to convey it, and also Sir Walter Stirling to join in the conveyance.
This Indenture witnesses that in order to complete the sale, and in consideration of £230 paid to John Bonham Carter, and for 10s. each to Sir Walter Stirling and William Groombridge from Richard Willis … they have conveyed the messuage formerly in 2 tenements called The Eagle, bounded on north and east by a piece of land formerly of John Wood and afterwards of James Martin, on the south by Shoreham Street and on the west by a garden formerly belonging to and used with a messuage or tenement called the Kitchen and which has since been pulled down, in Shoreham near the Church gate there, with outhouses, edifices, buildings, yards and gardens adjoining and belonging (saving and excepting the little piece of land lately belonging to and lying on the north side of the messuage called the Eagle and containing 3 roods 20 perches, which said excepted piece was lately planted with hops and was late in the occupation of William Rounds and then late in the occupation of John Wood), the messuage called The Eagle being at present in lease to Richard Willis for 42 years from Michaelmas 1788 at £4.10s.0d. per annum;
also that piece of garden formerly belonging to and used with the said messuage called The Kitchen, north of Shoreham Street, bounded on the north by land formerly in the occupation of John Wood and after in that of James Martin, on the east by the said messuage etc. called The Eagle, on the south by Shoreham Street and on the west by land of Mrs. Barbara Beardsworth in Shoreham Street, now occupied by --- Squib, which said garden ground is now occupied by John Day;
all which messuage etc. by Indentures of lease and release of 6 and 7 March 1804 were sold by William Ritchie the elder to George Ritchie and his heirs, reserving liberty of ingress egress and regress, road way to and for the owners tenants and occupiers of land called Churchfield now or late occupied by James Willis, from and out of Shoreham street through the garden of Richard Willis into Churchfield [etc.]
Richard Willis is to hold the property to him and his heirs for ever. Sir Walter Stirling and John Bonham Carter are lawfully seized of an absolute estate of inheritance in fee simple in this without revocation [etc.].
By an Indenture of 5 February 1765 between (i) Josias Thorpe (ii) William Wood and Mary his wife (iii) Richard Thorpe and (iv) Peter Blackman the said messuage etc. was released to Richard Thorpe, his executors etc. for a term of 500 years and by an Indenture of 7 February 1729 between (i) Robert Harvey and Mary his wife (ii) John Watts and (iii) John Wells a term of 500 years was created of a moiety of the said messuage etc. By divers mesne assignments and ultimately by an Indenture of release dated 4 November 1806, the messuage comprised of 500 years and 500 years became vested in John Collier and John Hodsoll for the residue of the terms to attend the inheritance of the premises respectively.
It has been agreed that the premises should be respectively assigned, and Trustees appointed to be nominated by Richard Willis for the residue of the terms.
This Indenture witnesses that in consideration of 5s. paid by Richard William Grave Morris to John Collier he at the request of Sir Walter Stirling and on nomination of Richard Willis, sells to Richard William Grave Morris all such parts of the said messuage etc. comprised in the Indenture of 5 February 1765 and the term of 500 years thereby created, assigned to John Collier, for R.W.G. Morris and his executors etc. to hold. Covenant by John Collier that he has no encumbrances on the property.
In consideration of 5s. paid by Thomas Shewen to John Hodsoll he, at the request of Sir Walter Stirling and on the nomination of Richard Willis sold to Thomas Shewen, his executors etc. so many and such parts of the said messuage etc. as are in the Indenture of 7 February 1729 and the term of 500 years and assigned to John Hodsoll. Thomas Shewen is to hold the property for the residue of the term of 500 years on Trust [etc.]
John Hodsoll covenants with Thomas Shewen and with Richard Willis that there are no encumbrances, so that R.W.G. Morris and Thomas Shewen and heirs are to be possessed of the said hereditaments for the residue of the 500 and 500 years on Trust for Richard Willis and his heirs to attend the freehold reversion and inheritance as the same have been conveyed for the benefit of Richard Willis and his heirs, as aforesaid.
Walter Stirling Wm. Groombridge John Bonham Carter Jno. Hodsoll John Collier
Endorsed: Sir Walter Stirling Bt. and J.B. Carter Esq. to Mr. Richard Willis
and Trustees: release of premises and assignment of 2 several terms of 500 years
and 500 years in Trust to attend the inheritance.
Received £230 from Richard Willis – signed and sealed by Sir Walter Stirling, J. Bonham Carter and J. Collier
Witness Samuel Ware of Carey Street, Lincolns Inn
Witness Thos. Birch.
For abstracts of documents B20 to B23, see handwritten notes by Brenda Copus.
Marked in pencil B24 -
Indenture dated 1 October 1827 between (i) Sir Walter Stirling of the Strand, Middlesex Bt. and (ii) James Ryder Burton of Park Square Regents Park Middlesex, Captain RN.
In April 1826 the said Sir Walter treated with Alexander Baring Esq. for the sale to him of certain hereditaments in or near Shoreham for £12,600 but Sir Walter alleges no Contract for sale was ever entered into between them . Sir Walter has recently contracted with James Ryder Burton for the sale to him of part of the said property for £5,780 and the property has been conveyed by indentures of lease and release, the latter dated 19 September 1827 and made between (i) Sir Walter Stirling (ii) said James Ryder Burton and (iii) Abraham Wildey Robarts Esq.
The apportioned part of the purchase money which would have been paid by Alexander Baring had the contract between them been carried into effect is considered to be £5,280, and Alexander has insisted that a binding contract exists between them and that he is entitled to the performance thereof, and has given notice of such claim to Captain Burton, and of his intention to commence Court proceedings to compel a specific performance of the alleged Contract. By an Indenture of Mortgage dated 1 October 1827 between (i) Captain Burton (ii) Sir Walter Stirling and (iii) Arthur Thomas Upton it was recited that before the completion of the purchase by Captain Burton, it was agreed that Sir Walter would deposit £500 in the hands of Captain Burton, being the excess over and above the purchase money which it is considered would have been paid by Alexander Baring for the same hereditaments in the event of the treaty having been carried into effect, to be retained by Captain Burton for his own benefit in case Alexander Baring should succeed in compelling a specific performance of the alleged Contract. It was also agreed that Sir Walter should deposit in the hands of Captain Burton a further £150 to be applied by him in all costs etc. he might incur in proceedings against him by Alexander Baring. It was further agreed that if Alexander Baring should not initiate proceedings before 19 September 1828 the said sums totalling £650 should be repaid to Sir Walter with interest, and if Alexander should initiate proceedings before 29 September 1828 and fail then Captain Burton should repay the £500 and also such part of the £150 as was not applied for the purposes specified, and that in the meantime the said sums should be secured by a mortgage on the property, and Sir Walter did deposit the said £650 with Captain Burton
It is now witnessed that Captain Burton has now reconveyed the premises to Sir Walter to hold with a proviso for redemption [further detail, not taken].
It was agreed that Sir Walter should indemnify Captain Burton for any proceedings
which might be taken by Alexander Baring. A moiety of the hereditaments being
called Magpie Bottom and consisting of a cottage and 15 acres of land, was formerly
the property of Thomas Small, one of the coheirs in Gavelkind of George Small
formerly of Shoreham hoopshaver, and Sir Walter was unable to prove a title
to it to the satisfaction of Captain Burton
No evidence has been adduced as to the death of Ann Small the wife of John Small heretofore of Shoreham yeoman, who sold one moiety of the last-mentioned property to Thomas Broomfield in 1783, and it has been agreed that Sir Walter should indemnify Captain Burton against any claim in respect of dower of the said Ann Small. No surrender has been made of a lease dated 30 October 1804 between Sir Walter and Robert Jones, or of a lease dated 12 July 12 1805 between Sir Walter and Robert Jones and William Frederick Thompson, which affect the premise, and Sir Walter will also indemnify Captain Burton against any claims in respect of them
Sir Walter covenants with Captain Burton that if Alexander Baring shall bring any proceedings before 29 September 1828 and shall at any time hereafter obtain a decree for specific performance of the alleged contract, then it shall be lawful for Captain Burton to receive from Alexander Baring £5,280, part of the purchase money of £12,600.[further covenants, not taken].
Sir Walter covenants to reimburse Captain Burton should any proceedings be brought in regard to the moiety of property at Magpie Bottom.
Signed Walter Stirling - seal, a wafer only.
Endorsed - 1 October 1827. Sir Walter Stirling Bart. To James Ryder Burton Esq. - Deed of Covenant.