John FRYER. Requisitions on Title

Mr John Fryer to the Marquis of Ripon. Requisitions on Title: Conditions of Sale:
and Agreement
Transcribed by Sheila K. Douglas.

Requisitions on Title

Q1.The purchased premises are described in the Particulars as “Low Grey Garth”
the purchasers shall accept Estate containing 27 acres (more or less) but the
abstracted good read? of the title and by that Documents speak only of
“Little Grey Garth” and the “Rest of Greygarth Carr” – “Greygrete” – and
“Greygrete” – and the Quantities are variously put as being “-by Ancient
Estimation 16 acres” – “by Modern Computation 27 acres” - ???? from my
inclosure or and “by Estimation 26 Acres-“ whilst the Tithe Apportionment
seems to give 25A 2R 30P as the Quantity – How are these discrepancies to
be accounted for?
As the discrepancy ???? Deed between the “Ancient Estimation” and the
“Modern Computation” is no less than 11 Acres some Explanation should be given.
And if the difference arises from some Inclosures or Encroachments having been
made it shall be stated from where Moor or Land it was taken and when and by whom.
A1. We stipulated by the conditions they the Indenture of 23rd November 1818 as a
Deed the property contained by a then modern computation 27 acres ????
and it was assigned only? By Geo Cooper to Robert Fryer.
I am unable to say whether the difference encroachment.
Probably some land had been enclosed from the waste.

Q2. What (of any) are the “Manorial Rights and Reservations”, Lords, Chief,
Qui? Or other Bots? “and other incidents and liabilities “of Tenure, Land Tax,
Thithe “Rent, Charge and other Outgoings” and Rights of Way and Water
“and other Easements “and “Covenants, Agreements, and “liabilities as to party
Walls [ ! ] “Roads, Sewers and otherwise” and “existing Tenancy and Claims
“of the Tenant” referred to in Conditions ??? The Vendor should at least give
the best information and particulars which he has or can obtain as to these and
as to who is entitled to them.
A2. The Tithe Rent Charge is about 26/- the Land Rent is about 20/- and
The Land Tax about 17/6 per annum The Purchase drawn to be entitled to the fee,
& he ought to know best what are the incidents and liabilities of the term.
The rights of way and water &c are the usual ones affecting property of this description.

Q3. Is the Lease granting the Term of 950 Years in the Vendor’s Custody or Power,
and, if not where now is it or is it supposed to be?
Who was the Lessor and, who now represents him?
A3. The Lease is not in the Vendor’s possession and he does not know where it is.
It will be ascertained or referenced again to the abstract that Sir M Wyvill was the
Lessor the purchaser claims to represent him at this time.

Q4. Is the Will of Christopher Cooper (recited in the Abstracted Indenture of
23rd of November 1818), or Probate, or Copy of it in the Vendor’s Custody or Power?
If not, where is it or is it supposed to be?
A4. It is not, & the Vendor does not know where it is.

Q5. The Property comprised in this Recited Will (of Christopher Cooper)
is given to George Cooper “his Heirs Executors Administrators “and Assigns
for ever “or for all Testator’s Estate and Interest &c
It is true that in this abstracted Indenture (of the 23rd November 1818)
the Memorandum? is to the Purchaser his Executors &c for the residue of the
term of 950 Years but in the documents afterwards abstracted the property
is dealt with as freehold – Even if the Lease is not produced it should at least
be shewn whether the purchased premises are really of freehold or Leasehold
Tenure.
A5. The Vendor claims no more than a leasehold interest in the property as
shewn by the Deed of 23 Nov.1818.
If the property should turn ought to be freehold so much the better for the
purchaser. None of the Wills appear to have been made by a professional
conveyance & some indulgence ought to be shewn to amateurs who use legal
phrases without knowing their meaning.

Q6. Are the receipts or any other Evidence of Payment of the Annuity
and legacies mentioned in the recited Will of Christopher Cooper in the
Vendor’s Custody or power?
A6. No

Q7. As to the description of the property comprised in the abstracted
Indenture of the 23rd Nov 1818 and Subsequent Documents & Requirements.
The Parcels given in that Deed (as abstracted) are said to be “in several
“Inclosures and then called or known “by several Names and descriptions”
without giving any. Is this so in the Deed?
It seems somewhat vague and indefinite – even in a Dallaghill Tithe.
A7. If the Purchaser had compared the abstract with the Deed he would
have seen that the abstract is correct and also that this Dallaghill tithe
has apparently been investigated & the Assignment prepared by a Ripon Solicitor.

Q8. The gift and devise in Robert Fryer’s Will of 20th Dec 1833 to his
brother William Fryer is to him his heirs & Assigns for ever.
And The Gift and Bequest in Wm Fryer’s Will of 10th July 1851? To his
son John Fryer is to him His heirs &c for ever and the “fee simple” and “Freehold” are referred to in more places than one. See also Requisition 5 and the enquiries therein.
Who now represents the Original Lessor?
A8. The purchaser ought to know that he claims to represent the Lessor.

Q9. The Devise in Robert Fryer’s Will to his Brother William Fryer is
made conditionally on the “due and regular payment” of the Legacies therein
given of £50, £50 and £20 (& interest) £50, £50 and £30 to the respective
Legatees therein mentioned.
And it should be shewn that These were “ duly and regularly paid”
A9 All there legacies except the one to Mary Metcalfe were payable 6 months
after the testator’s decease. He died before the 23 Dec 1839 and it may fairly be
presumed that the Legacies have been paid long ago & see the 10th condition of
sale. Mary Metcalfe appears to have been in existence when the testator made his
Will on the 20th Dec 1833 and it may fairly be presumed that this Legacy also
Has been paid.

Q10. Robert Fryer’s Will does not seem to have been registered at Wakefield.
A10. The Probate copy does not appear to have been so registered.

Q11. Proof must of course be finalised? of Payment of the Legacies &c under
William Fryer’s Will – and that all Succession Duties &c under that Will have been
duly accounted for and paid.
A11. The Receipts are noticed in the abstract & can be seen together with the
receipt for the Succession Duty.

Q12 See previous requisitions as to the Devise in this Will being to
John Fryer’s heirs &c for ever
A12 See previous answer

Q13 It is assumed that all the Abstracted and recited Documents
will be given up to the Purchaser.
What older or other Documents are there in the Custody or power of the Vendor?
And has he any plans or Terriers of the Property?
A13. The Indenture of the 23rd Nov 1818 will be given up.
None
No

Q14 Who can make a Statutory Declaration as to identity and Ownership in
accordance with the Tithe shewn – if such should be required.
A14. I will make enquiry I dare say Mr. Morton the Purchaser’s Agent will
know of some person.

Q15 Are there any Incumbrances or defects in Tithe not disclosed by the Abstract?
A15. Not to my knowledge

Q16. The Purchaser reserves to himself the right to make any further
Requisitions which may be found necessary on Replies to these or on comparison
of Deeds &c with the Abstract
A16. The present Requisitions have been delivered ten days later than according to the conditions they ought to have been and the Vendor cannot really entertain any more.

Henry Calvert, Vendor’s Sol
Masham 15 March 1873
Purchaser’s Solicitor
Ripon , March 1873

Conditions for Sale by auction by Mr John Lumley at the House of
Mr John Fryer the “Hope Inn” Laverton near Kirkby Malzeard in the County of
York on Thursday June 27th 1872 at 5 o’clock in the afternoon, of:
A very desirable and compact Estate called “Low Grey Garth” comprising a
Farm House and other requisite outbuildings and several closes or parcels of land containing 27 acres more or less and now in the occupation of Mr John Cundall as
yearly tenant thereof

Condition the First The highest bidder shall be the Purchaser and if any dispute
shall arise as to any bidding the property shall be put up at the last undisputed bidding

Second The biddings shall be regulated by the auctioneer and no bidding shall be retracted. The Vendor reserves the right to bid generally by himself or his Agent and to withdraw the property.

Third The Purchaser shall (if required) pay immediately after the sale into the
hands of the Vendor or his Agent a deposit of £10 per centum upon the amount and
in part of the purchase money and sign an agreement, to be prepared and completed
at the joint expense of the Vendor and Purchaser for payment of the remainder, and to complete the purchase on the day of ————— next at 12 o’clock at noon at the
Offices in Masham in the said County of the Vendor’s Solicitor and the purchaser shall
be entitled to the rents and profits of the property from that day all outgoings up to
that time payable by the Landlord being cleared by the Vendor. If from any cause
whatever the purchase shall not be completed at the time hereinbefore appointed the Purchaser shall (notwithstanding his purchase money shall have been lying
unproductive and he shall have given Notice of the fact to the Vendor) pay to the
Vendor interest after the rate of £5 per centum per annum on the residue of the
purchase money from that day until the completion of the purchase but without
prejudice to the rights of the Vendor under the last or any of these conditions.

Fourth The Vendor will deliver or transmit by post to the purchaser or his Solicitor
an abstract of his title to the property and will subject to these conditions deduce a
clear title to the same as leasehold for the residue of a term of 950 years which
commenced on or about the 1st day of February in the 17th year of the Reign of
King James the 1st (1620c)

Fifth The abstract will commence with an Indenture of Assignment dated the
23rd day of November 1818 and made between George Cooper of the one part
and Robert Fryer of the other part. ______________________________________________________
and the purchaser shall accept such Indenture as a good root of title and shall not call
for the production of, or make any objection in respect of the prior title whether
referred to in any abstracted document or not nor shall the Purchaser be entitled to
call for the production of the title of the Lessor or to investigate or make any objection
in respect of the same or to require the production of the original Lease or the mesne assignments or any of them nor require any other evidence of the covenants and
conditions (if any) contained in the Lease having been duly performed up to the
completion of the purchase than the receipt for the last payment of Rent (if any)
which shall have become due.

Sixth The description contained in the title deeds and other documents abstracted
shall be taken to comprise the property and no evidence of identity shall be required
beyond such as is afforded by the descriptions in the deeds and the Vendor shall not
be required to explain or reconcile any apparent differences or discrepancies in the
descriptions contained in the abstract and the particulars.

Seventh The property is sold and shall be taken by the Purchaser subject to all
(if any) to all manorial rights and reservations and to all Lord Chief, quit or other
rents and other incidents and liabilities of Tenure land tax, tithe rent charge, and
other outgoings and to all rights of way and water and other easements whatsoever
and to all covenants agreements and liabilities as to party walls roads sewers and
otherwise and also subject to any existing tenancy and to all claims of the tenant
whether the same shall be mentioned in the particulars or at the time of Sale or not.

Eighth Upon payment of the remainder of the purchase money at the time and
place before mentioned the Vendor and all other necessary parties (if any) shall make
and execute a proper assurance of the property to the purchaser such assurance as
well as all certificates attested official or other copies of or extracts from any records registers deeds wills and other documents, and all declarations and all other evidence
whatsoever which may be required by the Purchaser for the purpose of verifying the
abstract or for any other purpose to be prepared and obtained by and at the expense
of the Purchaser who shall also bear the expense of all searches, enquiries and
journeys for the above purposes or any of them.

Ninth All objections and requisitions in respect of the title or the abstract or
particulars or anything appearing therein respectively shall be stated in writing and
sent to the Vendor’s Solicitor within 14 days from the delivery of the abstract, and all objections and requisitions not sent within that time will be considered to be waived
and in this respect time shall be deemed to be of the essence of the contract.
If any objection or requisition shall be made within the time aforesaid which the
Vendor shall be unable, or shall not think fit to remove or comply with the Vendor
hall be at liberty (notwithstanding any intermediate negotiation on the subject of such objection or requisition or attempts to remove or comply with the same), by Notice in
writing to the Purchaser, to rescind the sale; in which case the Purchaser shall receive
back the deposit without interest, but shall have not claim on the Vendor for the
expense of investigating the title or other expense or for compensation.

Tenth All recitals and statements contained in any deed or other document
Dated 20 years or upwards prior to the day of sale shall be deemed conclusive
evidence of the facts and matters recited and stated therein or to be assumed or
implied therefrom and the Purchaser shall not require evidence of the payment of any Legacy or sum of money charged on the property by any will or other document and
which became payable more than 20 years prior to the day of sale nor shall the
Purchaser require the registration at Wakefield of any document dated more than
20 years prior to the day of sale.

Eleven If any mistake or omission shall be discovered in the description of
the property or any error whatever shall appear in the particulars (except as to the
quantity of land which shall be deemed to be correct and conclusive on both parties)
such mistake omission or error shall not vitiate or annul the sale but compensation
shall be made in respect thereof by the Vendor or Purchaser as the case may require
to be ascertained by two indifferent persons one to be named by then Vendor and
the other by the Purchaser and in case of their disagreement by an Umpire to be
chosen by such two persons, but if either party shall fail to name a referee for the
space of ten days after notice shall have been given to him by the other party so to
do then the referee named by such other party shall make a final decision alone.

Lastly If the Purchaser shall fail to comply with these conditions or any of them
his deposit money shall be forfeited to the Vendor who shall be at liberty and have
full power to resell the property either by public auction or private contract with or
without notice to the Purchaser at this sale and the deficiency (if any) on such
second sale together with all costs charges and expenses attending the same shall
immediately after such sale be made good by the defaulter at the present sale and
in case of non-payment of the same on demand the whole thereof shall be
recoverable by the Vendor as and for liquidated damages and it shall not be
necessary for the Vendor to tender a conveyance to the Purchaser so making
default, or the Vendor may enforce the performance of the contract or bring an
action for the non-performance thereof as he shall think proper, but if the Purchaser
cannot have a good title subject only to the special conditions aforesaid the
deposit money shall be returned and the contract shall become void but the
Purchaser shall have no claim on the Vendor for having entered into the contract
and not carrying it into effect.

Agreement referring to the foregoing particulars and conditions of Sale.

I, Henry Morton of Ripon in the County of York Gentleman, as agent
for the Marquess of Ripon, do hereby declare myself the Purchaser by private
contract of the premises described in the foregoing particulars at or for the price
or sum of one thousand one hundred and ten pounds subject to the foregoing
conditions of sale, (as far as the same relate to a sale by private contract) which
I agree to fulfil in all respects and

I, John Fryer of Grantley in the County of York, famer, the Vendor of the same
premises do hereby agree to accept the said Marquess of Ripon as purchaser
thereof accordingly and to fulfil the same conditions on my part. As witness our
hands this twenty seventh day of June 1872.

Signed by the said Henry Morton and John Fryer in
the presence of
Henry Morton 27 June 1872
as Agent for the Marquess of Ripon
John Fryer
Henry Calvert
Solicitor, Masham 27 June

Mortgage; Leasehold for property at Greygarth, Dallowgill. 1870

Joseph Longthorne was married to Ann Ashby and her sister Margaret Ashby
was married to Edwin Wilson the schoolmaster at Dallowgill.
Ann and Margaret’s parents were Anthony and Ann who sold the land on
which the chapel was built in 1885 costing £263.

Mortgage; Leasehold for property at Greygarth, with Indenture of Henry Metcalf’s
executors. Plus an Assignment to Edwin and Margaret Wilson.
Both made with Joseph Longthorne in 1870
Transcribed by Sheila K Douglas

Dated 3rd June 1870
Mr Joseph Longthorne to Mr John Topham

Draft. Mortgage of Leasehold, messes land and heredits situate at Greygarth
in Dallowgill in the County of York for securing £400 and interest

Stamp £0 10s 0d
Followers £ 0 10s 0d
Memorial £0 2s 6d
Parchment £0 6s 0d
Total £ 1 8s 6d

This Indenture made the 3rd day of June in the year of our Lord 1870
Between Joseph Longthorne of Middlesmoor in the Parish of Kirkby Malzeard
in the County of York Farmer and Ann his wife of the 1st part Henry Calvert
of Masham in the said County, Gent of the 2nd part, the said Joseph Longthorne
of the 3rd part and John Topham of Pateley Bridge in the said County, Gent
of the 4th part.

Whereas by an Indenture made the 9th day of April 1862 between the said
Joseph Longthorne and Ann his wife of the one part and Henry Metcalf
now deceased of the 2nd part the leasehold messuages land & hereditaments firstly
hereinafter described and assigned were assigned unto the said Henry Metcalf
his heirs administrators & assigns for the residue of a certain term of 950 years
by way of mortgage and subject to redemption of payment to the said Henry Metcalf
his executors administrators or assigns of the sum of £150 and interest.

And whereas on the 12th day of Oct 1863 the said Joseph Longthorne repaid to
the said Henry Metcalf the said principal sum of £150 and all interest then due
thereon.

And whereas the said Henry Metcalf made his Will dated the 12th day of Dec 1863
whereby he appointed his wife Elizabeth Metcalf his Daughter Anne Grebby and
the said Henry Calvert executors & trustees thereof.

And whereas the said Henry Calvert died on the 9th day of April 1864 and his said
Will was proved by the said Elizabeth Metcalf and Henry Calvert in the Principal
Registry of her Majesty’s Court of Probate on the 23rd day of May 1864.

And whereas the said Elizabeth Metcalf died on the 25th day of July 1868.
And whereas the said Joseph Longthorne is possessed of the messuages land &
hereditaments severally hereinafter described for the residue of the said term of
950 years.

And whereas the said John Topham has at the request of the said Joseph
Longthorne and Ann his wife has agreed to lend them the sum of £400 on
having the repayment thereof with interest secured to him in manner hereinafter
expressed.

And whereas the said Henry Calvert as the surviving executor of the said
Henry Metcalf deceased has agreed to join in these presents in manner
hereinafter appearing.

Now this Indenture witnesseth that in consideration of the sum of £400 Sterling
to the said Joseph Longthorne and Ann his wife on or before their execution
of these presents paid by the said John Topham the receipt whereof they the
said Joseph Longthorne and Ann his wife do hereby acknowledge the said
Henry Calvert (at the request of by the direction of the said Joseph Longthorne
and Ann his wife testified by their executing these presents) Doth according to
his estate & interest in the premises hereby release and assign
And the said Joseph Longthorne and Ann his wife Do and each of them Doth
according to their several & respective estates & interests in the premises hereby
release assign & confirm unto the said John Topham his executors administrators
& assigns.

Firstly all and singular the messuage or dwellinghouse late in the occupation of
Widow Ann Ashby and now or late in the occupation of James Imeson
with a messuage or dwellinghouse late in the occupation of Henry Gill and since
in the occupation of John Cass Swales with a stable underneath the house
lately occupied by Jane Dallow together with two closes or parcels of land or
ground known by the names of Fore Close and High Car containing by estimation
4½ acres be the same more or less and now or late in the occupation of the said
James Imeson. All which said premises are situate at Greygreet otherwise
Greygarth in Dallowgill in the Parish of Kirkby Malzeard aforesaid and

Secondly all that messuage tenement or dwellinghouse with the yard and outbuildings thereto belonging late in the occupation of Christopher Lofthouse deceased
and now in the occupation of John Paley with a messuage or dwellinghouse
now or late in the occupation of Jane Dallow and two turfhouses And also all
those several closes pieces or parcels of land or ground called or commonly known
by the several names and containing by admeasurement the respective quantities
following that is to say
the Low Carr 2a & 4p the Hill Close one acre and the Low Sour 2 roods
And which last mentioned two closes have been heretofore called the Stripe and
Far Back Garth and all which said closes are now or were lately in the occupation of
Robert Ashby or by whatsoever other name or names quantities or descriptions
the said several premises are now or heretofore have been called known or
distinguished All which said premises are situate at Grey Greet otherwise
Grey Garth aforesaid

And all other the leasehold hereditaments (if any) of them the said
Joseph Longthorne and Ann his wife or either of them situate in Dallowgill
aforesaid Together with all barns & outhouses edifices buildings erections fixtures
hedges ditches fences commons wastes ways waters & rights of way and water watercourses liberties privileges easements advantages rights members &
appurtenances whatsoever to the said messuages land and hereditaments or any
of them belonging or in anywise appertaining And all the estate right title interest
term & term of years claim and demand whatsoever of the said Joseph Longthorne
and Ann his wife and Henry Calvert and every of them therein or thereto,
To have & to hold the said messuages or dwellinghouses & other buildings closes
or parcels or land or ground & all other the hereditaments & premises hereinbefore described & expressed to be hereby assigned unto the said John Topham his
executors administrators & assigns for the residue now unexpired of the said term
of 950 years which was created by and commenced from the date of an Indenture of
Lease made the 1st day of Feb in the 17th year of the reign of His late Majesty
King James the 1st (1620c) and for and during all other the estate term and interest
of the said Joseph Longthorne and Ann his wife and Henry Calvert and every
of them therein at a proportionate part of the Rent reserved by the said Indenture of
Lease and subject to the covenants and conditions in the same Indenture contained
& which henceforth on the part of the Lessee his executors administrators or assigns
ought to be observed & performed so far as the same relate to the premises
expressed to be hereby assigned

And subject as to the said premises late in the occupation of Henry Gill &
Jane Dallow to the life estate of Ann Ashby therein and as to all the said
premises to two several annuities of £3 & 7/- and £3 & 7/- to the said Ann Ashby
during her life.

And also subject to the proviso or agreement for redemption & other Provisoes
Declarations & agreements hereinafter conformed. But freed and discharged from the
said mortgage debt of £150 and all interest for the same and all claims & demands on account thereof. Provided always and it is hereby agreed and declared between &
by the said Joseph Longthorne & Ann his wife & John Topham that if the said
Joseph Longthorne his executors administrators or assigns shall and do on the
11th day of October next ensuing pay or cause to be paid unto the said
John Topham his executors administrators or assingns the sum of £400 sterling
with interest for the same in the meantime after the rate of £4 &10 per centum
per annum without deduction then at any time thereafter the said John Topham
his executors administrators or assigns shall & will at the request and costs of the said
Joseph Longthorne his executors or assigns reassign the said hereditaments &
premises with their appurtenances unto the said Joseph Longthorne his executors
administrators & assigns or as he or they shall direct for and during all the then
residue and remainder of the said term of 950 years free from all incumbrances to
be made or created by the said John Topham his executors administrators or
assigns in the meantime

And it is hereby Provided and declared that if default shall be made in payment of
he said sum of £400 or the interest thereon or any part thereof respectively on the
said 11th day of October next it shall be lawful for the said John Topham his
executors administrators or assigns at any time or times after such default on giving
to the said Joseph Longthorne his executors administrators or assigns 6 months
previous notice in writing of his or their intentions so to do without any further
consent on the part of the said Joseph Longthorne and Ann his wife or either
of them their or either of their executors administrators or assigns to make sale of
the said messuages land hereditaments & premises hereinbefore expressed to be
assigned or any part or parts thereof either together or in lots & either by public
auction or private contract with full power upon any such sale to make any
stipulations as to title or evidence of title or otherwise which the said John Topham
his executors administrators or assigns shall deem proper & also with full power
to buy in or rescind any contract for the sale of the said hereditaments & premises
or any part thereof & to resell the same without being responsible for any loss which
may be occasioned thereby & for the purpose aforesaid or any of them to make and
execute all such agreements & assurances as he or they shall think fit

And it is hereby also agreed & declared that the receipt or receipts in writing of the
said John Topham his executors administrators or assigns for the purchase money
for the premises sold shall be an effectual discharge or effectual discharges to the
purchaser or purchasers for the money therein respectively expressed to be received

And that such purchaser or purchasers shall not be concerned to see to the
application of his her or their purchase money or be answerable for any loss
misapplication or nonapplication thereof nor shall any such purchaser be obliged
to enquire or take notice whether any such default has been made or notice given as aforesaid or otherwise into the validity propriety or expediency of any sale

And it is hereby further agreed and declared that the said John Topham his
executors administrators & assigns shall hold the monies which shall arise from
any sale made in pursuance of the aforesaid power upon trust in the first place to
reimburse himself or themselves to pay & discharge all the costs charges & expenses incurred in or about such sale or otherwise in the respect of the premises

And in the next place to apply such monies in or towards satisfaction of all & singular
the monies for the time being owing on the security of these presents and then to pay
the surplus (if any) of the said monies unto the said Joseph Longthorne his
executors administrators or assigns

And the said Joseph Longthorne doth hereby for himself his heirs executors &
administrators covenant & agree with the said Jno Topham his executors
administrators & assigns that he the said Joseph Longthorne his heirs executors
or administrators shall & will pay or cause to be paid to the said Jno Topham his
executors administrators or assigns the said sum of £400 with interest for the same
after the rate of £4 & 10/- per centum per annum on the 11th day of October next
without deduction.

And if the said sum of £400 shall not be paid on the 11th day of October next then
shall & will by equal half yearly payments on the 6th day of April & the 11th day of
October in every year pay unto the said Jno Topham his executors administrators
or assigns interest after the rate aforesaid on the said sum of £400 or on so much
thereof as shall be for the time being remain owing until the same shall be fully paid.

And also that they the said Joseph Longthorne and Ann his wife & Henry Calvert
now have good right & full power to assign the said hereditaments & premises for the
term and subject & in manner aforesaid

And also that if default shall be made in payment of the said sum of £400 or any
interest for the same or any part thereof respectively contrary to the proviso for
redemption hereinbefore contained it shall be lawful for the said Jno Topham
his executors administrators & assigns to enter into & upon the said hereditaments
& premises or any part thereof and the same thenceforth during the said term quietly
to hold occupy possess & enjoy and receive and take the rents & profits thereof
without any lawful interruption or disturbance from or by the said
Joseph Longthorne and Ann his wife or either of them their or either of their
executors administrators or assigns or any other person (subject as aforesaid)

And that free and discharged or otherwise by the said Joseph Longthorne his
executors or administrators sufficiently indemnified from and against all estates
incumbrances claims & demands whatsoever (except as aforesaid)

And moreover that he the said Joseph Longthorne & Ann his wife & their
respective executors & administrators and every other person having or lawfully or
equitably claiming any estate right title interest property claim or demand of in or to
the said hereditaments & premises or any part thereof (except the said Ann Ashby
in respect of her said annuities and her life estate in the premises lately occupied
by Henry Gill & Jane Dallow) shall and will at all times during the said term upon
the request of the said Jno Topham his executors administrators & assigns but
at the costs of the said Joseph Longthorne his executors or administrators do and execute every ???? lawful act deed and assurances for the further or more
perfectly assuring the said hereditaments & premises & every part thereof unto the
Jno Topham his executors administrators & assigns for the then residue of the
said term & in manner aforesaid as by the said Jno Topham his executors
administrators or assigns shall be reasonably required.

And the said Henry Calvert doth hereby for himself his heirs executors &
administrators covenant and declare with & to the said Jno Topham his executors
administrators & assigns that he the said Henry Calvert has not at any time
heretofore made done executed or suffered any act or deed whatsoever whereby or
by reason or means whereof the said messuages land hereditaments & premises
expressed to be hereby assigned or any of them or any part thereof are or is or can
or may be impeached charged affected or in anywise incumbered

In witness whereof the said parties to these presents have hereunto set their hands
& seals the day & year hereinbefore written

Ann Longthorne
Joseph Longthorne
Henry Calvert

Signed sealed and delivered by the within named Joseph Longthorne
in the presence of
David Ben? Clerk to Mr Henry Calvert Solicitor, Masham

Signed sealed and delivered by the within named Ann Longthorne
in the presence of
David Ben?

Signed sealed and delivered by the within named Henry Calvert
in the presence of
(sworn) Jno Wm Spencer
J Charlesworth
Both of Wakefield, Clerks at the West Riding Registry of Deeds

Received on the day & year first within written of & from the witness named
Jno Topham the sum of four hundred pounds, £400, the full consideration
money within expressed to be by him paid to us as witness our hands

Witness to the signature of Joseph Longthorne
Joseph Longthorne David Ben?

Witness to the signature of Ann Longthorne
Ann Longthorne
David Ben?

A Memorial was registered at Wakefield the second of November 1870
at ten in the forenoon in Book 648 page 327. Number 377
John Edward Dibb, Deputy Registrar

Dated 2nd June 1870

Mr Edwin Wilson and Margaret his wife and their mortgagee to
Mr Joseph Longthorne

Assignment of a messuage land and hereditaments situate at Greygarth
in Dallowgill in the County or York, Subject to an annuity

Stamp £1 5s 0d
Follower £0 10s 0d
Memorial £0 2s 6d
Parchment £0 5s 6d
Total £2 3s 0d

(This Assignment is worded almost the same as the previous Indenture,
but with different amount, and with the signatures below)

We see no objection to this draft assuming the recital to be correct on behalf of
Wm Crust
Shepherd Crust & Todd, Beverley, 28th May 1870

Thomas Crust
Edwin Wilson
Margaret Wilson
Joseph Longthorne

Signed sealed and delivered by the within named Thomas Crust
in the presence of
James Mills, Solicitor, Beverley

Signed sealed and delivered by the within named Margaret Wilson
in the presence of
George Barker of Dallowgill, Farmer

Signed sealed and delivered by the within named Edwin Wilson and
Joseph Longthorne in the presence of
(sworn) Henry Calvert, Solicitor, Masham
Joseph Topham, Spirit Merchant, Pateley Bridge

Received on the day and year first within written of & from the within named
Joseph Longthorne the sum of two hundred and fifty pounds, £250, the
full consideration money within expressed to be by him paid to us.
As witness our hands
Edwin Wilson
Witness to the signature of Edwin Wilson
Henry Calvert

Margaret Wilson
Witness to the signature of Margaret Wilson
George Barker

A Memorial was registered at Wakefield the 2nd of November 1870
at ten in the forenoon in Book 648 page 326. Number 376
John Edward Dibb, Deputy Registrar.