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.