Held at:

Private collection

Reference:

ELSG

Source:

Original Documents

Title:

Digital Archive: Release of The Birches and Maes Lawen

Place name:

Craswall

Date:

1808

 

 

Description

Indenture dated 27th October1808 describing the securityfor a loan of £100 and completing the sale of the Birches and Maes Lawen by means of a release.

 






This Indenture made the twenty seventh day of October In the year of our Lord one thousand eight hundred and eight Between Thomas Profser of the Township of Crasswall in the Parish of Clodock in the County of Hereford yeoman only son at Law of Walter Profser late of the same place deceased of the one part and Sir George Cornewall of Moccas Court in the County of Hereford Baronet of the other part whereas by a certain Indenture of Ffeoffment bearing date the thirtieth day of December in the year one thousand seven hundred and ninety two and made between the said Walter Profser since deceased of the one part and the said Sir George Cornewall of the other part In consideration of the sum of one hundred pounds therein expressed to be paid to the said Walter Profser by the said Sir George Cornewall the said Walter Profser did give grant bargain sell alien enfeoff and confirm unto the said Sir George Cornewall his Heirs and afsigns All Mefsuage or Tenement Farm and Lands commonly called or known by the name of Birches situate in the Township of Craswall and hereinafter more particularly described and intended to be hereby conveyed To Hold unto the said Sir George Cornewall his heirs and afsigns for ever subject neverthelefs to a Proviso therein contained that upon payment by the said Walter Profser his Heirs executors or administrators unto the said Sir George Cornewall his executors administrators or afsigns of the sum of one hundred pounds and interest upon a day and in manner therein mentioned He the said Sir George Cornewall his Heirs afsigns should at the request Costs and Charges of the said Walter Profser his Heirs or afsigns release or recovery unto him or them or those they should direct or appoint all and singular the said premises free from all Incumbrances to be committed in the mean time And whereas by a certain other Indenture bearing date the said thirtieth day of December One thousand seven hundred and ninety two and made between the said Walter Profser and Thomas Profser party hereto of the one part and the said Sir George Cornewall of the other part after Reciting that the said WalterProfser had borrowedof the said Sir GeorgeCornewall the sum of One Hundred pounds and had for securing the repayment thereof with Interest by Indenture of feoffment bearing even date Herewith conveyed unto and to the use of the said Sir George Cornewall and his Heirs a certain mefsuage Farm and Lands called Birches situate in the Township of Craswall aforesaid and Reciting that the said Thomas Profser at the request of the said Walter Profser had consented and agreedto Convey unto the said Sir George Cornewall as an additional or Collateral security for the said sum of one hundred pounds and the Interest thereof a certain mefsuage or Cottage Lands and Hereditaments of which he was seized in fee simple situate in the said Township of Craswall ????? that for the further better and more effectual securing to the said Sir George Cornewall his Executors administrators and afsigns the repayment of the said sum of one hundred pounds and the Interest thereof according to the Proviso in the said recited Indenture contained and also in consideration of five shillings to the said Thomas Profser paid by the said Sir George Cornewall the said Thomas Profser Did grant bargain and sell and demise unto the said Sir George Cornewall his Executors administrators and afsigns All that mefsuage or Cottage with the Lands and Hereditaments thereof belonging called by the name of Maes Lawens situate in the Township of Craswall aforesaid and then in the pofsefsion of the said Thomas Profser To Hold unto the said Sir George Cornewall his Executors administrators and afsigns from the day next before the day of the date thereof for the term of five hundred years from thence next ensuing and fully to be complete and ended as in and by the said in part recited Indentures reference being thereto had will more fully and at large appear And whereas before the said principal sum of one hundred pounds or any part thereof was paid the said Walter Profser departed this life intestate leaving the said Thomas Profser party


thereto his only son andheir at Law And wheresupon an accountthis day statedand settled between the said Thomas Profser and the said Sir George Cornewall touching the said Principal sum of one hundred Pounds and the Interest thereof there appears to be and now is justly due and owing to the said Sir George Cornewall upon the said recited security the sum of one hundred and fifty five punds And whereas the said ThomasProfser hath come to an agreement with the said Sir George Cornewall for the actual sale to him of all his Estate and Interest of and in all those the said mefsuages or Tenements Lands Hereditaments and premises called the Birches and Maes Lawens hereinbefore and hereinafter more particularly described as and intended to be hereby released at or for the price or sum of Two hundred and twenty five pounds over and above the said principal and Interest due on the saidrecited security Now this Indenture witnesseth that for and in consideration of the sum of Two hundred and twenty five pounds of good and lawful British money to the said Thomas Profser in hand well and truly paid by the said Sir George Cornewall at or before the sealing and delivery hereof the receipt and payment of which said sum of Two hundred and twenty five pounds being in full for the absolute purchase of the fee simple and Inheritance and Equity of redemption of him the said Thomas Profser of in and to the said mefsuages or Tenements Farm Lands and Hereditaments hereinbefore and hereinafter more particularly described and intended to be hereby released He the said Thomas Profser doth hereby own and acknowledge and thereof and therefrom and of and from the same and every part thereof doth acquit free release and discharge the said Sir George Cornewall his heirs Executors and administrators and every of them for ever by these presents He the said Thomas Profser hath granted Bargained sold aliened released ratified quitted claim and Confirmed and by these presents Doth grant bargain sell alien release ratify quit claim and Confirm unto the said Sir George Cornewall in his actual pofsefsion now being by virtue of a Bargain and Sale to him thereof made by the said Thomas Profser in Consideration of the sum of five shillings by Indenture bearing date the day next before the day of the date hereof and by force of the Statute made for transferring uses into possession and to his Heirs and afsigns All that messuage or Tenement Farm and Lands commonly called and known by the name of Birches situate lying and being in the Township of Craswall in the Parish of Clodock in the County of Hereford formerly in the pofsefsion of the said Walter Profser but now of the said Thomas Profser And also all that other mefsuage Tenement or Cottage with the Lands and Hereditaments thereunto belonging and commonly called or known by the name of Maes Lawens also situate lying and being in the Township of Craswall in the Parish of Clodock in the County of Hereford aforesaid and now in the pofsefsion of William Pritchard and also all the houses outhouses Edifices Buildings Folds Courts Yards Gardens Orchards Lands arable Meadows Leasows Pastures Feedingswoods underwoods and the ground and soil thereof Trees Hedges Ditches Commons Common of pasture Profits Priviledges advantages emoluments hereditaments rights members and appurtenances whatsoever to the said mefsuage or Tenement Farm Lands Hereditaments and premises respectively belonging or in any wise appertaining or therewith or with any part thereof usually held used occupied possessed or enjoyed or accepted reputed deemed taken or known as part parcelor member thereofor appurtenant thereunto and the reversion and reversions remainder and remainders rents ifsues and profits of the said premises and of every part and parcel thereof and also all the Estate right title interest use trust property possession claim and demand whatsoever both at law and in equity of him the said Thomas Profser of in or to the said premises Together with all Deeds Evidences and writings relating to the title of the said premises or any part thereof in the


custody power or procurement or which he can get at or come by without suit in law or equity To have and to hold the said mefsuages or Tenements Farms Lands Hereditaments and all and singular other the Premises herein before mentioned and hereby granted and released meant or mentioned or intended so to be and every part and parcel thereof with their and every of their appurtenances unto the said Sir George Cornewall his Heirs and afsigns To the only proper use and Behoof of the said Sir George Cornewall his Heirs and afsigns for ever and to and for no other use intent or purpose whatsoever discharged of and from the Proviso for redemption of the said premises in the said recited Indenture contained and all other powers and Conditions for redemption whatsoever And the said Thomas Profser for himself his heirs Executors and administrators doth hereby covenant promise declare and agree to and with said Sir George Cornewall his Heirs and afsigns manner and form following that is to say that he the said Thomas Profsernow at the time of the sealing and delivery of these presents is and standeth lawfully and rightfully seized of the mefsuages or Tenements Farm Lands Hereditaments hereinbefore mentioned and hereby granted and released or intended so to be with the appertunances of a good sure perfect absolute and Indefeasible Estate of Inheritance in fee simple and now hath in himself good right full power and lawful and absolute authorityto grant and release the said premises in manner hereinbefore And Moreover He the said Sir George Cornewall and his Heirs shall and may from time to time and at all times hereafter peaceably and quietly enter into have hold use occupy possess and enjoy the said mefsuage or Tenement Farm Lands Hereditaments and premises hereinbefore mentioned and hereby released and the rents Ifsues and profits thereof to and for his and their own use and benefit to have receive and take without any let suit molestation interruption or denial of from or by the said Thomas Profser his heirs or afsigns or any other person or persons whomsoever And that free and Clear and freely and Clearly acquitted exonerated and discharged by the said Thomas Profser and his heirs of from and against all former and other Gifts Grants Bargains Sales Leases releases mortgages Wills Intails and all other Incumbrances whatsoever And Lastly that he the said Thomas Profser and his heirs and all other persons lawfully claiming any Estate right Title or Interest in the said premises shall and will from time to time and at all times hereafter at the reasonable request Costs and Charges of the said Sir George Cornewall his heirs and afsigns make do and execute or cause and procure to be done and executed all and every such further and other lawful and reasonable acts Deeds Conveyances and afsurances in the Law whatsoever for the further better more perfect and absolute granting releasing and assuring the said Hereditaments and premises and every part thereof with the appurtenances unto the said Sir George Cornewall his heirs or afsigns or by the said Sir George Cornewall his heirs or afsigns shall be required All witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written

Thomas Profser Sealed and delivered in the presence of

J Spencer H Knowles


Received on the day of the date of the within written Indenture of the within named Sir George Cornewall the sum of Two hundredand twenty five pounds the full consideration within mentioned to be paid to me

Witnefs                                                       Thomas Profser

J Spencer H Knowles


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Ref: rs_cra_0225