Mortgage by Lease and release for £260

Reference Number
0028L/8
Alternative Reference Number
0028/195
Level of Description
Item
Title
Mortgage by Lease and release for £260
Date
27 March 1753-28 March 1753
Extent
Extent: 2 items
Description
1. William Harding, city of Bath, Cabinetmaker, and Elizabeth his wife
2. John Jefferys, city of Bath, Gent., a trustee to 1.
3. Simon Collett, city of Bath, Baker

New erected messuage divided into 2 tenements formerly one lower room, one chamber of the said lower room, and one cockloft over the said chamber, situate in p. St. James, between a gate formerly called the Abbey Gate but now a street leading from Stall Street to Abbey Green on the north, a tenement called the Coachhouse formerly belonging to Catherina Jones but now of Mr Dallamore on the south, a backside formerly of John Orange now a court or garden belonging to the Right Honourable Lord Viscount Weymouth on the east, and the Leer land now a street called St. James's Street on the west.
Consideration: £260 (4%) from 3. to 1.

Reciting: Mortgage, 17 August 1741
1. John Wilts of Avening, c. Gloucester, Wheelright, and Jane his wife, and Robert Hill of Wotton Underedge, Butcher, and Edith his wife; which said Jane and Edith were the sisters of Joseph Pick, late of Cromhall, c. Gloucester, Blacksmith, dec'd
2. Elizabeth, now wife of William Harding, then Elizabeth Hill, Spinster, daughter of Robert and Edith aforesaid
From 1. to 2. for a term of 2000 years, all that messuage or tenement in Cromhall aforesaid, wherein Richard Dimery formerly dwelt, and wherein Sarah Payntor, Widow, lately inhabited, which was lately pulled down and new erected and built by Joseph Pick during his lifetime and wherein one William Ford did lately dwell and wherein John Tomes since that also inhabited, and wherein one John Pick did then inhabit; and also the Barn and shop thereto adjoining, and also the garden, orchard, and backside thereunto adjoining, and also a close of meadow (2a.) known as the Home Close adjoining to the aforesaid messuage, all in Cromhall and lately in the possession of Joseph Pick, but then in the possession of 1.
Consideration: £73

Whereas the said sum of £73 and interest was not paid, the estate of Elizabeth Hill of and in the last mentioned premises became absolute in law.
Whereas the said Elizabeth Hill sometime past bought the freehold of one 1/2 part of the last aforesaid premises from John Wilts and Jane his wife, and £36.10s, half of the said £73, was included in the purchase money.
Whereas the remainder of the term of 2000 in said 1.2 part of the said premises was assigned by Elizabeth Hill to Nathanial Capell of Wotton Underedge, c. Gloucester, Physician, by deeds bearing date 16 September 1742 in trust for Elizabeth Hill.
Whereas there is now due to William Harding, in right of his wife Elizabeth [formerly Elizabeth Hill], on Mortgage of the other 1/2 part of the said premises belonging to Robert Hill and Edith his wife, the principle sum of 336.10s, residue of the sum of £73.

Now this indenture further witnesseth that for the consideration before mentioned and for the better securing of the sum of £260 and interest, 1. appoints to 3. the 1/2 part or moiety so aforesaid, subject to provisos for the redemption thereof in the sums of £36.10s and 3260/

Endorsed: Memorandum, that by Lease and Release, 25-26 June 1787, between
1. William Selden, city of Bath, Mason, and Thomas Holbrooke, city of Bristol, Baker, assigns of the estate of William Harding
2. Simon Collett
3. John Harding of Hinton, c. Somerset, Shoemaker, heir at law of Edith, wife of Robert Hill, dec'd, the said John being the eldest son of Elizabeth Harding, dec'd, daughter and heir of Robert Hill and Edith his wife.
Simon Collett released and surrendered to 3. the within mortgaged premises in Cromhall, c. Gloucester
Consideration: £75 as part discharge of the money lent by him as secured within.

Enclosed: Opinion of John Jefferys, Solicitor, regarding John Hardings right to the said premises in Cromhall, 29 August 1783
Place Name
Bath St James (Parish, Bath)
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