Return to St Ewe Parish Page

This Indenture made the twentieth day of April in the year of our Lord one thousand eight hundred and forty nine in pursuance of an Act perfect in the fourth year of the regime of the present Majesty Queen Victoria intitled ‘An Act for rendering a release as effectual for the Conveyance of Freehold Estates as a Lease and Release by the same parties’ Between Jane Parson of the Parish of Saint Austell in the County of Cornwall Spinster of the first part Thomas Johns of the Parish of Saint Ewe in the said County Yeoman and Ann his wife of the second part William Toms also of Saint Ewe Miner of the third part and Thomas Colliner of Saint Ewe aforesaid Yeoman (a Trustee for the purposes hereinafter mentioned) of the fourth part Whereas by Indenture of Transfer of Mortgage dated the twenty second day of April one thousand eight hundred and forty seven and made between Robert Varcoe therein described of the first part the said Thomas Johns of the second part and the said Jane Parson of the third part for the remainder of The Hereditaments and Premises therein mentioned part of which are hereinafter particularly described and intended to be hereby granted and released assigned and transferred unto the said Jane Parson for the remainder of a term of one thousand years created by Indenture of Mortgage dated the ninth day of September one thousand eight hundred and thirty four Subject to a proviso for redemption thereof on payment by the said Thomas Johns to the said Jane Parsons her executors administrators or assigns of the sum of One Hundred and thirty Pounds and Interest at the term therein mentioned which Money was not paid accordingly And whereas there is now due and owing from the said Thomas Johns to the said Jane Parson on the said recited Mortgage for Principal and Interest the sum of One Hundred and forty three Pounds which they do hereby severally admit and acknowledge And whereas the said William Toms hath contracted and agreed with the said Thomas Johns for the absolute purchase of the Inheritance in Fee Simple of the Dwelling House and Premises hereinafter described part of the said Mortgaged Premises at or for the price or sum of Nineteen pounds Now this Indenture witnesseth that in consideration of the sum of Nineteen Pounds Stirling to the said Jane Parson paid by the said William Toms (at the request and by the direction of the said Thomas Johns testified by his being a party to and executing these presents or paid discharged by the said Principal Money and Interest And also in consideration of the sum of ten Shillings Stirling to the aid Thomas Johns also paid by the said William Toms the receipt whereof is hereby respectively acknowledged She the said Jane Parson doth hereby also acquit release and discharge the said Dwelling House and Premises of and from the payment of the remainder of the said Mortgage debt and all Interest thereon secured by the said Mortgage She the said Jane Parson (at the request and by the direction of the said Thomas Johns testified as aforesaid) Doth bargain sell assign surrender and yield up And the said Thomas Johns Doth bargain sell assign transfer set over and confine unto the said William Toms and his Heirs All and singular the said Dwelling House and Premises part of the Hereditaments comprized in the said Mortgage And all the Estate and Interest both at Law and in Equity of them the said Jane Parson and Thomas Johns under the said Mortgage in to or out of the said Premises To the intent that the residue of the said term of one thousand years may thenceforth become consolidated with and merged and extinguished in the Fee Simple and Inheritance of the said Dwelling House and Premises And the said Jane Parsons doth hereby for herself her Heirs Executors and Administrators covenant and declare with and to the said William Toms his Heirs and Assigns that she the said Jane Parson hath not at any time heretofore made done or committed any Act or Thing whatsoever whereby the said Hereditaments can shall or may be affected or incumbered And this Indenture further witnesseth that for the consideration aforesaid and in consideration of the Sum of ten Shillings Stirling to the said Thomas Johns and Ann his wife paid by him the said William Toms the receipt whereof is hereby acknowledged Then the said Thomas Johns and Ann his wife according to their several and respective Estates and Interests therein Do and each of them Doth direct limit and appoint and also grant bargain sell assign release and confirm unto the said William Toms his Heirs and Assigns All that piece or parcel of Land or Ground containing about forty yards with the Dwelling House and other erections thereon formerly part and parcel of a certain Field or Close of Land called the Hill parcel of certain Hereditaments called or known by the name of Ball East and Wood Head situate in the Parish of Saint Ewe aforesaid Together with the right of way six feet wide to and from the same leading thro’ the said Hill and on the North of the North side of the piece or parcel of Ground hereby granted to John Vian and of the piece and parcel of Ground hereby released and all and singular the appurtenances to the same belonging or in anywise appertaining or to or with the same or any part thereof respectively now or at any time herebefore demised leased held and occupied possessed or enjoyed or accepted reputed determined taken or known as part parcel or member thereof or any part thereof (except as in a certain Indenture of three parts bearing date the fifteenth day of October one thousand eight hundred and thirteen and made or expected to be made between Edward Coode Gentleman of the first part William Hocken (possibility it could be Hocker) the Younger Clerk of the second part and William Johns and George Johns of the third part is excepted) And the Hereditaments and Premises To have and to hold the said Hereditaments and Premises hereby appointed granted and released or intended to be with the appurtenances unto the said William Toms his Heirs and assigns subject to the payment of three pence per year towards the High or Chief rent to such Uses Intents and Purposes as he shall by any Deed or writing executed in the presence of one or more witness or witnesses direct or appoint and in default of any and subject to every such direction or appointment To the use of the said William Toms and his Heirs for his Life and after the determination of that Estate by any means in his life time To the use of the said Thomas Colliner and his Heirs during the natural Life of the said William Toms In Trust for the said William Toms and his Assigns and after the determination of the Estate by any means in his life time To the use of the Heirs and Assigns of the said William Toms for ever And the said William Toms doth hereby declare that no wife of his shall be intitled to Dower in or out of the said Hereditaments and Premises mentioned and intended to be hereby granted and released or any part thereof And the said Thomas Johns doth for himself his Heirs Executors and Assigns and Administrators and for the said Ann his wife covenant promise and agree to and with the said William Toms his Heirs and Assigns that notwithstanding any Act Deed Matter or Thing by them the said Thomas Johns Ann his wife and Jane Parson made done or permitted to the contrary they the said Thomas Johns and Ann his wife now have in themselves or one of them hath in himself good right to appoint grant release and convey the said Hereditaments and Premises hereby granted and released with the Appurtenances unto and to the use of or in Trust for the said William Toms his Heirs and Assigns in manner aforesaid according to the intent and meaning of these presents And that it shall and may be lawful to and for the said William Toms his Heirs and Assigns to enter upon and enjoy the said Hereditaments and Premises hereby granted and released with the Appurtenances and to receive and take the Rents Taxes and Profits thereof for his and their own use benefit without any Interruption whatsoever from or by the said Thomas Johns and Ann his wife or his Heirs or any person claiming thro’ or in trust for him or for them And that free and clear or otherwise by them the said Thomas Johns and Ann his wife their Heirs Executors or Administrators well and sufficiently indemnified of from and against all Estates Titles Troubles Lieus Charges and Incumbrances whatsoever made and done or committed by the said Thomas Johns and Ann his wife or any person claiming thro’ or in trust for them or either of them (save and except one Indenture or Lease of the Premises hereby released dated the twenty fifth day of December one thousand eight hundred and thirty seven made and granted by William Harris and Thomas Harris and Ann Johns and Thomas Johns to the said William Toms for ninety nine years then and now determinable on the deaths of three Lives) And moreover that he the said Thomas Johns and his Heirs and all persons whosover claiming thro’ or in Trust for him or them shall and will at the request and charges of the said William Toms his Heirs and Assigns make and perfect all further Assurances that may be necessary for the more effectively or satisfactorily conveying the said Hereditaments and Premises hereby released with the Appurtenances unto the said William Toms his Heirs and Assigns or as he or they or his or their Counsel in Law shall advise and require And that these presents shall by the said Ann Johns forthwith at the costs of the said Thomas Johns be truly acknowledged and perfected in either respects with the solemnities described by Law for rendering the Deeds of married Women effectual to extinguish their Interest in Land And Lastly that he the said Thomas Johns his Heirs and Assigns shall and will from time to time and at all times hereafter (unless prevented by Fire or other inevitable accident) upon every reasonable request in writing and at the Costs and Expenses of the said William toms his Heirs and Assigns produce and shewforth or cause and procure to be produced and shewn forth to the said William Toms his Heirs and Assigns or his or their Counsel Attorney or Agent and upon every or any other proper occasion all and every the Deeds Papers and Writings now in the custody or power of the said Thomas Johns for support of the Title of the said William Toms his Heirs or Assigns to the Hereditaments hereby conveyed to him And shall and will in the mean time take all proper care to preserve the same from being lost destroyed cancelled or otherwise defaced In Witness whereof the parties aforesaid to these presents (being first duly stamped) have hereunto set their Hands and seals the day and year first above written

On the Reverse:

Signed sealed and delivered by the
within named Jane Parson and Thomas
John and Ann his wife and Thomas Colliner in the presence of

Wm Jago Conveyancer St Austell

Received the day and year first within written	£19
of and from the within named William Toms the
Sum of Nineteen Pounds being the consideration
within mentioned to be paid by him to me

Jane Parson

Witness Wm Jago

Return to St Ewe Parish Page

Transcribed by Jessie Evans from a document in the Malcolm McCarthy Collection