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28 September 1844 Knights Meadow Lostwithiel
This Indenture made the Twenty
eighth day of September One thousand eight hundred and forty four in
pursuance of an Act passed in the fourth
year of the Reign of Queen Victoria entitled "An Act for rendering a
Release as effectual for the Conveyance of Freehold Estates
as a Lease and Release by the same parties" Between John Hamley
of Lostwithiel in the County of Cornwall Yeoman
of the first part Elizabeth Kingston Lyne of Liskeard
in the said County Widow of the second part and Benjamin
Thomas of the parish of Lanlivery in the said County Yeoman of
the third part Whereas by Indentures bearing date
respectively the first and second days of July One thousand eight
hundred and forty and made between the said John Hamley
of the one part and Benjamin Hart Lyne therein described of the other
part The Fields or Closes of Land called Jagos or
Knights Meadows hereinafter mentioned were appointed and conveyed unto
the said Benjamin Hart Lyne his heirs
and assigns Upon Trust to secure the payment by the said John Hamley his
heirs executors administrators or assigns unto the said Benjamin Hart
Lyne his executors administrators or assigns of the sum of
Five hundred and twenty six Pounds and Interest therein mentioned
And whereas the said Benjamin Hart Lyne departed this
life on the twelfth day of April last having first duly made and
published his last Will and Testament bearing date the thirteenth day of
November One thousand eight hundred and thirty six whereby he gave
devised and bequeathed all his real and personal Estate of what-
soever land or description the same might be in wheresoever situate unto
his dear Wife the said Elizabeth Kingston Lyne To hold to her her heirs
executors administrators and assigns for ever and he thereby
nominated and appointed the said Elizabeth Kingston Lyne whole and sole
Executrix of his said Will And whereas the said
Elizabeth Kingston Lyne duly proved the said Will in the prerogative
Court of
Canterbury on the Eleventh day of October last And Whereas
all principal and Interest secured by the said Indentures of the first
and second days of July One thousand eight hundred and forty was duly
paid to the said Benjamin Hart Lyne on the fourth day of March One
thousand eight hundred and forty three but in reconveyance of the said
Fields or closes of Land and hereditaments has ever been
executed to the said John Hamley And whereas the said
Benjamin Thomas hath contracted with the said John Hamley for the
purchase of the fee simple and Inheritance of the pieces or parcels
of Land Dwellinghouse hereditaments and premises hereinafter described
and hereby granted and released or intended so to be being part and
portion of the fields or closes of Land and hereinbefore mentioned
free from all incumbrances except a certain Indenture of Lease of a
portion thereof hereinafter referred to at or for the price or sum of
One hundred and Fifteen Pounds And whereas the said
Elizabeth
Kingston Lyne hath consented to join in these presents in manner
hereinafter appearing Now this Indenture witnesseth
that in pursuance of the said Agreement and in consideration of the sum
of
One hundred and fifteen Pounds of lawful British money to the said John
Hamley now in hand paid by the said Benjamin Thomas with consent and
approbation of the said Elizabeth Kingston
Lyne testified by her being a party to and executing these presents the
receipt whereof the said John Hamley doth hereby acknowledge and thereof
and thereupon doth acquit and discharge the said Benjamin
Thomas his heirs executors and administrators forever by these presents
And also in consideration of Ten shillings now in hand paid by the said
Benjamin Thomas to the said Elizabeth
Kingston Lyne the receipt whereof is hereby acknowledged She the said
Elizabeth Kingston (at the request and by the direction of the said John
Hamley testified as aforsaid) and so far as she
lawfully can or may but not further or otherwise and by way of assurance
only and not of covenant or warranty doth by these presents bargain sell
alien and release and the said
John Hamley doth grant bargain sell alien release and
confirm unto the said Benjamin Thomas and his heirs All
that piece or parcel of Land together with the Quarry Plot therein
containing together by estimation Fourteen Perches or thereabouts be the
same more or less part and parcel of certain Fields or closes of Land
called Jago’s or Knights Meadows situate
lying and being within the Borough of Lostwithiel aforesaid which said
piece or parcel of Land is now in the occupation of John Hawke and is
bounded on the North and west by the Land of
Mark Marks on the south by a certain Road or way lately made out of the
said fields and on the East by the Highway leading from Lostwithiel to
Bodmin And also all that
piece or parcel of Land formerly also part of the said Meadows
containing by admeasurement Seven perches be the same more or less now
in the possession of Alice Treleaven under
a Lease thereof made to her for a term of Ninety nine years determinably
on the deaths of three persons therein named which said piece or parcel
of Land is bounded on the North
by the Lands of the Mayor and Burgesses of Lostwithiel on the South by a
certain other road or way lately made out of the said Fields on the East
by the Land of the said Mark
Marks and on the west by the Land of William Brown And also all
that piece or parcel of Land formerly also part of the said Meadows
containing by admeasurements Six perches
be the same more or less Together with the Dwelling house lately Erected
thereon which said piece or parcel of Land contains in width twenty one
feet two inches and is bounded on the
North by the Lands of the Earl of Mount Edgcumbe on the South by the
said road or way lately made out of the said fields on the East by the
Lands of the said John Hamley and
on the West by the Land of John Warne Together with a free and
convenient way as well a Horseway as a Footway as also for Carts Waggons
and all other Carriages whatsoever in through
over and along all roads and ways made or converted from the aforesaid
fields or closes of Land And also the Land and Soil of
all that road or way lately formed out of and con-
-verted from the said fields and extending from the Highway leading from
Lostwithiel to Bodmin aforesaid unto a certain Shoot or Water Conduit
used by the inhabitants of the
Town of Lostwithiel aforesaid And also the Land and soil of All that
other Road or way also formed out of and converted from the said Fields
and extending from the Shoot or Water
conduit unto a certain place whereon formerly stood a Dog Kennell
subject nevertheless to such rights of way as now exist through and over
the same Roads respectively All which said
pieces or parcels of Land Dwelling house Roads hereditaments and
premises hereby granted and released are more particularly delineated in
the Map or Plan laid down in the margin of these presents
and are therein coloured Green and the boundaries belonging to the same
respectively and which are intended to be hereby conveyed therewith are
etched on the side to which they belong And all other ways
paths passages and all waters watercourses emoluments advantages and
appurtenances whatsoever to the said pieces or parcels of land
Dwellinghouse and hereditaments belonging or appertaining
And the reversion and reversions remainder and remainders rents issues
and profits thereof And all the Estate right title
interest use trust property benefit claim and demand whatsoever
both at Law and in Equity of each of them the said John Hamley and
Elizabeth Kingston Lyne of in to and out of the said hereditaments and
premises and every part thereof To have and to
hold the said pieces or parcels of Land Dwellinghouse
roads hereditaments and premises hereby granted and released with the
appurtenances unto the said Benjamin Thomas and his heirs To the
only proper use and behoof of the said Benjamin Thomas his heirs and
assigns forever And the said Benjamin Thomas doth
hereby declare that no widow of his shall be entitled to dower out of
the
said hereditaments and premises or any part thereof And the said
Elizabeth Kingston Lyne for herself her heirs executors and
administrators doth hereby covenamt with the said Benjamin Thomas his
heirs and assigns that she the said Elizabeth Kingston Lyne hath not at
any time done any act matter or thing whatsoever whereby the said
hereditaments and premises hereby granted and
released or any part thereof is can or may be incumbred in any manner
howsoever the Lease of part thereof so granted to the said Alice
Treleaven as aforesaid only excepted And the said
John Hamley for himself his heirs executors and administrators doth
hereby covenamt with the said Benjamin Thomas his heirs and assigns That
notwithstanding any act done or suffered by
him the said John Hamley to the contrary they the said Elizabeth
Kingston Lyne and John Hamley or one of them now have or hath in
themselves himself or herself good right to convey the said
hereditaments and premises unto the said Benjamin Thomas his heirs and
assigns in manner aforesaid And that it shall be lawful
for the said Benjamin Thomas his heirs and assigns
peacefully to enjoy the said hereditaments and premises and to receive
the rents and profits thereof without any interruption by him the said
John Hamley or his heirs or any person claiming under or in trust for
him free from all incumbrances whatsoever except the said Indenture of
Lease And that he the said John Hamley and all persons
claiming under him except the person or persons claiming under the
said Lease shall and will upon the request and at the expense of the
said Benjamin Thomas his heirs or assigns execute such further
assurances as may be required for conveying the said heredita-
-ments and premises unto the said Benjamin Thomas his heirs and assigns
in manner aforesaid And furthermore that he the said
John Hamley his heirs or assigns shall and will at all
times hereafter unless prevented by fore or other inevitable accident
upon every reasonable request and at the costs of the said Benjamin
Thomas his heirs or assigns produce and showforth unto
the said Benjamin Thomas his heirs or assigns or to his or their Counsel
Solicitor or Attorney in any Court of Law or Equity or elsewhere as
occasion shall require the several Deeds and Muniments
of Title enumerated in the Schedule hereunder written and make and
deliver attested and other copies and abstracts of and Extracts from the
same respectively for evidencing the Title of the said
hands and Seals have hereunto set the day and year first above written
The Schedule above referred to
28th & 29th January 1840. Indentures of these dates
made between Sally Bennett Norway Nevell Norway of Wadebridge and Sarah
his wife Maria Norway and Rosella Norway of the first part
Sally Norway of the second part Nevell Norway of Saint Just and William
Jago and Catherine his Wife of the third part Joseph Maynard Hamley of
the fourth part and
the said Benjamin Hart Lyne of the fifth part.
29th & 30th June 1840. Indentures of these dates made between the said
Joseph Maynard Hamley of the first part the said John Hamley of the
second part and John Peter of the third part
1st & 2nd July 1840. The hereinbefore in part recited Indentures
| John Hamley |
Elizabeth K. Lyne |
| Benjamin Thomas |
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Signed on reverse
Simon Peter
Edward Tyne
John Hamley
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