C78/1381, no. 4
Partial Transcript
Whereas heretofore that is to say in or about the time of St Michael the Archangel which was in the year of our Lord God Almighty to the computation of the Church of England one thousand seven hundred and seventeen [1717] Peregrine CLEGGETT of Wickham Brooke, in the county of Suffolk, spinster, complainant exhibited his Bill of Complaint unto this High and Honorable Court of Chancery against Norman GIBBS, James SHEWELL, Rivers DICKENSON, John MAYES, Robert HORTON and Robert ALLISON, which Bill was afterwards by an order bearing the date thirteenth day of November one thousand seven and
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Eighteen [1718] amended and thereby John GOPP and Samuel WRIGHT were added defendants. Thereby setting forth the said Norman GIBBS having occasion for a sum of money took up and [?] of the defendant Robert ALLISON the sum of three hundred pounds [£300] and for the securing the repayment thereof with interest [an?] indenture bearing date about fifteenth of February one thousand seven hundred and eight [1708] the said defendant GIBBS did grant bargain sell and [?] to the said Robert ALLISON all that close or parcel of land situate in Islington in the county of Middlesex then or then late in the tenure or occupation of Robert SHEELEY. And also all that messuage or tenement yard and garden thereunto belonging with the appurtenances situate in Islington aforesaid, then in the tenure or occupation of Richard CHISSIN. And also all that other messuage or tenement yard and garden thereunto belonging with the appurtenances situate in Islington aforesaid, then in the tenure TAYLOR Widow. To hold the same to the said Robert ALLISON his executor administrators and assigns for the term of five hundred years from the day next before the [date?] of the said indenture, wherein was contained [?] that if the said Norman GIBBS his heirs executors administrators and assigns should pay or cause to pay to the said Robert ALLISON his executors administrators or assigns the said three hundred pounds [£300] and interest at the time therein mentioned the said indenture was to be void. As by the said indenture in the Complainants custody and to which the premises might morefully appear. And that the said Norman GIBBS having occasion for a further sum of money the said Robert ALLISON lent him the further sum of one hundred pounds [£100] and by endorsement on the said indenture of mortgage the said Norman GIBBS did agree that the said mortgaged premises should stand as security for the same and that after the said GIBBS [?] more money the said Robert ALLISON lent hum the further sum of one hundred pounds and by another endorsement on the said indenture of mortgage bearing the date the twenty second of July in the year one thousand seven hundred and nine [1709] the said GIBBS agreed that the said mortgaged premises should stand a security also the said last mentioned one hundred pounds [£100] as the by the said endorsement might appear and the said complainant did further set forth that the said Robert ALLISON [?] his
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Money [?] upon the said mortgage the complainant did advance and pay unto him the sum of five hundred pounds [£500] and that thereupon [?] indenture bearing the date twenty third day of July one thousand seven hundred and nine [1709] reciting the said indenture or mortgage and endorsement thereon the said Robert ALLISON'Bold text' did assign and [?] unto the Complainant the said mortgaged premises together with the said indenture of mortgage and all his right and interest therein. To hold the same [?] all the residue of the said term with a power therein contained to be void if the said Robert ALLISON his executors and condition in the said last recited indenture whereby the complainants estate and interest in the said premises became [?] in law and sometime afterwards the said ALLISON [failed?] in the [?] and became uncapable to pay the same and that the complainant had administrators should pay to the complainant his heirs administrators or assigns the said sum of five hundred pounds and interest at the time therein mentioned. That the said Robert ALLISON did [?] pay the said five hundred and interest according to the several times applied to the said Norman GIBBS and those claiming under him and requested them to come to an account with her and to pay her the said the said mortgage money and interest and hoped they would have so done
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Accordingly. But that the said Norman GIBBS combining with the said other defendants to wrong the complainant and most defraud her of her said money pretended that before the making of the said mortgage to ALLISON the said GIBBS borrowed three hundred pounds of the defendant Robert HORTON and that for security thereof [?] indenture dated the tenth day of December one thousand seven and eight [1708] mortgaged the said two messuages and premises and that afterwards in [?] one thousand seven and nine [1709] the said GIBBS borrowed of the said HORTON the further sum of fifty pounds. And by endorsement of the said last mentioned indenture of mortgage agreed that the said premises should also stand as security for the same and that the said HORTON calling in his money one Edward GODFREY since deceased did at the said GIBBS request pay to the said HORTON what was due to him on the said mortgage and that thereupon by some deed or [?] the said HORTON made an absolute sale and assignment of the said messuages and premises to the said John GOPP and Samuel WRIGHT but in trust for the Edward GODFREY. Whereas if there was any mortgage made to the said Robert HORTON the complainant by her said Bill charged that the sane was Antedated or not executed at the time it [?] [?] dated or if it was that several other lands besides there mortgaged to ALLISON were comprised therein and particularly [?] copyhold messuage with their appurtenances lying in Islington held of the manor of Xanburys and were surrendered by the said Norman GIBBS for that purpose and that if the said sum of fifty pounds or any other sum was afterwards lent by the said HORTON to the said GIBBS the said HORTON GOPP WRIGHT and GODFREY had then notice of the said mortgage to ALLISON and that [?] the said copyhold lands were comprehended in the said mortgage to HORTON yet to defeat the mortgage made to ALLISON the two messuages comprised therein were only by the endorsement on the said HORTON mortgage deed made to stand as security for the said fifty pounds afterwards lent by the said HORTON to GIBBS and that for the same fraudulent purpose in the assignment made by the said HORTON and GIBBS to the said GOPP and WRIGHT in trust for the said GODFREY only the said two messuages were mentioned and the whole money paid by them [IMG_0439] To the said HORTON were charged thereon Whereas the GOPP WRIGHT and GODFREY had then notice of the mortgage to ALLISON and the assignment thereof to the Complainant she having in the Michaelmas term before brought ejectments against the said Norman GIBBS and the [tenants?] in possession of the said two messuages for [?] the possession thereof and that [?] the said two messuages only were by the[?] from HORTON and GIBBS to stand as a security to the said GODFREY for what he had paid the said HORTON yet that by some [?] agreement between the said copyhold messuages also to stand and be a security for the same and that so it plainly appeared for that after the conveyance and assignment made to the said GOPP WRIGHT and GODFREY entered on the said two messuages and received the rents thereof and also on the said copyhold premises and received the rents and profits thereof till about three or four years since when the same were sold but that the said GOPP WRIGHT and GODFREY or his executors had the purchase money for which the same were sold. And the said complainant did further charge that notwithstanding the said close in the time of the said Wheeley was not pretended to be comprised in the said mortgage made to HORTON or in the Conveyance from him and GIBBS to GODFREY and although the complainant
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Notes (Related Documents)
1. TNA C11/1405/16 Cleggett v Allison. Document type: Bill and four answers. Plaintiffs: Peregrine Cleggett of Wickhambrook, Suffolk. Defendants: Robert Allison, James Shewell, Rivers Dickinson, John Mayes, Norman Gibbs, Robert Horton, John Gopp and Samuel Wright. Date of bill (or first document): 1718
2. TNA C 11/1407/15 Cleggett v Shewell. Document type: Answer only. Plaintiffs: Peregrine Cleggett. Defendants: James Shewell, Rivers Dickenson and others. Date of bill (or first document): 1718