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The National Archives: C10/311/13
Boscowen v Porrett, Mawer & Conyers (1708)
Brief notes.......
Joint & severall
answers of John Porrett John Mawer and Richard Conyers three of the
defts to the Bill of Complaint of ?Jaell? Boscowen widow administratrix
of Margaret Carr deceased and also administratrix of Edward Boscowen
deceased. (July 1708)
- they severally believe it to
be true that there was an assignment and mortgage made to the said
Margaret Carr for securing the payment of one thousand and eighty
pounds thirteen shillings and foure pence with interest of such lands
and hereditaments for such estate and of such date and between such
parties as mentioned in the bill. Also that there is an endosement on
the mortgage for the further sum of nineteen pounds and six shillings
and interest as in the bill is also mentioned.
- They believe
Margaret Carr is dead, but they have no knowledge of whether she left a
will, whether it was proved, whether Edward Boscawen was an executor,
or whether administration of the goods of either Margaret Carr or
Edward Boscawen have been granted to the complainant, and therefore
defer to the will and/or administration 'when the same shall be
produced'.
- they do not know what part of the principal money or interest have been paid.
-
About six or seven years ago Robert Jennison, or his agent, claiming to
be entitled to the moiety of the premises in Stillington and Seaton
Carew, and to the other moiety held of Merton College for the term of
twenty one years, and also to several freehold lands in Seaton Carew,
subject to Mrs Carrs mortgage money of £1100 and also to some
other debts and legacies amounting to £700. Jennison offered the
premises for sale, on behalf of himself and all the the other concerned
parties. John Porrett, at the direction of John Mawer and in trust for
him, agreed to purchase the Seaton Carew property for £840, and
articles of agreement between Robert Jennison and John Porrett were
agreed 12 April 1704, and Robert Jennison covenanted, before 1 May
1705, to procure the old leases of the leasehold property to be
surrendered and new leases to be garnted by Merton College for 21
years, and immediately after granting they would be assigned to John
Porrett. John Porrett agreed to pay £305 as a portion of the purchase
money to Edward Trotter Esqr in discharge of a debt oweing to him from
Robert Jennison, with the residue to be paid upon assignment of the
premises.
- John Mawer states that as the property was purchased
in trust for him, he was ready to complete, had offered to do so, and
had in fact had the money ready to do so for a period of over two
years, unable to make any use or advantage of it.
- The
defendants say they believe that Margaret Carr had notice of the sale,
and had consented, and that the old leases were surrendered in about
May 1705, and that new leases had been taken with the direction or
consent of Margaret Carr, and that one moiety of the leasehold premises
were amongst other things demised to Thomas Rudd Gent., and that Thomas
Rudd assigned it to the defendant Thomas Bendlowes in trust for
Margaret Carr. And that Thomas Bendlowes by indenture deated 6 July
1702 (to which Margaret Carr was a party) did by the direction of the
said Margaret Carr, in consideration of three hundred pounds to be paid
by John Mawer to the said Margaret Carr, and which he paid, Assigned to
the said John Mawer one moiety of the leasehold property in Seaton
Carew to hold from the 25 March then last [...] for twenty years and
eleven months, this indenture is now in John Mawer's custody.
-
And the defendant also says that pursuant to the agreement of May 1705,
he entered all the said freehold and leasehold premises in Seaton Carew
and 'hath enjoyed the same ever since' and has paid the College rent
and the taxes, assessments and other payments in respect of this
property.
- the defendant John Mawer also, over and above the
three hundred pounds, in April 1705 paid £36 to Edward Trotter as a
further part of the purchase money.
- And the defendants
severally say that Madam Lemon widow claims the sum of £180
pounds out of the said purchase money by virtue of a bill of exchange
drwan by Robert Jennison, payable to her or to Richard Turner and which
John Porrett accepted to be paid ten days after the purchase.
-
The defendants say that they were unduced to make such payments upon
the assurances of Robert Jennison or his agent that they had agreed the
sale of the Stillington estate for £1850, which with the £840 they
assure they were more than sufficient to answer the payments and all
encumbrances on the said estate.
- The defendant John Mawer
says that he has been ready to perform the said agreement and to pay
the purcahse money upon having a good title made to him, yet the
parties having or claiming the estate have been refusing and
delaying, and he has not been able to procure any conveyance of the
property. He believes that the defendant Ann Brackly claims some estate
or interest, but by what conveyance these defendants cannot set forth.
-
The defendants say they believe that Thomas Bendlowes was intrusted in
the premises by Margaret Carr and Ann Brackley or the one of them, and
was involved in the sale of the Seaton Carew property and approved
thereof 'butt whether he hath misbehaved himselfe in the trust
reposed in him and how and wherein these defendants severally say they
know nott'.
- The defendants say there was a former Bill against them by Ann Brackly to which they put in an answer.
-
The defendant John Mawer says he has been to great expense and
inconvenience concerning the premises and 'that the [..unreadable..] Mr
Brackley or the one of them doe now threaton to strip and deprive' him
of his portion of the premises but hopes that having paid and
undertaken to pay such sums of money laid out above he shall be
protected by this court from any further hardship, and if he cannot
have proper conveyances of the said premises, then he can be reimbursed
the money he has already paid with costs etc.
- The defendant
Richard Conyers says that about 5 years ago he agreed with Robert
Jennison for the purchase of the premises at Stillington, and to that
purpose called in several sums of money, which then laid for some
considerable time 'to this defendants very great loss', and as Robert
Jennison failed to get all the interested parties to join in the
conveyance, this defendant was deprived of the effect of his said
bargain. After a long time, he was obliged to get his money returned
from London and to dispose of the sum in another way and suffered
thereby very great loss. As Robert Jennison had not performed the
agreement within the appropriate time, this defendant has given up any
further thoughts of it, and disclaimes all right and interest in the
premises in Stillington and Seaton Carew, and denies that he has or
pretends to have any estate or interest therein
- These defendants severally deny all unlawful combination and confederacy, with which they are charged