Author Topic: Farm Auction - Possible Reasons?  (Read 7661 times)

Offline Beavances

  • RootsChat Veteran
  • *****
  • Posts: 563
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Farm Auction - Possible Reasons?
« on: Tuesday 01 January 13 13:42 GMT (UK) »
Hi Can anyone help me work out the circumstances surrounding this auction? Do you think the wording 'by execution of the Sherriff' suggests the sale was enforced because the family were in debt? The advert appeared in the Hereford Journal on Wednesday 5th March 1856. I have the original advert but cannot attach it to this post
Thanks on advance for any help you may be able to give me.

WOOD’S EVES
Near Eardisley, Herefordshire
                     ---------------
Unreserved sale by public auction
On Friday and Saturday next March 7th & 8th

                       -----------------
Live and dead stock, Implements, Growing Crops, Hay and oats and a ** of Seed ****, HOUSEHOLD FURNITURE and EFFECTS, the property of Mrs Priscilla Beavan
TO BE SOLD BY AUCTION
BY WILLIAM BOTTRELL
Under the execution from the Sheriff of Hertfordshire, on the premises at WOOD’S EVES
Particulars in Posters, Sale each day punctually at 12 o’clock commencing with the stock, Growing Crops, Implements

Offline stanmapstone

  • RootsChat Marquessate
  • *******
  • Posts: 25,798
    • View Profile
Re: Farm Auction - Possible Reasons?
« Reply #1 on: Tuesday 01 January 13 13:58 GMT (UK) »
From the OED Execution;  The enforcement by the sheriff, or other officer, of the judgement of a court; ‘the obtaining of actual possession of anything acquired by judgement of law’; chiefly, the seizure of the goods or person of a debtor in default of payment.

Stan
Census Information is Crown Copyright, from www.nationalarchives.gov.uk

Offline stanmapstone

  • RootsChat Marquessate
  • *******
  • Posts: 25,798
    • View Profile
Re: Farm Auction - Possible Reasons?
« Reply #2 on: Tuesday 01 January 13 14:21 GMT (UK) »
From the Oxford Dictionary of Law
Execution: The enforcement of the rights of a judgement creditor. The term is often used to mean the recovery of a debt only, especially by seizure of goods belonging to the debtor under a writ of "fieri facias" or a warrant of execution.
"fieri facias" A writ of execution to enforce the payment of a debt when judgement has been entered against the debtor. The writ is addressed to the Sheriff requiring him to seize the property of the debtor in order to pay the debt, interest and costs.

Stan
Census Information is Crown Copyright, from www.nationalarchives.gov.uk

Offline Beavances

  • RootsChat Veteran
  • *****
  • Posts: 563
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Re: Farm Auction - Possible Reasons?
« Reply #3 on: Tuesday 01 January 13 18:45 GMT (UK) »
Thank you for that explanation - definitely looks like they were in difficulties !


Offline Dave Jones

  • RootsChat Senior
  • ****
  • Posts: 332
    • View Profile
Re: Farm Auction - Possible Reasons?
« Reply #4 on: Friday 04 January 13 14:14 GMT (UK) »
   As you are probably aware the ownership of Woodseaves (as it is more commonly known) was subject to a legal dispute concerning earlier wills and marriage settlements, within the Beavan family.
   Although the cause of the farm disposal may have been financial difficulties, it seems more likely that the property had been seized as part of the dispute.

Offline Beavances

  • RootsChat Veteran
  • *****
  • Posts: 563
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Re: Farm Auction - Possible Reasons?
« Reply #5 on: Saturday 05 January 13 14:08 GMT (UK) »
I am not aware of disputes over land at Woodseves - can you tell me where I can find information about this?
I have the will of Thomas Beavan ( 1840) where he leaves the land to his wife Priscilla. I was suprised to find the enforced auction (1856) as it was by order of the Sherriff . Since then I have found another advert (1859) listing land at Woodseves for sale - by her son Herbert. So now I am really puzzled!

Offline Dave Jones

  • RootsChat Senior
  • ****
  • Posts: 332
    • View Profile
Re: Farm Auction - Possible Reasons?
« Reply #6 on: Saturday 05 January 13 16:59 GMT (UK) »
I hope the following notes help you. These are based on notes  made following research on the Clyro Court records held at Powys Archives, parish records, and newspaper reports, whilst researching a Thomas Baskerville Mynors Baskerville .

The will of Herbert Beavan, the Elder, of Clyro, Radnorshire, was proved at Brecon, in 1800, in which he left everything to his eldest son Herbert Beavan, the Younger, other than a rental income to his second son William Beavan.
   
Herbert Beavan the Younger of Clyro, married in 1814 at Llandewy, Radnorshire, to Ann Jones, daughter of Thomas Jones, of Gogie, Llowes. By deed of settlement dated 1st December 1813 he settled property , Lower House, Clyro, on his future wife.

Herbert Beavan, the Younger, of Lower House,  died in 1822,  and was buried at Clyro on 21st May, aged 70. The executors of his will were his widow Ann and Thomas Higgins attorney. He left everything to his wife, but the subsequent legal disputes hinged on whether he included the settled property, Lower Court

Ann, the widow of Herbert Beavan, the Younger, married Joseph Lewis in 1830. Joseph Lewis died  18th November 1850 at Lower House, Clyro, aged 42. She died intestate 1859, aged 74, in the Briton Ferry Asylum.

If these ages are correct then:
Marriage in 1814 Herbert Beavan (aged c62) Ann Jones (aged c29)
Marriage in 1830 Joseph Lewis (aged c22) Ann Beavan nee Jones (aged c45)

When Herbert Beavan, the Younger, died in 1822, he had no children, and although his wife inherited most of his assets, if the settled property was not included then on her subsequent death in 1859 this property would pass to his heir, or his successors.

Although William Beavan, the brother of Herbert Beavan, the Younger, was living at and farming Woodseaves, Eardisley, Herefordshire, the legal owner of this property would have been Herbert Beavan, the Younger, until 1822, when his widow Ann inherited it. On her death in 1859 ownership would have passed to her legal heirs.

The brother, William Beavan, of Clyro had married on 3rd August 1782 at Clifford, Herefordshire, to Ann Higgins of Clifford.
Their eldest son, Thomas Beavan, was christened at Eardisley, Herefordshire on 13th  February 1787.

On the death of William Beavan, of Woodseaves,  his rights passed to his eldest son Thomas Beavan.

Thomas Beavan married  Priscilla Williams, both of Clifford, at Clifford, Herefordshire on 14th February 1807.
Their eldest surviving son, Herbert William Beavan, was christened at Eardisley on 5th August 1815.
Thomas Beavan of Woodeaves, aged 49, died 16th July 1839  (buried at Clifford)

Following the death of Ann Lewis in 1859 administration  of her estate was granted in 1861 to her sister Meliora Llewellin, of Hay, Herefordshire, the wife of John Llewellin, timber merchant, being one of her Next of Kin.

I suspect that Meliora Llewellin and other family members had taken legal action to eject Priscilla Beavan and her family from Woodseaves (it being legally owned by Ann Lewis, who may well have been in the Asylum by then) hence its seizure and disposal by the Sheriff.

The case of Llewellin v Probert (The Probert refers Lewis Probert of Ledbury, Herefordshire ) in 1860s concerned the original settled property Lower House, Clyro, which had been occupied by Ann Lewis,  and if it was owned by her Llewellin heirs or by Herbert William Beavan, the son of Priscilla Beavan nee Williams. The courts found in favour of the Llewellin family.

It is a pity that the courts did not find that Herbert William Beavan was the legal owner as on his death in 1867 at Witney his rights may have passed to his daughter Catherine Fortune Wanklyn nee Beavan. HWB had abandoned Fortune (and his wife Catherine) in 1851 leaving them in Hay workhouse.!

Offline Beavances

  • RootsChat Veteran
  • *****
  • Posts: 563
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Re: Farm Auction - Possible Reasons?
« Reply #7 on: Saturday 05 January 13 19:08 GMT (UK) »
Thank you so much for what you have posted here - it has been so helpful. Not only have you been able to explain the land issues but you have given me earlier history which I had not been able to find about. I have sent you  a PM. Thank you to all who have thrown light on my original post.

Offline halfasheep

  • RootsChat Veteran
  • *****
  • Posts: 848
  • White and Buckley family
    • View Profile
Re: Farm Auction - Possible Reasons?
« Reply #8 on: Wednesday 24 April 13 12:28 BST (UK) »
Hi Beavances, coincidentally I have a similar situation with my Herefordshire line. I have an article from the law times showing a case allowing females to inherit that my family were involved in. However, I have since come across multiple newspaper articles involving the same family where the farm inherited was put up for auction in the same manner.

It appears my relative, who owned the farm, also had a pub at one time in Hereford, but spent time in prison due to bankruptcy. Not entirely sure how they got the farm back.

The Hereford Times (I think) has lots of adverts surrounding these auctions, and I think I found them on the British Newspapers website
census info is Crown Copyright from www.nationalarchives.gov.uk

Buckley - Maesteg, Tipperary
Lane - Waterford
Hughes - Hay/Hereford
Hobby - Byford
Evans - Neath/Cadoxton
Whitty - Wexford, South Wales
Connell - Ireland, and possibly Liverpool
White - Kinsale, Cork
Ahearn(?) - Glanmire, Cork
Millward - Merthyr, Maesteg