An 'assignment' in Carlton in Craven

[Maggie J]

I have been researching a Joseph Tatham from Carlton in Craven and have found this notice in the 'Leeds Intelligencer'. which may give me a clue as to where to pursue my research. I thought at first it meant that Joseph had gone bankrupt but now I think not. Can anyone tell me what is likely to be going on? The notice is as follows -

Joseph Tatham’s creditors - 10 May 1788
Whereas Joseph Tatham of the parish of Carlton in Craven, hath duly assigned over all his goods, hattels, debts, personal estate and effects whatsoever, unto John Butler of the parish of Carlton aforesaid, and John Hartley of Pendle forest in the county of Lancashire, In trust for themselves and the rest of the creditors of the said Joseph Tatham who shall execute the said assignment on or before the 28th day of June next.
Notice is therefore hereby given that the said Assignment is left with the said John Butler for the inspection of and execution by the creditors of the said Joseph Tatham and such of them as shall not execute the same by the time aforesaid will be excluded from the benefit thereof.
All persons indebted to the said Joseph Tatham are hereby required to pay their respective debts without delay to the said John Butler otherwise actions will be forthwith commenced for recovery therof.

I think it is likely to be the sale of property but have looked in the past, in Wakefield archives, for the sale of property by this Joseph and haven't found one. If anyone knows anything about 18th century law I would appreciate their opinion.
By the wayhere were two Joseph Tathams in Carlton in Craven at this time, a Joseph and Hannah and a Joseph and Margaret. I am interested in the Joseph husband of Hannah.
 

[KGarrad]

Needs a legal person to answer, but it could be security on a loan?

Maybe a Chattel Mortgage?
See: https://en.wikipedia.org/wiki/Chattel_mortgage#England_and_Wales

[Jomot]

It sounds very much like a straightforward Deed of Assignment, whereby the assets of an insolvent debtor are assigned to a trustee, who would usually sell them and distribute the proceeds among all the creditors pro rata. 

However, if there were no other creditors, or their claims were fairly small, then the assets might simply be transferred to the main creditor, who would settle the others from his own funds.

Bankruptcy as we know it now did not apply to individuals in the 1700's, so this is likely an arrangement to avoid debtors prison. 

[Maggie J]

Thank you KGarred and Jomot. I did think it was due to debt at first but then the notice mentions money being owed to him, but I suppose they must have had to look at that as well.
I will read up on Chattel mortgages!
A similar family to Joseph's lived in Halifax around 1780 and I am trying to see whether there was a link or whether the two Josephs were the same man.
Thank you for your interest.
Maggie

[Jomot]

Any money owed to him is classed as an asset so yes, this will have been taken into account, hence the threat to take recovery action if they didn't pay up immediately. 

[Maggie J]

Thanks again Jomot.
Maggie J

[BushInn1746]

Hello

A Deed of Assignment by Joseph Tatham, in this case is a Document which the Creditors of Joseph Tatham have also signed and have agreed to the appointment of Assignees to take over Tatham's Estate and Effects (assets), his financial affairs, debts owed by Tatham to his creditors and money owed to Tatham by his debtors.

Any Creditors who were owed money by Tatham had to agree to sign the Deed of Assignment document, otherwise they will be excluded from any benefit.

Assignees had to have explicit permission of the other Creditors (hence the Deed of Assignment document) to sell or auction Tatham's assets and effects, also to collect in money owed to Tatham and make arrangements with debtors owing money, to pay to the Assignees.

It is likely, Tatham was unable to pay his debts to his Creditors, hence this action.

If you look at the newspaper of 22 September 1789 you will see the result. The Creditors may receive an equal Dividend of the Produce of the Estate and Effects of the said Joseph Tatham, by applying to Mr John Butler one of the Assignees and also the money collected in by the Assignees will be distributed amongst the said Creditors.

 ------------

I believe Carlton in Craven is in North Yorkshire and if you wish to see if he had any property. The property Memorial Registrations, might come under the Deeds Registry at Northallerton and not Wakefield? Yorkshire had more than one Deeds Registry.

Mark

[Maggie J]

Thank you Mark that is really helpful. The Joseph I am researching had a farm in Halifax in the 1780s but I can't find when he bought it, and his family seem to fit - in terms' of children's ages - with a family of Joseph Tatham in Carlton in Craven. I am trying different avenues of research in order to prove or disprove my theory. I have looked for him buying the Halifax property in Wakefield without success. I think Carlton is on the border of the two ridings so will try Northallerton for information about him selling up or giving up property there. It will be an excuse for a trip up there when the weather improves!
Thanks for your interest,
Maggie

[Jomot]

Is Joseph husband of Hannah the father of the Joseph, husband of Margaret?

Joseph Tatham born c1716 Haworth, Bradford married Hannah Midgley of Midgley 10 Apr 1748, Halifax.  Joseph was a Weaver and their first three children were born in Halifax (Midgley), including Joseph b1752 (who married Margaret Roberts), and the rest were born in Carlton in Craven.

West Yorkshire Archives have a 1752 Assignment document as follows:
1 John Feather of Haworth and John and Hannah Sunderland 2 Joseph Tatham of Midgley, weaver the apprenticeship of Michael Whittaker, a poor child, of Haworth, and lands in Haworth

There are several wills at the Borthwick Institute for members of the Tatham family in Midgley, so perhaps Joseph inherited the farm rather than bought it?  If the 1716 birth is correct then his father was Benjamin, and there is a will of Benjamin Tatham of Midgley dated 1747.

Benjamin seems to have had some interest in the Castle Carr Estate:
Property: A moiety of the Castle Carr Estate, being freehold lands in Midgley Main parties: John Farrer, Lord of the Manor of Midgley (1614-1651); William Midgley (1614); Samuel Walton (1615); Walker Family (1649-1709); Joshua Stansfield (1709-1742); Tatham Family (1747-1830); George Bischoff (1830) Includes: Probate of the will of William Walker of Castle Carr, yeoman (1674-1675) - Ref: CAC:1/6 Copy will of Benjamin Tatham of Castle Carr, yeoman (1747) - Ref: CAC:1/29 Inventory of the goods of John Tatham deceased of Castle Carr, yeoman (1778) - Ref: CAC: 1/31

Apologies if you've already looked at these.