Old Deeds

[Coxon]

Hello,

I wasn't sure where to put this query.  I hope I have chosen the correct place!

Last year at Beverley Archives I photographed some old documents, for which I signed a copywrite agreement, so I haven't rescanned them for you to see.  (I don't really understand what I can and can't do with copywrite).  I have been able to read them all but I don't understand them.  At first I thought they were deeds to a property in York, but when I looked in a deeds book in York Library there was no mention of them and one of the parties mentioned in the docs - Mark Abbey- went bankrupt a few years later and the properties that they were selling off in the York newspaper, to pay for the bankruptcy, sounded very like the land described in the deeds.  I am very confused!

1st Doc on yellow parchment or oiled paper with a wavy line at the top.

"One thousand pounds of any part thereof shall remain secured upon the said Hereditaments and Premises and until the said Principal money together with the Interest thereof shall be fully satisfied and paid AND ALSO that he the said Mark Abbey his Heirs or Assigns shall and will from time to time within ten days after payment of the Premium for such Insurance deliver unto them the said Thomas Dale and Richard Dale.... "

It goes on to mention various people who also seem to be in the agreement and that the term of the agreement was to be for 500years.  It mentions two dates  the first one in 1719  (long before the Dale brothers were born, but I double checked the date) and 1809 which makes more sense.

The second doc.

"This Indenture made 16th October 1812 between Mark Abbey of the Parish of Saint Maurice without Monk Bar in the Suburbs of the City of York, Oatshller and Thomas Dale of Gowthorpe and Richard Dale of Sand Hutton both Yeomen"

and goes on to describe the land and buildings (Mill buildings?) that Mark Abbey has 'bargained and sold' to Richard and Thomas Dale.

The 3rd Doc is again an Indenture written on the 17th October 1812 between Mark Abbey and a William Thompson and Thomas Dale and Richard Dale it again mentions £1000.
"Whereas the said Mark Abbey having occasion to borrow and take up at Interest the Sum of One thousand Pounds hath applied to and prevailed upon the said Thomas Dale and Richard Dale to advance and lend him the same upon having the Repayment thereof secured in Manner hereinafter mentioned NOWTHIS INDENTURE WITNESSETH..."

Having read the above I can understand I may have confused you. If you think you can help but need more information, please let me know.  When Richard Dale died in 1827 his will didn't mention any propery and I can't find a will for Thomas Dale.


Thank you in anticipation,

Louise

[stanmapstone]

1st Doc on yellow parchment or oiled paper with a wavy line at the top.

An Indenture is an agreement in which the text is produced twice so that the document may be divided in half by an irregular cut, which would be used to verify that the document matched with its other half. This system was used in title deeds among other documents.

Stan

[Coxon]

Thank you Stan for your reply,

If it was a title deed this suggests they did buy the plot.  I shall look further at York library if I can find anything.

Thanks once again,

Louise

[newburychap]

The first one sounds like a mortgage - borrowing £1,000 using the property as all or part of the security.

The other two, dated a day apart, could be a sale by lease and release:
http://www.nottingham.ac.uk/manuscriptsandspecialcollections/researchguidance/deedsindepth/freehold/leaserelease.aspx

Perhaps they foreclosed!

The ealier C18th date may be part of the title to the property; describing its ownership history to demonstrate the owner has good title to it.

Without seeing the complete text it is difficult to be sure (even them C19th legalspeak is still very confusing).

[Coxon]

Hello,
Thank you for your message and the link.  I have had a quick click on the link and scanned the text.  I will read it in more depth tomorrow (9pm is my bed time and my brain stops working!!)  The picture of the document looked exactly like mine, including the seals and the text with it describes the same features and language as mine does.  If it is a lease and release then I shall have to work out who is buying and who is selling.  When I first read my document at Beverly archives I thought it was my Dales who were buying but they don't show up in any of the York directories and the York Georgian society haven't heard of them.  One of the men named in the document, Mark Abbey, did go bankrupt a few years later, so perhaps my Dales lost all their money to him.

I have a full transcript of the documents in my possession and I will compare them carefully with the ones on the link.

Thank you very much for your kind help.
Louise