Indenture query

[Helena11a]

I recently viewed some deeds which may relate to our property.  I have one which involves the occupier at the time but I am not sure if it relates to our property or he was representing one of the other parties mentioned Thomas Martin?  The relevant section is the lines below the bottom fold on the attachment but it basically states

"Assigned, transfer and set over and ? by these present do assign and transfer over to the said Sampson Hackett by the nomination and appointment of the said Thomas Martin testified by he being made party here to and executing here of ....."

Any help appreciated

Helena

[goldie61]

Hi Helena
Because you have posted the whole indenture, it loses definition when you zoom in to try and read a part of it - so we can't see the words.
Can you just post the section of it you'd like help with? at as big a resolution as possible? - remembering there is a maximum size allowed for images on a post - can't quiet remember -  500 kb I think.

[Helena11a]

Sorry!  HAd a job getting it below 500kb but hope this is better

[Bookbox]

As far as I can see from the portion that can be read here, it’s an Assignment of Lease, consequent on a sale of the freehold, with four parties to the agreement.

(1) Samuel Fox is the current owner of the freehold property, which is leased to Robert Wagstaffe (500 years).
(2) Thomas Martin is buying the freehold from Samuel Fox, and is paying Robert Wagstaffe (5 shillings) to reassign the remainder of the lease to Sampson Hackett.
(3) Robert Wagstaffe is the current leaseholder, and is assigning the remainder of the lease to Sampson Hackett, as requested by Thomas Martin.
(4) Sampson Hackett will receive the remainder of the lease from Robert Wagstaffe, and he will be the new leaseholder under Thomas Martin.

That's my best effort, according to what can be seen. Does it fit with what you know?

[Helena11a]

Thanks for the reply, it doesn't quite fit in with what  I do know!
A few months ago  I did find (in the same collection) an abstract of title taken when Sampson Hackett junior sold the property to Charles Barnes in 1788.  It states htus

9th & 10th May 1700 indenture
John Hutchinson citizen of London and Dorothy his wife daughter of William Montgomery of Scropton, Michael Jesmond and Edward Ramsey of London tenant or farm at Hilton formally occupied by John Pole (deceased) now by Sampson Hackett
26th & 27th May 1704 lease and release
John Hutchinson citizen of London and Dorothy his wife daughter of William Montgomery of Scropton conveyed to Daniel Parker of Swarkstone for £546, Outbuildings, barnes, stable, orchard, garden and yards. 1a 1r 4p which Sampson Hackett (his son in law) does inhabit, formally inhabited by John Pole (dec)
3rd & 4th May 1711 lease and release
William Marshall the elder, William Marshall the younger to Sampson Hackett for £14 for 4 beastgates in Hilton called Matholme
1st May 1713 indenture
Francis Mansfield, John Mansfield to Sampson Hackett £32 16s for land called Horsleys and Netherfield in Hilton
1728 Will
Daniel Parker mercer of Swarkestone dies leaves his daughter Mary wife of Sampson Hackett 1/3 of his estate at Hilton, Etwall and Marston on Dove
29th November 1731 indenture
Sarah Taberner to Sampson Hackett £7 15 for land at Hilton Heath
1738
Mary wife of Sampson Hackett died and was buried 7th September
2nd March 1747 will
Sampson Hackett wrote his will and bequeath to his son William Hackett freehold messuage, farm or tenement and several closes, pieces or parcels of land and common land now in the occupation of Michael Wood to him and his heirs forever
1749
Sampson Hackett buried 25th July, will proved 16th April 1756 
etc

So it doesn't look like the same property to me? 

The DRO catalogue states the deed relates to the same property as in ref 978, the entry for this states
of a mortgage for 500 years by John Gisborne of Derby, esq, to William Woolley of Derby esq, in consideration of £800, of several messuages and lands with their appurtenances situated in Hilton and the parish of Marston upon Dove, 9 May 1719

I have a copy of that deed and no Hackett is mentioned!

Thanks again

Helena

[Bookbox]

So it doesn't look like the same property to me?

Without seeing more of this indenture in readable form, I'd be reluctant to say.

What is its date, and what is the name of the particular property you're interested in?

If you can post the rest of the indenture, in sections, displayed at a similar (or higher) resolution to the one in reply #2, it might be possible to help further. But unfortunately I won't have time to do it today, so anyone else should feel free to step in. 

[Helena11a]

Thank you I attach the full assignment of mortgage (as the DRO catalogue terms it) the date is 5th Feb 1723/4.  The property does have a name which it has been known as from at least 1899 but doubt it was then.

I am currently looking through the catalogue relating to D157 to see if there are any other possible deeds

[Bookbox]

So it doesn't look like the same property to me?

I also think it is a different property.

Since the record office says the deed is an Assignment of Mortgage and not an Assignment of Lease (as I first thought), you should ignore my reply #3 above.

After reading the whole document and checking numerous reference sources, I still can’t work out who is the mortgagor and who the mortgagee, or to whom the mortgage is being assigned. It appears that after the transaction is complete, Sampson Hackett will be holding the property in trust for Thomas Martin, who will eventually have the reversion of the freehold, but beyond that I’m unsure of Sampson Hackett’s precise role.

I’ve transcribed below the last quarter of the document, in case anyone with a better head for 18th-century property deeds can fathom out what is happening. Failing that, you could try asking the record office for their interpretation. In my experience archivists are often very skilled at interpreting deeds.

==========

This Indenture therefore witnesseth that the said Robert Wagstaffe for and in considerac(i)on of the Sume

of Five Shillings to him in hand paid by the said Thomas Martin by and with the consent of the said Samuel Fox testifyed by his being made party hereto and executing hereof Hath assigned transferred and set over and by these presents Doth assigne transferr and

set over to the said Sampson Hackett by the nominac(i)on and appointment of the said Thomas Martin testifyed by his being made party hereto and executing hereof All and singular the aforesaid Messuages, Lands and premisses except before excepted

with their and every of their appurten(an)ces and all the estate right tythe and Interest whatsoever of him the said Robert Wagstaffe of and to the same and every part thereof To have and to hold all and singular the premisses herein before menc(i)oned to be purchased

by the same Thomas Martin of the said Samuel Fox (except as before excepted) to the said Sampson Hackett his Exec(ut)ors Admin(istrators) and assignes for and during all the rest residue and remainder of the said term of Five hundred years yet to come and unexpired in as

large ample and beneficial manner to all intents and purposes as the same were transferred and set over and assigned to the said Robert Wagstaffe    In Trust for the said Thomas Martin his heirs and assignes or such person or persons to whom the Freehold and Inheritance of

the said premisses shall belong and appertain to protect the same from subsequent incumbrances if any such there be  And the said Robert Wagstaffe doth hereby for himself his heirs Exec(utors) and Admin(istrators) covenant and agree to and with the said Thomas Martin his heirs

Exec(utors) and Adm(inistrators) that he the said Robert Wagstaffe hath(?) not wittingly or willingly done committed or suffered any act matter or thing whereby or wherewith the premisses before menc(i)oned to be hereby assigned or any part thereof are is shall or may be ^in any wise^ impeached

or incumbered in estate tythe charge or otherwise And Lastly the said Thomas Martin for himself his heirs Exec(utors) and Admin(istrators) and for every of them doth covenant promise grant and agree to and with the said Robert Wagstaffe his Exec(utors) and Admin(istrators) by these

presents That he the said Thomas Martin his heirs Exec(utors) and Admin(istrators) or some or one of them shall and will at his (or their or?) some or one of their own proper costs and charges defend save harmless and keep indempnifyed him the said Robert Wagstaffe his

heirs Executors and Admini(strators) of from and against all costs charges damages and expences which he ^them or any of them^ shall expend sustain or be put unto in Law or Equity or otherwise for or by reason of his making sealing or executing of these presents or for or by reason of

the premisses or of any thing that may be incident thereto (except only such Costs charges Damages and expences as he the said Robert Wagstaffe his heirs Exec(utors) or Admin(istrators) shall or may expend sustain or be put unto for or by reason of any breach of

the particular Covenants of him the said Robert Wagstaffe herein contained. In Witness whereof the parties first abovenamed to these present Indentures have interchangeably set their hands and seals the day and year first above written

[Helena11a]

Thank you very much, must admit I find deeds the most complicated part of genealogy and local history.

The DRO catalogue lists these

978
Assignment of a mortgage for 500 years by John Gisborne of Derby, esq, to William Woolley of Derby esq, in consideration of £800, of several messuages and lands with their appurtenances situated in Hilton and the parish of Marston upon Dove, 9 May 1719
979
Assignment of a mortgage for 500 years by William Woolley of Derby, esq, and Hugh Bateman the Younger of Derby, gent. to Robert Wagstaffe of Derby, gent in consideration of £800 of property and land as in MT/978 9 Sep 1720
980
Assignment of a mortgage for 500 years by Robert Wagstaff of Derby, gent., Samuel Fox of Derby, woollen draper, and Thomas Martin and of Hilton, draper, to Sampson Hackett of Hilton, yeoman, of property as in MT/978, 5 Feb 1723/4

So  I feel Sampson was involved in another property it appears.  I have searched through the catalogue again and come up with some other possible deeds to view and I hope to go back soon.

Thank you very much once again

Helena