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