Author Topic: DEFT, DEED, DRAFT OR DEBT or Some other word?  (Read 1240 times)

Offline Andy_T

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DEFT, DEED, DRAFT OR DEBT or Some other word?
« on: Thursday 02 February 23 10:40 GMT (UK) »
Hi Roots Chat,

I am transcribing some wills and Chancery High Court bills for my local history group and a case in Darleigh (Darley Abbey) near Derby in 1655  - 56. There is a word on first, second and last lines of the extract clip posted here in the image here that so am asking help to decipher:
First Line:
 "bill of complaint to this deft / deed / draft / debt / r.o.w. and at all times hereafter being . . ."And
Second Line:
" he answer and say as follows from and first this deft / deed / draft / debt / doth say that he "
 Last Line:
 " . . named and that about the same time, He this deft / deed / draft / debt /was possessed"

Thanks.
Andy_T
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Offline arthurk

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Re: DEFT, DEED, DRAFT OR DEBT or Some other word?
« Reply #1 on: Thursday 02 February 23 11:34 GMT (UK) »
I think it's probably an abbreviation for deforciant. [EDIT: actually it probably isn't - see following posts] This can mean one of two things:

(a) someone who keeps out of possession the rightful owner of an estate

(b) one of the parties in a final concord (the other being the plaintiff), which was part of a legal procedure by which land was transferred. This procedure took the form of a fake law suit in which both parties colluded, which may seem odd to us, but it's the way it was done.

I found this page which (briefly) refers to the role of a deforciant (no doubt there are others):

https://www.nottingham.ac.uk/manuscriptsandspecialcollections/researchguidance/deedsindepth/freehold/finalconcord.aspx

That site also has a useful glossary of legal terms:

https://www.nottingham.ac.uk/manuscriptsandspecialcollections/researchguidance/deedsindepth/glossary.aspx

Offline JenB

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Re: DEFT, DEED, DRAFT OR DEBT or Some other word?
« Reply #2 on: Thursday 02 February 23 11:48 GMT (UK) »
I'd been puzzling over that one.

You can tell it's an abbreviation because of the line running over the top of the word, which is called a contraction mark.
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Offline keldon

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Re: DEFT, DEED, DRAFT OR DEBT or Some other word?
« Reply #3 on: Thursday 02 February 23 12:13 GMT (UK) »
defendant?
defendaunt?


Offline arthurk

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Re: DEFT, DEED, DRAFT OR DEBT or Some other word?
« Reply #4 on: Thursday 02 February 23 13:19 GMT (UK) »
Yes, it could be just defendant, but because it seemed to be about land or tenure I wondered if there was anything more precise.

I think we really need to see more of the document in order to judge which is more likely.

Offline keldon

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Re: DEFT, DEED, DRAFT OR DEBT or Some other word?
« Reply #5 on: Thursday 02 February 23 16:16 GMT (UK) »
r.o.w. - now

Offline Andy_T

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Re: DEFT, DEED, DRAFT OR DEBT or Some other word?
« Reply #6 on: Thursday 02 February 23 17:15 GMT (UK) »
Thanks for all your replies and suggestions and for the interesting links about understanding legal terms and bills etc.

I think in this case the word was abbreviation of defendant and it is from the defendants answer.
The main issue according to plaintiff Thomas Godbehere was that John Mundy (defendant) of Markeaton, Derby had come to Darleigh (Darley Abbey) and informed Godbehere that 2 water corn mills and 3 adjoining closes belonging to Mundy were "seized in fee-simple". Also seized was a wall separating the closes owned by Mundy and an orchard owned by Goodbehere on the edge of the park where Godbehere's manor house stood.
Godbehere mentioned the 3 closes, 2 mills and a stone wall when Making his plaintiff case. A year later when Mundy answered he mentioned the stone wall against the orchard and that it was with wainscott?
Should this be waincroft, (a barn or storage shed) as I never heard of a wainscott attached to an outside wall?

I attached another snip of the defendant 's reply and my transcription  of it. Any further feedback or comments would be appreciated.

I think arthurk you are correct that this whole story is fishy as Godbehere after partly paying for the ownership of 3 closes and 2 mills, Mundy could not find the deed he'd bought from William Bullock of Norton and that later a "pretended deed" said to have been purchased from Bullock 3 years before was offered to Godbehere but he refused it and was asking for his part payment to be returned to him. If a real deed could not be found, Godbehere would not pay the residue of the balance of the purchase price agreed.

Andy_T


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Offline Andy_T

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Re: DEFT, DEED, DRAFT OR DEBT or Some other word?
« Reply #7 on: Thursday 02 February 23 17:22 GMT (UK) »
It should be heirs not horses in the transcribed line no. 2.
Andy_T
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Offline Andy_T

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Re: DEFT, DEED, DRAFT OR DEBT or Some other word?
« Reply #8 on: Thursday 02 February 23 17:35 GMT (UK) »
The wall and wainscott is easier to see here

Andy_T
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