[Document ref: 1845-1]
[Transcribed by NM July 2009]

Dated 4 June 1845

Mr John Barratt

to

Mr William Barratt

Conveyance of certain customary closes of land situate in Church Coniston in the County of Lancaster.

Conson. £70

R Y R Moser
Kendal

---

This Indenture made this fourth day of June in the year of our Lord one thousand eight hundred and forty five

Between John Barratt of Coniston in the County of Lancaster Gentleman on the first part and William Barratt of the same place Gentleman of the other part

Whereas the said John Barratt is seized of or well entitled to the inheritance in fee simple according to the custom of the Manor of Coniston of and in the customary hereditaments hereinafter described and intended to be hereby granted surrendered and conveyed

And whereas the said William Barratt hath contracted with the said John Barratt for the absolute purchase of the said customary hereditaments at or for the price or sum of seventy pounds

And this indenture witnesseth that in consideration of the sum of seventy pounds of lawful money of Great Britain paid by the said William Barratt to the said John Barratt at or before the execution of these presents the receipt whereof the said John Barratt hath granted bargained sold surrendered conveyed and confirmed and by these presents doth grant bargain sell surrender convey and confirm unto the said William Barratt and his heirs and assigns

All that piece of parcel of all those two customary closes or enclosures of land called and commonly known by the several names of High Holling How and Low Holling How situate and being at Church Coniston in the said county of Lancaster holden of Lady le Fleming as parcel of the Manor of Coniston aforesaid by payment of the apportioned customary yearly rent of one shilling and six pence (part of the yearly customary rent of two shillings and four pence) containing by admeasurement three roods and twenty three perches statute measure or thereabouts the same more or less bounded on or towards the West and North by other part of High Holling How and partly by Far End on or towards the South West and South by other part of Low Holling How and on the East by the road loading from Coniston to Yewdale which said piece or parcel of land intended to be hereby granted surrendered and conveyed with the appurtenances is more particularly delineated or described on the plan drawn in the margin of these presents and coloured GREEN and is now in the occupation of the said William Barratt

Together with all and singular houses outhouses edifices buildings now erecting and building thereon and all courtyards gardens orchards lands grounds meadows feedings pastures trees woods underwoods hedges walls fences ditches commons common right common of pasture and turbary ways wastes paths passages lights easements rights liberties privileges profits commodities and appurtenances whatsoever to the said piece or parcel of land and hereditaments hereby granted surrendered and conveyed or otherwise assured or intended so to be or any of them or any part or parts thereof belonging or in any wise appurtenancing or usually held occupied or enjoyed therewith

And the reversion and reversions remainder and remainders yearly and other rents issues and profits thereof and of every part thereof

And all the estate right title interest property claim and demand whatsoever both at law in equity and by custom of him the said John Barratt into out of an upon the same customary hereditaments and premises and every part thereof

To have and to hold the said piece or parcel of land and all and singular other the customary hereditaments hereinafter described and hereby granted surrendered and conveyed or otherwise addressed or intended so to be with the appurtenances unto the said William Barratt his heirs and assigns 

To the only proper use and behoof of the said William Barratt his heirs and assigns for ever according to the custom of the Manor of Coniston of which the same is parcel

Yielding and paying therefore the said customary yearly rent of one shilling and six pence on the usual and accustomed rent day and doing paying and performing all other dues duties suits and services therefore due and right accustomed at the days and times usual and accustomed for payment and performance thereof respectively

And the said John Barratt for himself his heirs executors and administrators doth hereby covenant provide and agree with and to the said William Barratt his heirs and assigns by these presents in manner following that is to say that for and notwithstanding any act deed matter or thing whatsoever by him the said John Barratt made dome committed omitted or knowingly suffered to the contrary he the said John Barratt now hath in himself good right full power and lawful and absolute authority by these presents to grant surrender and convey or otherwise assure the said piece or parcel of land and hereditaments hereby granted surrendered and conveyed or otherwise assured or intended so to be with the appurtenances to the said William Barratt his heirs and assigns in manner aforesaid according to the true intents and meaning of these presents

And also that it shall and may be lawful to and for the said William Barratt his heirs and assigns from time to time and at all times hereafter peaceably and quietly to have hold occupy possess or enjoy the said piece or parcel of land and hereditaments hereby granted surrendered and conveyed or otherwise assured or intended so to be with the appurtenances and the rents and profits thereof and of every part thereof to receive and take accordingly without any denial eviction interruption claim or demand whatsoever what or by the said John Barratt or his heirs or of or by any other person or persons lawfully or equitably claiming or to claim by him through under or in trust for him

And that free and clear and freely clearly and absolutely acquitted released exonerated and for ever discharged or otherwise by the said John Barratt his heirs executors and administrators well and effectually saved harmless and kept indemnified of harm and against all and other estates titles troubles charges and incumbrances whatsoever had made executed or suffered by the said John Barratt or by any person or persons lawfully or equitably claiming or to claim by him through under or in trust for him or by or though his acts defaults priority or procurement

And further that the said John Barratt and his heirs and all or every other persons and person whomsoever having or claiming or or who shall or may hereafter have or claim any estate right title or interest at law in equity or by custom of in to or out the said piece or parcel of land and hereditaments hereby granted surrendered and conveyed or otherwise assured or intended so to be and the appurtenances by him through under or in trust for him shall and will from time to time and at all times hereafter upon every reasonable request and at the proper costs or charges in the law of the said William Barratt his heirs and assigns make acknowledge and execute or cause or procure to be made done acknowledged and executed all such further and other lawful and reasonable acts deeds conveyances and assurances in the law whatsoever for the further better more perfectly and absolutely granting and surrendering and conveying or otherwise assuring of the said piece or parcel of land and hereditaments hereby granted surrendered and conveyed or otherwise assured or intended so to be and the appurtenances to the said William Barratt his heirs and assigns in the manner aforesaid and according to the true intent and meaning of these presents and by the said William Barratt his heirs or assigns on his or their counsel in the law shall be lawfully and reasonably devised or advised and required

And lastly that the said John Barratt his heirs executors administrators and assigns shall and will from time to time and at all times hereafter unless prevented by fire or some or other inevitable accident upon request and at the costs and charges of the said William Barratt his heirs or assigns produce and shew or cause to produce or be produced and shew unto the said William Barratt his heirs or assigns or to his their or any of their counsel attornies solicitors or agents or at any trial or hearing commission or examination in or directed by any Court or Courts of law or equity or other Court of judication in the United Kingdom or otherwise as often as occasion shall require all and singular or any or either of the deeds instruments and writings specified in the schedule hereunder written for the purpose of manifesting and defending the title or possession of him the said William Barratt his heirs or assigns in or to the said piece or parcel of land and premises hereby assured or any part thereof and shall and will unless so prevented as aforesaid at the like request costs and charges of the said William Barratt his heirs or assigns deliver to him or them any abstract or abstracts copy or copies such copy or copies to be attested if required of all or any of the said deeds instruments and writings and shall and will permit and suffer the said William Barratt his heirs or assigns to compare and examine the same copies with the Originals

In Witness whereof the said parties hereto have hereunto set their hands and seals the day and year above written

The SCHEDULE above referred to
1826 February 14th Indenture made between Margaret Fleming of the first part George Fleming and Adam Fleming of the second part and William Tyson Bamford of the third part
1838 April 2nd Indenture made between the said William Tyson Bamford of the first part Joseph Wilson of the second part and the said John Barratt of the third part
1840 June 13th Indenture made between the said John Barratt of the first part and John Taylor of the other part
1842 September 29th Indenture made between the said John Taylor on the first part and the said John Barratt on the other part

[Signed with seal] John Barratt

----

[Reverse side:]

Signed Sealed and Delivered (being first duly stamped) by the within named John Barratt in the presence of
[Signed] John Satterthwaite, Ulverston, Ironmonger
[Signed] William Davey, Thwaite Cottage, Hawkshead, Lancashire

Received the day and year first within written of and from the within named William Barratt the within mentioned sum of seventy pounds in full satisfaction and discharge of the consideration money to be by him to me paid witness my hand
[Signed] John Barratt
Witness
[Signed] John Satterthwaite
[Signed] William Davey

[alongside the above, written in a different hand:]
Manor of Coniston in the County of Lancaster
Presented and allowed at a court holden in and for the said manor this 23rd day of June 1845
Roger Moser
Steward

[END]