[Document ref: 1861-1] [Transcribed by NM, June 2009] Dated 1861 Mr William Barratt to Mr Edward Tyson & anr. Mortgage of a Dwellinghouse at Church Coniston for securing £500 & Interest Nicholson Solicitors Ambleside --- [Stamp: TWELVE SHILLINGS & SIX PENCE] [Stamp: WESTMORELAND 11.2.56] This Indenture made the Fourteenth day of February One thousand eight hundred and Sixty one Between William Barratt of Church Coniston in the parish of Ulverston in the County of Lancaster Mining Agent of the one Part and Edward Tyson of Ambleside in the County of Westmoreland Joiner and John Nicholson of the same place Gentleman of the other part Witnesseth that in Consideration of the sum of Five hundred pounds this day paid by the said Edward Tyson and John Nicholson to the said William Barratt (the receipt whereof is hereby acknowledged) He the said William Barratt doth by these presents grant bargain sell alien surrender and convey unto the said Edward Tyson and John Nicholson their heirs and assigns All that piece or parcel of all those Closes or Inclosures of Customary Land called and commonly known by the several names of High Holling How and Low Holling How situate lying and being at Church Coniston aforesaid and holden of Lady le Fleming as parcel of the Manor of Coniston aforesaid by the Payment of the apportioned yearly customary 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 be the same more or less bounded on or towards the West and North by other parts of the High Holling How and partly by the Far End on or towards the South West and South by another part of the Low Holling How and on the East by the Road leading from Coniston to Yewdale And also that Messuage and Tenement or Dwellinghouse which hath lately been erected on the said Parcel of Ground now called and known by the name of Holly How Cottage Together with all and singular the Appurtenances And all the estate right title interest use trust property claim and demand whatsoever both at Law and in Equity of him the said William Barratt of in to or out of the said premises or any part thereof To have and to hold the said hereditaments and all and singular other the Premises with the appurtenances unto the said Edward Tyson and John Nicholson their Heirs and Assigns for ever according to the custom of the Manor of Coniston aforesaid subject to the payment of the apportioned yearly customary rent of One shilling and six pence and also subject to the Proviso or Agreement hereinafter contained for redemption and reconveyance of the said Premises Provided Always that if the said William Barratt has Heirs executors Administrators or Assigns shall pay unto the said Edward Tyson and John Nicholson their Executors Administrators or Assigns the said sum of Five hundred pounds with interest for the same at the rate of Four pounds per centum per annum on the fourteenth day of February next without any deduction or abatement whatsoever then the said Edward Tyson and John Nicholson their heirs or Assigns will at any time thereafter upon the request and at the Cost of the said William Barratt his Heirs Executors Administrators or Assigns reconvey the said premises unto the said William Barratt his Heirs and Assigns or as he or they shall direct free from incumbrances by the said Edward Tyson and John Nicholson their Executors Administrators or Assigns And the said William Barratt for himself his Heirs Executors and Administrators doth covenant with the same Edward Tyson and John Nicholson their Executors Administrators and Assigns That the said William Barratt his Heirs Executors or Administrators will pay unto the said Edward Tyson and John Nicholson their Executors Administrators or Assigns the said sum of Five hundred pounds with Interest for the same in the meantime at the rate of four pounds per centum per annum without any deduction or abatement whatsoever And the said William Barratt hereby for himself his Heirs Executors and Administrators covenant with the said the said Edward Tyson and John Nicholson their Heirs and Assigns That the said William Barratt now hath power to grant and surrender the said premises to the use of the said Edward Tyson and John Nicholson their Heirs and Assigns free from incumbrances according to the custom of the Manor of Coniston aforesaid And that the said William Barratt and his Heirs and all other persons lawfully or equitably claiming any estate or interest in the said premises will at all times at the request of the said Edward Tyson and John Nicholson their Heirs Executors Administrators or Assigns but at the cost of the said William Barratt his heirs Executors or Administrators do and execute all such acts and assurances for further or better assuring all or any of the said premises to the use of the said Edward Tyson and John Nicholson their Heirs and Assigns in a manner aforesaid as by him or them shall be reasonably required And it is hereby declared that if default is made in payment of the said sum of Five hundred pounds with Interest thereon or any part thereof respectively on the fourteenth day of February next it shall be lawful for the said Edward Tyson and John Nicholson their Heirs Executors Administrators or Assigns at any time thereafter without any further consent on the part of the said William Barratt his Heirs or Assigns to sell the said premises or any part thereof either together or in parcels and either by public auction or private contract with full power to buy in or rescind any contract for sale and to resell without being responsible for any loss which may be occasioned thereby and to do and execute all such acts for effectuating any such sale as the said Edward Tyson and John Nicholson their Heirs Administrators or Assigns shall see fit And that upon a sale by any person or persons who may be not be seized of the legal estate the person in whom the legal estate shall be vested shall do and execute such acts and assurances for carrying the sale into effect as the person or persons by whom the sale be made shall direct And it is hereby declared that the receipt or receipts of the said Edward Tyson and John Nicholson or the survivor of them his Executors Administrators or Assigns for the purchase money of the premises sold or any part thereof shall effectually discharge the Purchaser or Purchasers therefrom and from being concerned to see to the application thereof or being accountable for the nonapplication or misapplication thereof And it is hereby also declared that the said Edward Tyson and John Nicholson their Executors Administrators and Assigns shall hold the moneys to arise from any sale in pursuance of the aforesaid Power Upon trust in the first place thereout to pay all the expenses incurred on such sale or otherwise in relation to the premises And in the next place to apply such moneys in or towards satisfaction of the moneys for the time being owing on the security of these presents And then to pay the surplus (if any) of the moneys arising from such sale unto the said William Barratt his Heirs or Assigns Provided always that the said Edward Tyson and John Nicholson their Executors Administrators or Assigns not be answerable for any involuntary losses which may happen in the exercise of the aforesaid powers and trusts or any of them And it is hereby declared by the said Edward Tyson and John Nicholson that the sum of Five hundred pounds so lent and advanced by them to the said William Barratt as hereinbefore expressed belongs to them on a joint account and that in the event of the death of either of them the said Edward Tyson and John Nicholson during the continuance of the said sum of Five hundred pounds or any part thereof on this present security the receipt or receipts of the survivor of them or the Executors or Administrators of such survivor shall be an effectual discharge or effectual discharges for the said sum of Five hundred pounds and the interest thereof or any part thereof to the person or persons paying the same The Witness whereof the said parties to these presents have hereunto set their hands and seals this day and year first above written Signed sealed and delivered by the said William Barratt in the presence of [signed] Thos Nicholson Clerk to Mr Nicholson for Ambleside [signed] William Barratt Signed sealed and delivered by the said Edward Tyson in the presence of [signed-illegible] [signed] Edward Tyson Received the day and year first before written of and from the within named Edward Tyson and John Nicholson the sum of Five hundred Pounds before mentioned as paid unto me- Witness [the document appears to be incomplete at this point] --- [Written on back:] Memorandum that all principal and interest due on the within written mortgage has this day been paid off and satisfied by the within named William Barratt and that I (being the surviving mortgagee) or my heirs executors or administrators will execute a [unclear-proper?] reconveyance of the within mentioned hereditaments [unclear-wherupon?] required so to do by the said William Barratt his heirs or assigns witness my hand this 17th day of May 1871 - Edward Tyson [END]