1837 - John Hopcraft to Michael Rose

by Jon Malings

This Lease and Release contract is very similar to the others in this set.  The complication is that John Hopcraft has a mortgage on the property which Michael Rose takes over in the Release.  Not content with getting 5/- for the lease, John also manages to get another 10/- for agreeing to give up the mortgage.

For more details on how Lease and Release contracts work click here.
To see the transcript of the Lease in PDF format click here.

 

Winmour1837leasecover

 

Lease Summary

May 16 1837
Lease for a year
Mr John Hopcraft to Mr. Michael Rose

Witnesses:
William ?Tardy? Eyre of Deddington
Samuel Field of Deddington


THIS INDENTURE between
John Hopcraft of Deddington, Mason and
Mr. Michael Rose of North Aston, Yeoman

John Hopcraft leases to Michael Rose for one year, for five shillings, all that…”messuage (now in two tenements) being in Philcott Street, hereto before in several occupations of John Bennett and Mary Williams and of Benjamin Harris, William Wilkins and Ann Cleaver and now of the said John Hopcraft and William Banes.  The said messuage was purchased by John Hopcraft from Hannah Turner, Widow.

A messuage late in the tenure of Ann Knibbs, Widow and now of Thomas French being next on the South side

A messuage formerly in the occupation of Sarah Brommidge and Elizabeth Trinder and now of John Malins on the North side…..

TO THE INTENT and purpose that by virtue of these presents and force of the Statute made for transferring uses into possession the said Michael Rose may be in the actual possession of the said herein bargained and sold hereditaments and premises and may thereby be enabled to accept and take a Grant Release and assurance of the reversion freehold and Inheritance thereof to him.”

Release Summary 

This Release contains a number of unreadable lines and words due to damage to the manuscript..

 

Winmour1837receiptsmall

 

May 17 1837

Release of Messuage and Premises Subject to Mortgage therein

Mr John Hopcraft to Mr Michael Rose In trust for Mr. William Rose


Received on the day and year first within written of and for the within named William Rose the sum of twenty pounds being the full consideration money within mentioned to be by him paid to me

Signed Sealed and Delivered by the within mentioned John Hopcraft in the presence of

William ?Tardy Eyre
Samuel Field, Deddington

 

This Indenture made the seventeenth day of May in the year of our Lord one thousand eight hundred and thirty seven between

John Hopcraft of Deddington Mason of the first part
William Rose of the same place Joiner of the second part and
Michael Rose of North Aston Yeoman of the third part

WHEREAS by an Indenture of Demise or Mortgage bearing the date on or about the twenty ninth day of June in the year one thousand eight hundred and thirty and made between the said John Hopcraft of the one part and the said William Rose and George Rogers of Steeple Aston Blacksmith of the other part

FOR THE CONSIDERATIONS HEREIN MENTIONED the messuage cottage or tenement were granted or demised to the said William Rose and George Rogers for the term of one thousand years subject to the provisos herein for making the same Indenture void on payment by the said John Hopcraft to the said William Rose and George Rogers the sum of one hundred pounds with interest the same after the rate of £ five per annum due the 29th ? December then next but which was not payed accordingly

AND WHEREAS there is now due and owing to William Rose and George Rogers £100 all interest having been paid [two lines unreadable]

THIS INDENTURE WITNESSETH that in pursuance of this agreement and in consideration of the sum of Twenty Pounds…paid by William Rose to John Hopcraft in full consideration……for the absolute purchase of the fee simple and inheritance possession of the messuage… and hereby granted and released, subject nevertheless to the said recited Mortgage Security and the payment of Principal and Interest thereby

The said John Hopcraft doth hereby admit acknowledge and declare and of and from the said ?? and every part thereof doth ? and discharge the said William Rose…for ever by these presents and also in consideration of the sum of ten shillings of like lawful money …paid to the said John Hopcraft at the same time paid by the said Michael Rose the receipt whereof is hereby acknowledged

He the said John Hopcraft hath granted…to the said Michael Rose (in his actual possession now being by virtue of a bargain and sale to him thereof made by the said John Hopcraft in consideration of Five shillings by Indenture bearing date the day next before the day of the date of these presents [i.e. yesterday] for the term of one whole year…and by force of the Stature made for transfrerring uses into possession)

…all that messuage (now in two tenements) heretobefore in the several occupations of John Bennett and Mary Williams, since of Benjamin Harris, William Wilkins and Ann Cleaver and now in the tenure of John Hopcraft and William Banes.

Which cottage was bought by the said John Hopcraft from Hannah Turner, widow....