Assignment of mortgage indenture, Swaffham Bulbeck and Swaffham Prior, Cambridgeshire

Whereas by Indenture dated 24 July 1761 [Doc 427] Thomas Eaton of Bulmer, Essex, and Mary his wife mortgaged to John Willett of Cambridge certain land in the above parishes for the term of one thousand years; and whereas a fine was levied by Thomas Eaton and Mary his wife of the same land to Thomas Cheetham of Cambridge and his heirs to the use of John Willett for the said term; and whereas default was made in payment and the estate of John Willett became absolute in law; and whereas by Indenture dated 16 July 1785 [Doc 435] reciting that by Indenture of Assignment dated 19 June 1779 the remainder of the term of a thousand years became vested in Sarah Fowle of Cambridge and Mary Fowle of the same, and that Sarah Fowle by will dated 1780 bequeathed her estate to her sister Mary Fowle, and that Mary Fowle by will dated 1 July 1783 appointed William Fisher executor and residuary legatee, and that default had been made in the payment of the capital sum, and that William Fisher having recalled the sum Thomas Eaton had applied to Francis Mann of Lolworth, Cambridgeshire, William Fisher and Thomas Eaton assigned to Francis Mann the lands in question for the remainder of the term of one thousand years at a peppercorn rent with a proviso for redemption; and whereas default was made in payment and the remainder became vested in Francis Mann; and whereas the capital sum only is due; and whereas Thomas Eaton has agreed to sell the above and other lands to Benjamin Barker of Swaffham Bulbeck; Francis Mann and Thomas Eaton assign to Thomas Bowyer of Swaffham Bulbeck the land in question for the remainder of the term of one thousand years in trust for Benjamin Barker of Swaffham Bulbeck and his heirs or to whatever person he appoints, and for want of appointment in trust to wait upon the fee simple. Witnesses: (for Thomas Eaton) Thomas Bullen of Cambridge, John Harvey, servant to Mr Bullen; (for Francis Mann) Charles Martindale, Thomas Bullen. On the back is a receipt for the consideration money signed by Francis Mann. Witnesses: the same. Three seals are attached.

Unless restrictions apply, the collection is open for consultation by researchers using the Manuscripts Reading Room at Cambridge University Library. For further details on conditions governing access please contact mss@lib.cam.ac.uk. Information about opening hours and obtaining a Cambridge University Library reader's ticket is available from the Library's website (www.lib.cam.ac.uk).

Purchased from John Whitaker, Cambridge (from Hove, Sussex) 13 August 1917 (With this cf Add 5958(14), the original of which was bought from E. Williams, 37 New Town, Hove, Sussex. Mr Whitaker's lot from Hove presumably came from the same vendor.

A catalogue of the collection can be found on ArchiveSearch.