Hodson’s Yard: 1813-1853 abstract of title

Summary:

Hodson's Yard: 1813-1853 abstract of title.
Hodson’s Yard: 1813-1853 abstract of title.
  1. This document is an abstract of title prepared in 1853 at the time of a new conveyance (detailed separately). An abstract of title is usually prepared when property is divided; in this case, the deeds and documents relating to transactions between 1813 and 1850 are likely to have gone to the owners of the other part of the divided property and this Abstract document has remained with the Hodson’s Yard/Hollies owners.
    • The original conveyance in 1803 & indenture of 1813 settles the estate of Hugh Parlby (baker) and the land moves into the ownership of John Corner; Thomas Milnes retains an interest.
    • Robert Corner is the son of Joseph Corner and grandson of the John Corner originally referenced in 1803.
    • Thomas Milnes is related to Hannah Morris (nee Milnes) – depending which Thomas Milnes is being referenced she is sister/aunt/great aunt etc.
    • There is no trace of a link between the Parlby family and either the Corner or Milnes families which implies the 1803 conveyance was purely a financial transaction (Hugh Parlby and John Corner were, however, neighbours).
    • 1803/1813 Conveyance (land jointly occupied); The two key family names are Corner and Milnes (see family history doc).
    • Also mentioned; Richard Dixon (occupier or owner) and Geo. Burbage of Gadsby – possibly previous joint owners/occupiers of the Fold Yard.
  2. Joseph Corner died in 1862 (he appears as a pauper in the 1851 census in Hickling but isn’t recorded in the Hickling census of 1861). The conveyance (also dated Sept 1853) is prepared for his eldest son, Robert. In 1853 Robert would have been aged 37 and was a shoemaker (per 1851 census). Joseph Corner is also named in the accompanying conveyance which appears to be in settlement of the estate of the late Sarah Davies.

Transactions:

  1. An earlier transaction is recited (without dates or values) between George Parr Daft (miller) of Eagle in Lincs (on one hand) and John Corner & Thomas Milnes (on the other); this is likely to be a mortgage.
  2. Mortgage arrangement between Hannah Morris (nee Milnes) and John Corner & Thomas Milnes – £300 is paid. Date unspecified – 1813? Interest payments are cited and ‘peppercorn rent’.
    • She is likely to be taking over the earlier mortgage from George Parr Daft.
    • Term of 1,000 years & peppercorn rent
    • Cessor terms (ie non-compliance with terms); repayment of £300 with lawful interest.
    • There is a familial relationship between Thomas Milnes and Hannah Morris (nee Milnes); there seems to be a Thomas Milnes in each generation which isn’t helpful. However, the Thomas Milnes and Hannah Morris referred to in the Hodson’s Yard documents appear to be brother/sister or nephew/aunt depending on which generation of Thomas Milnes.
    • Note: Hannah’s daughter, Sarah, married into the Daft family.
  3. 1818: The Mortgage is transferred from Hannah Morris to Thomas Leadbeater (grazier) of Little Dalby; Hannah Morris is said to have been in need of the capital (standard wording) and the property is re-mortgaged.
    • Thomas Leadbeater does not seem to be related to either the Corner or the Milnes families.
    • Note: Thomas Leadbeater takes over the residue/remainder of the 1,000 year term; this is also the case for each new mortgage-holder, below.
    • £300 remains the capital figure throughout the abstract.
  4. 1822: Mortgage is transferred from Thomas Leadbeater to Jane Moore (Long Clawson, spinster).
    • Jane Moore does not seem to be related to either the Corner or the Milnes families.
    • It is possible that she is the Jane Moore born 3rd July 1763 (parents Henry and Sarah Moore) in Long Clawson and who is buried, unmarried, in Long Clawson 8th August 1840 (age 77).
    • The transfer payment is £312 which includes interest of £12 (representing a year?).
  5. October 1834: Indenture between Jane Moore and John Corner and Sarah Davis:
    • Corner & Milnes families appear to have remained occupants of the property/properties
    • Sarah Davis/Davies (see family history doc); was the unmarried sister of John Davies (also unmarried) who was a farmer on Hickling Pastures. Census records describe her as his housekeeper. There are links in census records between Sarah Davies and the Corner family (not familial) and Sarah Davies and John Corner are roughly contemporaries; both being raised, living in and then being buried in Hickling – although the Davies household is noticeably more prosperous.
    • Jane Moore sells/cedes the mortgage to Sarah Davis; £300 interest up-to-date. John Corner retains an interest/proviso.
    • Sarah Davis is said to have been ‘prevailed upon by’ and to be acting under the ‘direction’ of John Corner; it may be that he is attempting to secure occupancy of the property for his heirs or a ‘right to buy’?
    • It seems that John Corner received 10s from Sarah Davis as part of this transaction but it isn’t stated what this is for (it may be a balancing payment for interest pd/unpaid?) or perhaps he was acting on her behalf as an informal agent.
    • There is a proviso that if John Corner can repay the capital amount of £300 (plus agreed levels of interest) by the 28th April next then Sarah Davies agrees to transfer the property to him. There is no sign that he was able to do this.
    • In the 1841 census, John Corner is listed as an agricultural labourer – it is very unlikely that he could have repaid the £300 capital amount of the mortgage (either during his lifetime or from his estate)
    • The property moves into the hands of Sarah Davis.
    • However, it is unclear on what basis John Corner had the right/need to; ‘grant ratify & confirm unto said Sarah Davis her executors administrators and assigns all the aforesaid premises’ etc (p.4 lines 32-34).
    • John Corner’s Will is transcribed as part of the abstract.
      • *There is a transcription error in the abstract; the Will is severally dated 11th February 1830 and 11th February 1836. The conveyance of the same date confirms the date as 1836.
      • John Corner’s wife, Elizabeth, and son, Septimus, are named as executors
      • The Will bequeaths everything to his wife during her lifetime; on her death, individual bequests of £5 are made to each of his sons.
      • John Corner died in 1846 (age 86).
  6. 1850 & 1853: Sarah Davies wrote her Will on 19th October 1850. She died on 21st May 1853.
    • (see separate family records document)
    • She appointed two executors who were also her sole beneficiaries: William Collishaw (the younger of Waterlane Farm) and John Thurman (of Hickling Pastures).
    • Her Will is proved by both Executors in the prerogative Court of York on the 22nd of Sept 1853.
  7. Sept 1853: Septimus Corner takes receipt of the £5 bequeathed to him in his father’s Will
    • This is 4 years after his mother’s death in 1849 – there is an implied link between the settlement of John & Elizabeth Corner’s estate and the estate of Sarah Davies.
  8. (Sept 1853: see accompanying conveyance relating to the settlement of the estate of Sarah Davies and referencing Joseph and Robert Corner.)

Transcript:

Titles:

  1. Abstract of the Title of Mr Joseph Corner to an Estate at Hickling in the County of Nottinghamshire
  2. For Robert Corner
  3. Latham Melton Mowbray

Frequent abbreviations and shorthand make the following pages difficult to interpret in places; common words affected appear to be: aforesaid/said; together (toger); executors; administrators; appurtenances; application; received; survivor; obtained; ‘&’ is written as the first letter of the following word; indenture; covenant; consideration; principle; interest; settle; nevertheless; deceased; messuage; another; adjoining; estimation; mentioned; respectively; ground; situate.

  • Also, the use of ‘@’ to show letters are missing.
  • Also; ‘&c’/etc symbol (transcribed as ~) – used to mark the end of a line and to prevent additional text being added.

Page 1:

  1. Abstract of the title of Mr Joseph
  2. Corner to an estate at Hickling
  3. In the County of Nottingham.
  4. 7th April 1813 By indenture of this date made between John Corner of Hickling in the County
  5. of Nottingham yeoman & Thomas Milnes of the same place yeoman of the one part &
  6. Hannah Morris of Hickling aforesaid widow of the other part
  7. After reciting indenture of feoffment of 27th April 1803 made between Hugh
  8. Parlby of the Hut Tavern in the Parish of Newstead in the County of
  9. Nottingham victualler of the 1st part Margaret Bower of the Hut Tavern
  10. aforesaid widow of the 2nd part said John Corner of 3rd part & said Thos Milnes of
  11. 4th part the messuage or tenement garden & heredits thereinafter described were
  12. for the considerations therein mentioned granted enfeoffed & conveyed unto the said John
  13. Corner his heirs & assigns to the following uses To the use of said John Corner &
  14. his assigns during his natural life remainder to the use of said Thos
  15. Milnes & his heirs during the life of said John Corner in trust for
  16. him & his assigns and after the determination of the use or estate so limited to
  17. aforesaid Thos Milnes & his heirs as aforesaid to the use of the heirs & assigns
  18. of aforesaid John Corner for ever.
  19. And also reciting indentures of Lease & Release bearing date respectively the
  20. [long gap ~] days of that instant [long gap] & made between George Parr Daft
  21. of Eagle in the County of Lincoln miller (as therein described) of the one part
  22. & said John Corner & Thos Milnes of the other part [the] Close of Pasture or
  23. inclosed ground & heredits thereinafter described was for the considerations therein
  24. mentioned granted & released unto said John Corner & Thos Milnes & the heirs
  25. & assigns of said John Corner for ever
  26. It is witnessed that in consideration of the sum of £300 to said John Corner paid by
  27. said Hannah Morris [the] said John Corner did grant bargain sell & demise & said
  28. Thos Milnes (at the request & by the direction of said John Corner testified as therein mentioned) Did bargain sell & demise unto the said Hannah Morris her executors
  29. administrators and assigns
  30. All that messuage or tenement with the garden & appurtenances thereto belonging & adjoining situate and being at Hickling aforesaid

Page 2:

  1. Theretofore in the tenure or occupation of said John Parlby
  2. Baker deceased then lately in the possession or occupation of
  3. one Richard Dixon but then of [long gap] his assignee or assigns
  4. and also that moiety or half part of a certain […]
  5. large fold yard adjoining to the said messuage which
  6. fold yard belonged jointly to the owners of said messuage
  7. thereby demised & the owners of another messuage thereto adjoining
  8. formerly the property of Geo. Burbage of Gadsby in the
  9. County of Leicester mercer but then the property & in the occupation
  10. Of said John Corner and which fold yard had been usually
  11. enjoyed by the owners or occupiers of said messuages accordingly
  12. And also all that close of pasture or inclosed ground
  13. situate lying and being in Hickling aforesaid and called or known
  14. by the name of Cake Lane Close containing by estimation
  15. two acres and an half or thereabouts (was the same more
  16. or less) formerly in the tenure or occupation of [long gap]
  17. [long gap] but then of said John Corner his assignee or assigns
  18. together with all outhouses etc
  19. and the reversion etc
  20. and all the estate
  21. To hold unto said Hannah Morris her executors, administrators and assigns for the term of
  22. 1000 years at a pepper corn rent.
  23. Proviso for [cessor* (*a tenant who neglects the terms of his tenure)] of said term on payment by said John Corner his heirs executors or
  24. administrators unto said Hannah Morris her executors administrators or assigns of the sum of
  25. £300 with lawful interest upon the 7th October then next ensuing without
  26. Deduction (except income tax)
  27. Usual mortgage covenants
  28. Executed by John Corner & Thos Milnes & attested
  29. Receipt for £300 indorsed signed & witnessed
  30. 2[6]th April 1818 By indenture of assignment of this date made between said Hannah Morris
  31. Of the one part & Thos Leadbeater of Little Dalby in the County of Leicester
  32. Grazier of the other part
  33. After reciting the last abstracted indenture
  34. Also reciting that said sum of £300 & interest was not paid at
  35. The time mentioned in said last abstracted indenture of mortgage whereby the

Page 3:

  1. Estate & interest of said Hannah Morris in said premises in law
  2. Became absolute
  3. Also reciting there was then due to said Hannah Morris said principle
  4. sum of £300 & no more all interest having been paid.
  5. And also reciting there was then due to said Hannah Morris having occasion
  6. for [use of] £300 had applied to said Thos Leadbeater to advance same
  7. which he had agreed on has […] an assignment made to him of the residue
  8. of said term of 1000 years for securing the repayment thereof with interest
  9. It is witnessed that in consideration of the sum of £300 to her said Hannah
  10. Morris in hand paid by said Thos Leadbeater the said Hannah Morris did bargain
  11. Sell assign transfer and settle over unto said Thos Leadbeater his executors, administrators and assigns ~
  12. All the aforesaid premises
  13. Together with all houses ~
  14. And all the Estate ~
  15. To hold unto the said Thomas Leadbeater his executors Administrators and assigns for all the then
  16. Residue of said term of 1000 years therein in as full complete & beneficial a manner
  17. To all intents and purposes as said Hannah Morris her executors or administrators could
  18. Have held or enjoyed the same subject [nevertheless] to all equity of redemption affecting the same
  19. Covenant by said Hannah Morris that she had not incumbered
  20. Executed by said Hannah Morris & attested
  21. Receipt for £300 indorsed signed & witnessed
  22. 29th October 1822 By indenture of assignment of this date made between the said Thomas Leadbeater
  23. of the one part and Jane Moore of Long Clawson in said County of Leicester spinster of the other part.
  24. After reciting that said sum of £300 & interest was not paid to said Thomas
  25. Leadbeater whereby his estate & will therein had become absolute in law
  26. Also reciting that there was then due to said Thos Leadbeater the principal
  27. Sum of £300 & no more all interest having been paid
  28. And also reciting that said Thomas Leadbeater having occasion for said sum of
  29. £300 had applied to said Jane Moore to advance same which she had
  30. Agreed to do on having an assignment of the residue of said term of 1000 years
  31. Ade to her for securing the repayment thereof with will
  32. It is witnessed that in consideration of the sum of £300 to him said Thomas
  33. Leadbeater paid by said Jane Moore the said Thos Leadbeater did bargain sell assign

Page 4:

  1. transfer & settle over unto aforesaid Jane Moore her executors admins & assigns
  2. all the afiresaid premises
  3. together with all houses ~
  4. and the reversion ~
  5. and all the estate ~
  6. To hold same with all the appurtenances unto said Jane Moore her administrators
  7. and assigns thenceforth for all the then residue of said term of 1000 years
  8. then to come & unexpired in as full ample & beneficial a manner to all
  9. intents & purposes as he said Thos Leadbeater his executors or administrators could have
  10. held or enjoyed the same if the now abstracting indenture had not been used
  11. subject [nevertheless] to all equity of redemption of the person or persons entitled thereto
  12. Covenant by Thos Leadbeater that he had not incumbered.
  13. Executed by Thos Leadbeater & attested
  14. Receipt for £300 indorsed signed & witnessed
  15. Receipt on 28th October 1834 for £312 for principal &
  16. Interest up to that day & undertaking to assign over the
  17. Premises when required (signed) Jane Moore & witnessed.
  18. 20th October 1834 By indenture of [assignment] of this date made between the said Jane Moore of the
  19. 1st part said John Corner of the 2nd part & Sarah Davis of Hickling aforesaid spinster
  20. Of the 3rd part
  21. After reciting the 3 last abstracted indentures
  22. Also reciting that there was then due to said Jane Moore the sum of
  23. £300 only principal money all interest having been paid.
  24. And also reciting that said Jane Moore having occasion for said
  25. Sum of £300 the said John Corner had prevailed upon said Sarah Davis
  26. to advance the same on security of said heredits and premises as
  27. thereinafter mentioned
  28. It is witnessed that in consideration of £300 to her said Jane Moore paid
  29. By said Sarah Davis (at the request & by the direction of said John Corner testified ~
  30. Being in satisfaction of said mortgage debt and also in consideration of [10s] to said John
  31. Corner paid by said Sarah Davis the said Jane Moore (at the request & by the
  32. Direction of said John Corner testified etc) Did assign transfer & [set] over and said
  33. John Corner did grant ratify & confirm unto said Sarah Davis her executors
  34. administrators and assigns

Page 5:

  1. All the aforesaid premises.
  2. Together with all houses ~
  3. And the reversion ~
  4. And all the Estate ~
  5. To hold the same with the appurtenances unto the aforesaid Sarah Davis her executors
  6. administrators and assigns for all the residue of aforesaid term of 1000 years without
  7. impeachment of waste freed and discharged of the Provisoes in aforesaid before
  8. abstracted [sundries] contained But subject [ne…] to the Proviso
  9. thereinafter mentioned
  10. Proviso that if said John Corner his heirs executors or administrators or any of them
  11. should pay or cause to be paid unto said Sarah Davis her executors administrators or assigns
  12. the full sum of £300 with interest for same after the rate of £3.10.0 per
  13. cent per ann[um]: upon the 28th April next ensuing the date thereof without any
  14. deduction thereout then said Sarah Davis her executors administrators and assigns would at
  15. the request and costs of said John Corner his heirs or assigns surrender or reassign
  16. the remainder of said term of 1000 years in said heredity unto said John Corner his heirs
  17. and assigns.
  18. Covenant by said John corner for payment of said £300 & interest.
  19. Covenant by said Jane Moore that she had done no act to incumber
  20. Executed by said Jane Moore & John corner & attested
  21. Receipt for £300 indorsed signed & witnessed
  22. 11th February 1830*
  23. The said John Corner made his Will of this date in the words following
  24. “This is the last Will and Testament of John corner the elder of the Parish
  25. of Hickling in the County of Nottingham. I John Corner of the Parish of
  26. Hickling in the County of Nottingham do hereby make this my last Will &
  27. Testament I do constitute and appoint my dear wife Elizabeth Corner and my
  28. Son Septimus Corner to be my joint Executors. I give and bequeath to my
  29. Wife aforesaid all my several goods and chattels of which I may die possessed
  30. Also my Dwelling house and Orchard containing one acre of Land or
  31. thereabouts both situate in Hickling aforesaid for her sole use and benefit.
  32. during the term of her natural life and at the decease of my said Wife Hereby
  33. define my Executor Septimus Corner to pay to himself the sum of five pounds
  34. out of the Messuage and Tenement aforesaid and then out of the same [desire]
  35. my said executor to pay to each of my sons severally underwritten the
  36. sum of five pounds that is to say to Joseph Corner of Hickling five pounds

Page 6:

  1. (in pencil) Mrs Clay: [Allgate] – also names (line 2) John Corner & Daniel underlined in pencil
  2. To John Corner junior of Doncaster five pounds and to Daniel Corner
  3. of Thurgarton five pounds. The Witness whereof. I have hereunto set my
  4. hand and seal on this eleventh day of February in the year of
  5. our Lord One thousand eight hundred and thirty six*
  6. Signed published and declared to
  7. be the last Will & Testament of John
  8. Corner aforesaid in the presence of us
  9. who in his presence and in the
  10. presence of each other and at his
  11. request have hereunto subscribed our
  12. names
  13. (bracketed next to lines 6-12) John [… circled initials] Corner
  14. Edw: Anderson Rector of Hickling
  15. John Starbuck
  16. Elizabeth Elliott
  17. 19th October 1850. By Will of this date the [aforesaid] Sarah Davies
  18. Gave & Devised
  19. All her estate & interest of […] in any Mess[uag]es
  20. Lands Tenements [… what … whof] she was
  21. seized or whereunto she was entitled as […] or […]
  22. unto [scored through] John Thurman […] described
  23. as of Hickling Pastures in the Parish of Hickling
  24. aforesaid William Collishaw […] described
  25. as the younger of Water Lane in Hickling aforesaid
  26. their […] & [ass…]
  27. Upon Trust to stand seized thereof or convey [exercise]
  28. and make use of the same in such manner as
  29. she could or might have been required to do if living.
  30. And [these] Testatrix appoint the aforesaid John Thurman & Wm Collishaw joint
  31. Executors in trust of that her Will
  32. And the aforesaid testrix did direct and declame that the receipt or receipts
  33. in writing of them the aforesaid John Thurman & Wm Collishaw or of the
  34. survivor of them or of the first executor or administrator of such survivor should
  35. effectually discharge all persons paying any money for the purpose of
  36. that her Will or in anywise relating thereto And that any person or
  37. persons [to] pay [aforesaid] money […ed] not [aforementioned] having obtained such receipt or receipts

Page 7:

  1. be obliged to see to the application of the money [thrice] expressed to be received
  2. or be answerable or accountable for any loss misapplication or nonapplication
  3. thereof or any part thereof either by Law or Equity
  4. Executed by the aforesaid testatrix in the
  5. presence of and attested by 2 witnesses.
  6. Testatrix died 21st May 1853.
  1. Stamp -/3d
  2. Received the [gap] day of Sept 1853 (copy) the sum of Five pounds being a legacy
  3. left to me by my late father John Corner and charged on his real Estate in Hickling
  4. Septimus Corner
  5. Witness Thos G Morley
  6. 12th Sept 1853