(34) Legal document involving Thomas Dutton, Charles Poulton, Henry Coleman, Thomas Coleman, John Bridges & Walter Brind of May 31, 1781.
The document is mysteriously similar to the next document which begins Assigned by the said Henry Coleman.....
The cast: Ann Archer (heir and only daughter of Ann Fletcher),
William Archer, deceased, probably was an administrator of the will of Dame Erule.
John Bridges (of the Strand, wine merchant),
Ann Brind (wife of Walter),
Henry Brind (goldsmith of London),
Francis Bristow,
Eleanor Carter,
Mary Carter (cloth maker of Cricklade),
Thomas Carter, one of the administrators of Dame Erule's will.
also gunsmith Richard Champer....,
Henry Coleman,
Thomas Coleman (a surgeon from Cirencester, brother of Henry),
Joseph Dutton (a salesman of Bray),
Dame Margaret Erule,(deceased)
John Eycott (goldsmith of Cirencester),
Doctor Hodges,
Oliffe Richmond and
William Turner.
The package of documents seems to concern the sale (or lease for 500 years) of land in Water Furlong, Cricklade St Sampsons for £570. The seller is Walter Brind and the purchaser Thomas Dutton, in trust for Charles Poulton. Several other transactions are mentioned. Henry Brind deceased, who married Margaret Carter, has paid £543 13s 6d. Ann Archer, has sold something to Joseph Jones for £358 15s. A sum of £511 5s is also mentioned. To my untutored eye this looks like the detailing of the purchase history of the land because a mortgage from 1743 has been lost. Walter Brind indemnifies Charles Poulton against any losses arising from legal action about the title of the land.David Brind
Dated 31st May 1781
Mr Brind--}
to }Deed of Covenants Mr Poulton}
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Page 1
TO HOLD FROM THENCEFORTH for all the residue and rmeainder of the said several terms in and by the said several recited indetures granted in trust for the said Thomas Coleman his executors administrators and assignees subject to redemption on payment by the said Thomas Carter and William Archer of three hundred and fifty pounds with interest at the rate and in manner herein mentioned AND WHEREAS AS WELL the said sum of three hundred and fifty pounds with interest so secured by the last recited indenture of assignment to the said Dame Margaret Erule have been long since duly paid satisfied and discharged by Henry Brind late citizen and goldsmith of London deceased who intermarried with the said Margaret Carter the sole executrix of the will of the said Dame Margaret Erule and also residuary legatee theein named and who purchased all the said premses assigned in mortgage to (or in trust of for) the said Dame Margaret Erule of William Jacob of Cricklade aforesaid... maker and the said Ann his wife theretofore called Ann Archer spinster by indetures of lease and release bearing date respectively the nineteenth and twentieth days of April one thousand seven hundred and forty eight (1748) AND WHEREAS the said two several terms of five hundred years and five hundred years by indenture bearing date the twenty sixth day of June one thousand seven hundred and eighty (1780) have been assigned by the said Henry Coleman who was the brother and executor of the said thomas Coleman for all the then residues and remainders thereof unto Johh Bridges of the Strand in the liberty of Westminster Wine merchant in trust for the said Walter Brind his heirs and assignees to attend the inheritances of the same heriditaments and premses and by deed poll endowed on the said last mentioned indenture and bearing date with these presents and assigned to Joseph Dutton of Brayaofresaid salesman for all the residues and remainders thereof In trust for the said Charles Poultonthe younger his heirs and assigness In trust to attend the inheritance but no assignment thereof have or hath as yet been made by the personal representative of the said Dame Margaret Erule to any person or persons in order to go with and protect the inheritance of the said premises from all.... charges whatsoever as in and by the said several indentures and will relation being thereunto had will more fully appears AND WHEREAS the said Thomas Carter one of the administrators with the will annexed of the said Dame Margaret Erule deceased as aforesaid is now living having survived the said William Archer and the said Walter Brind hath applied to the said Thomas Carter and requested him to join in an assignment of the said several terms of five hundred years and five hundred years to some person to some person to be nasmed by him In trust to attend the inheritance of the said hereditaments and premises as aforesaid in order to shew that the representatives of the said Dame Margaret Erule were satisfied the remainder of their principal and interest but the said Thomas Carter absolutely refused to join or execute any deed or instructment for the purpose aforesaid although he admits and acquianted the said Charles Poulton the younger who als applied to him for the purpose aforesaid as well personally as otherwise to him for the purpose aforesaid as well personally as otherwise that the whole of the principal and interest secured on the said hereditaments and premises In trust or for the Benefit of the said Dame Margaret Erule her executors administrators and assignees has been long paid satisfied and discharged and that the representatives of the said Dame Margaret Erule deceased had no claim or demand whatsoever on the said hereditaments and premises so purchased by the said Charles Poulton the younger of the said Walter Brind as aforesaid AND the said Walter Brind hath lately conveyed to the said Thomas Carterand his heirs the said tenements with their appurtenances in Cricklade aforesaid particularly mentioned in the will of the said Dame Margaret Erule to have been held by her in mortgage and herein before mentioned in AND WHEREAS upon the most diligent search for the said original recited indenture quadripartite of assignment of Mortgage of the twenty fourth day of March One thousand seven hundred and forty three (1743) the same cannot at present be found nor can any discovery be made what is become thereof and therefore previous to the said recited conveyance of the said pieces or parcels of land hereditaments and premises by and from the said Walter Brind unto and to the use of the said Thomas Dutton his heirs and assignees as aforesaid the said Walter Brind did undertake and agree to save defend keep.. and indemnified as well the said Charles Poulton the younger his heirs executors administrators and assignees as the same pieces or parcels of land hereditaments and premises and every part thereof or from and against the said recited identure in quadripartite of assingment of mortage and all principal monies and interest which at any time hereafter shall appear or be claimed or pretended to be due thereupon or by virtue thereof and of from and against all suits commended or to be commenced or brought on account thereof and all costs charged damages and expenses to be sustained or occasioned thereby in manner hereinafter mentioned NOW THIS INDENTURE WITNESSETH that in pursuance of the said last recited undertaking and agreement and in consideration of the presmises he the said Walter Brind doth hereby for himself his heirs executors and administrators covenant promise and agree to and with the said Charles Poulton the Younger and his heirs and assignees that he the said Walter Brind his heirs executors and administrators or some of them shall and will from time to time and at all times hereafter save defend keep harmless and indemnifies as well him the said Charles Poulton the younger his heirs executors and administrators and assignees and every part thereof of from and against the sadi aforesaid and every part thereof of from and against the said recited identure quadripartite of assisgnment of mortgage and all... assignment or ... assignments made or pretended to be made thereof except the said several assignments made of the same by the afrementioned indenture of the twenty sixth day of June one thousand seven hundred and eighty (1780) and the said deed poll bearing even date herewith and also of from and account all prinicpal .. and interest which at any time hereafter shall appear to be out or owing or which shall be claimed or pretened to be due or owing unto the executors administrators creditors or assignees of the said Dame Margaret Erule or any person or persons whomsoever upon or by virtue of or under the said indenture quadripartite of assignment or mortgage or any assignment or assignments thereof except as aforesaid and also of from and against all action or actions suit or suits entries ejectments evictions claims and demands whatsoever already has made commenced brought or prosecute or hereafter to be had made commenced brought or prosecuted by the said executors administrators creditors or assignees of the said Dame Margaret Erule or any other person or persons whomsoever claiming or devising or pretending to claim or devise any estate tithe or interest at law or in equity or into or out of the said pieces or parcels of lands heriditaments and premises or any of them or any part thereof by virtue of or under the said indenture by virtue of or under the said indenture quadripartite of assignment of mortage or any ... assignment or assignments thereof except as aforesaid and of from and against all costs charges damages and expenses which he the said charles Poulton the younger his heirs executors administrators and assignees or any of them shall account or any such action or actions suit or suits trial entry ejection eviction claim or demand as aforesaid IN WITNESS whereof the said parties of these present have hereunto set their hands and seals the day and year first above written.
Walter Brind
Charles Poulton Jnr
Needs to continue typing from start of page 2 7-27.
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WRO 374/503
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