Redemption of Mortgage advanced by Henry Rix

Contents

Summary

At the time of his death, the mortgage advanced by the Rev. Henry Rix to Francis Wright had not been redeemed. Mary Cross (his sister) was appointed as his Execurix, in which role Francis Wright owed her £30.
By the indenture below,

James Adcock agreed to pay £30 to Mary Crosse;
James Adcock would pay 5 shillings to Francis Wright;
Mary Crosse transferred to the premisses to James Adcock;
Francis Wright agreed to pay James Adcock £31 10s on January 7^th 1730.

Indenture

This Indenture Tripartite made the Seventh day of January In the Third Yeare of the Reigne of our Sovereigne Lord George the Second by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith etc. Anno Domini One thousand, Seven Hundred and Twenty Nine
Between
– Mary Crosse of the City of London, Widdow, Sole Executrix of and in the last Will and Testament of Henry Rix, late of Wramplingham in the County of Norfolk, Clerke, … of the first part;
– Francis Wright of Deopham in the said County of Norfolk … of the second part; and
– James Adcock of East Dereham in the said County of Norfolk … of the third part
Whereas In or by a certain Indenture of Demise or Mortgage bearing date the three and twentyeth day of April which was in the Year of Our Lord one Thousand, Seven Hundred and Eighteen made, or mentioned to be made, betweene the said Francis Wright (by his addicion therein named of the one part) And the said Henry Rix (by the addicion [?] therein alsoe Named) of the other part,
In consideration of the Summe of Thirty Pounds of good and lawfull mony of Great Britain to him the said Francis Wright in hand paid by the said Henry Rix, he the said Francis Wright did Devise, grant, bargaine and sell unto the said Henry Rix, his Executors and Administrators
All that Messuage or Tenement wherein Phillip Cushion and Margaret Royall, Widdow, then Dwelt, situate and being in Deopham aforesaid with all the outhouses, Yards, Gardens and Orchard thereunto belonging;
And also all that Inclose of Land or Pasture called the Long Pightle containing by estimation two Acres & an halfe, whether the same be more or lesse, now divided into two pieces whereof one is plowed, situate, lyeing & being in Deopham aforesaid betweene the land of the Mannor of Shadwells in the Coppyhold tenure late of Mary Porter, Widdow, afterwards of Edmund Wright on the part of the west & the Common Pasture of Deopham aforesaid on the part of the East & abutting upon the Common Pasture of Deopham towards the South, & upon the land of the Mannor of Bury Hall towards the North;
And all other the Houses, Messuages, lands, tenements & hereditaments whatsoever of him the said Francis Wright lyeing & being in Deopham aforesaid, or in any other town or towns thereto next of near adjoyning with their & every of their rights, members, profitts, and appurtenances whatsoever, And the Reversion & Reversions, Remainder & Remainders thereof,
To have and to hold the said Messuages, Lands, Tenements, Hereditaments & Premisses thereby demised, granted, bargained and sold or therein or thereby meant, mentioned or intended soe to be and every part and parcell thereof with the Appurtenances unto the said Henry Rix, his Executors, Administrators & Assignes from the day of the date thereof for & dureing the full time & terme of one Thousand yeares from thenceforth fully to be compleate & ended
Att and under the Yearly rent of a pepper corn payable at the Feast day of Saint Michael the Arch Angel, in each yeare (if the same shall be lawfully demanded) with a provisoe or Condition therin contained that if the said Francis Wright, his heires, Executors, Administrators or Assignes did and should well and truely pay of cause to be paid unto the said Henry Rix, his Executores, Administrators or Assignes the Summe of One and Thirty Pounds and Ten Shillings of good and lawfull mony of Great Brittain upon the three and twentieth day of April, which should be and was in the Year of our Lord One Thousand Seven Hundred and Nineteen without any deductions whatsoever that then and from thenceforth the said recited Indenture and every thing therein contained should cease, determine and become utterly void (at, in or by the said recited or mentioned Indenture … thereunto … it doth or may more fully appeare);
And whereas default was made in payment of the said Summe of one and Thirty Pounds and Tenn Shillings to the said Henry Rix according to the provisoe or Condition in the said recited or mentioned Indenture of Mortgage whereby the Estate, terme and Interest of and in the said premisses became legally vested in the said Henry Rix, his Executors and Administrators for and dureing all the rest, residue and remainder of the said terme of one Thousand Yeares in or by the said recited Indenture mentioned then to come and unexpired,
And whereas the said Henry Rix did in or by his last will and Testament in writeing bearing date the Sixth day of November which was in the Year of our Lord One Thousand Seven Hundred and Twenty Six, nominate and appoint the said Mary Crosse his sole Executrix who hath since proved the said Will in due forme of Law and taken upon her the burthen of the execution thereof,
And whereas there is now due and oweing unto the said Mary Crosse as Executrix as aforesaid upon or by virtue of the said recited Indenture of Mortgage the Summe of Thirty Pounds and noe more, all Interest for the same being paid and Satisfied to the day of the date hereof.
Now this Indenture Witnesseth That the said Mary Crosse as well for and in Consideration of the Summe of Thirty Pounds of good and lawfull mony of Great Brittain to her in hand well and truly paid by the said James Adcock at and before the sealing and execution of these presents, and of the Summe of five shillings of like mony in the manner paid by the said James Adcock to the said Francis Wright, the receipt whereof is hereby alsoe acknowledged and the said James Adcock, his Executors, Administrators and Assignes thereof and therefrom acquitted, exonerated and discharged by these presents as for diverse other good causes and considerations, her the said Mary Crosse hereunto moveing
Hath (att the instance and request and by the Speciall direction and appointment of the said Francis Wright testifyed by his being a party hereto and sealing and executing of these presents) bargained, sold, assigned, transferred and sett over, and the said Francis Wright hath satisfyed and confirmed and by these presents she the said Mary Crosse (att and by the like Speciall instance and request, … and appointment of the said Francis Wright (testifyed as aforesaid doth bargaine, sell, assigne, transfer and settover, and the said Francis Wright doth ratifye and confirme unto the said James Adcock, his Executors, Administrators and Assignes
All and every the said Messuage, Lands, Tenements, Hereditaments and premisses in the said recited Indenture of Mortgage mentioned or … with their and every of their rights, members, privileges, … and appurtenances And alsoe all the estate, rights, title, Interest property … demand whatsoever of her the said Mary Crosse of, in, and to the same premisses with the appurtenances together with the said recited or mentioned Indenture of Mortgage
And also all other Deeds and Writeings anyway concerning the same Premisses now in her custody or possession.
To have and to hold all and every the said Land, hereditaments, Indenture of Mortgage, deeds, writeings and premisses aforesaid herein before bargained and sold, assigned and settover, ratifyed or confirmed and every part and parcell thereof with the Appurtenances unto the said James Adcock, his Executors, Administrators and Assignes from the day of the date hereof, for and dureing all the rest, residue and remainder of the aforesaid terme of one thousand Yeares in or by the said recited or mentioned Indenture granted therein or thereby meant, mentioned or intended soe to be … ample and beneficiall manner to all intentt and purpose whatsoever as the said Mary Crosse, her … admits or assignes may, might, could or ought to have had, held or enjoyed the same by force and virtue of the said recited Indenture or otherwise howsoever had these presents never been made.
And the said Mary Cross for herselfe, her Executors & Administrators doth hereby covenant, promise and agree to and with the said James Adcock, his Executors, Administrators and Assignes that she the said Mary Crosse have not at any time or times heretofore made, done, permitted or suffered any act, matter or statut whereby the said premisses hereby assigned or any part of parcell thereof is, are, shall or may be impeached, charged or furnished in title, charge, estate or otherwise howsoever.
And the said Francis Wright for himself, his heires, Executors and Administrators doth hereby Covenant & agree to and with the said James Adcock, his Executors, Administrators & Assignes that he the said Francis Wright, his heires, Executors, Administrators or Assignes shall and will well and truely pay or cause to be paid unto the said James Adcock, his Executors, Administrators or Assignes the Summe of one and Thirty pounds and ten shillings of good and lawfull mony of Great Britain upon the seventh day of January which shall be in the year of our Lord One Thousand, Seven Hundred and Thirty without any manner of deductions on any account whatsoever
In Witness whereof the said partys to the presents have hereunto Interchangeably Sett their hands and seales the day and Yeare first above written.

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Date	Change
25/3/25	Published – IMG_20240418_124136