RepositoryCheshire Record Office
LevelItem
ReferenceDDS 26
TitleA Bundle of 8 documents
Date30 Dec 1785 to 5 Mar 1810
DescriptionDDS 26/1

30 December 1785 (26 George III)

Draft Deed

Parties: 1. Peter Downes of Butley, county of Chester, Esq., Elizabeth Jodrell of Bayfield, county of Norfolk, widow, John Vernon of Lincoln's Inn, London, Esq., 2. Sir Foster Cunliffe of Saighton, county of Chester, Bt.

Release, consideration 10s., in return for transfer to other securities (not specified) of a mortgage charge of £10,000 assigned to Elizabeth Jodrell by John Vernon, upon premises described (infra) conveyed in Indentures of Lease & Release 26 & 27 September 1777 by 1. Peter Downes of Shrigley [Pott Shrigley], county of Chester, Esq., 2. George Gibbons of Nantwich county of Chester, Gent., in trust for the payment of Peter Downes's debts (scheduled therein, including the £10,000 mortgage debt to John Vernon) and for the indemnity of George Gibbons his surety, by sale, the residue to be reconveyed to Peter Downes or his nominee; which premises stood mortgaged then for £5,000 to Griffin Hansom Esq., since dcsd., which mortgage has been assigned to Sir Foster Cunliffe to secure £8,000 loaned by him to P. Downes in order to pay off Ransom and others. This release is intended to relieve Cunliffe's security of the further charge of £10,000.

Premises;- the manor of lordship (or reputed ditto) of Worth, county of Chester, and messuages in Worth, Poynton, and Adlington, county of Chester. The manor or lordship (or reputed ditto) of Nether Padley, county of Derby, and messuages in Nether Padley, Grindleford Hope, and Hethersage, county of Derby.

English
Mark: None. Release from Mrs. Jodrell/John Vernon Esq.& Peter Downes/Esq.

Paper: 3 sheets 13" wide by 16", secured top left corner by a parchment thong. Watermark.

DDS 26/2

30 January 1786

Draft Deed

Parties: 1. Ann Payne of Nantwich, county of Chester, widow & relict of George Payne late of the same, Gent., dcsd., Edward Payne of Whitchurch, county of Salop, mercer, William Lovatt Brookes of the same, Esq., William Phillips of Nantwich, mercer; who are all four the executors of the sd. George Payne, Betty Hewitt of Burland, county of Chester, spinster, sole executrix of William Hewitt late of Nantwich, Gent., dcsd., Shenton Latham of Nantwich, sadler, executor of Mary Higginson late of Betley, county of Stafford, widow, dcsd., [Edward Pedley of Bradwell, county of Chester, yeoman, John Mountford of Balterley, county of Staffs., yeoman], & William Mountford of the same, yeoman, both executors of Mary Mountford late of the same, widow, dcsd.. Richard Liversage of Nantwich, ironmonger, & the Rev. Charles Ethelstone of Manchester, county of Lancaster, clerk, executors of Thomas Pratchett late of Nantwich, chessefactor, dcsd., Felicia Griffith of Whitchurch, (Salop), widow, [Hannah Taylor of Nantwich, widow, & James Taylor of Liverpool, county of Lancaster, ironmonger, executors of (Samuel) Taylor of Nantwich, tanner, dcsd.]

Release upon payment of £500 and £1,000 to George Payne, £300 to William Hewitt, £200 to Mary Higginson, £300 to Mary Mountford, £800 to Thomas Pratchett, and £500 to Felicia Griffith, of claims for debt under various Bonds, secured by Estates in trust created by Indentures of Lease & Release 13 & 14 July 1772 between 1. Peter Downes of Shrigley [Pott Shrigley], county of Chester, Esq., 2. John Craven of the city of London, Esq., & George Gibbons of Nantwich, Gent. since dcsd., and Indenture 5 July 1773 between 1. Peter Downes, 2. George Gibbons, and Indentures of Lease & Release 26 & 27 September 1777 between 1. P. Downes, 2. George Gibbons; which estates conveyed to trustees for payment out of proceeds of sale of premises (described infra) of Bond debts therein scheduled; none of which trusts has been carried out.
Premises;- manors, messuages, tenements, etc., (not specified) in counties of Chester & Derby.

English
Mark: None. Dr.Release from the Creditors/of Peter Downes Esq. 1706. Ex.

Paper: 4 sheets 10" wide by 15", written both sides sheets 1, 2, 3. Watermark.

DDS 26/3

April 1797 (37 George III)

Draft Deed

Parties: 1.[ John Brocklehurst of Macclesfield county of Chester, Esq., the Rev. Henry Offley Wright of Mottram Saint Andrew, same county, clerk, & Lawrence Wright of the same, Esq., his eldest son], Edward Downes of Shrigley [Pott Shrigley], county of Chester, Esq., 2. John [Gaskell of Ingersley in Rainow], 'Watson of Bollington' same county, [Gent], 'Yeoman, [Farmer]'

Covenant to produce muniments of title (scheduled herein) in respect of premises (v. infra) to be Surrendered acc. to custom of manor & forest of Macclesfield by party 1 to party 2 under covenant in Indenture of even date to be made between 1. [John Brocklehurst, 2. the Wrights], 3. Edward Downes, 4. John [Gaskell], 'Watson'.

NOTE;- The cancelled clauses in this doct. seem to be (a) the result of the removal of a mortgage held by Brocklehurst, (b) the result of a change in the conveyance, i.e. of buyer and of premises, the cancelled buyer and half-brackets. Premises, a messuage in [Rainow] 'Bollington' called [Ingersley] 'with closes appurtenant called the Owsle-Hole & Owl Hurst' (part of [copyhold lands in Bollington, Rainow, and Hurdsfield, manor & forest of Macclesfield, county of Chester, lately the inheritance of Peter Downes of Butley, county of Chester, Esq., dcsd.] father of Edward Downes).

English
Mark: None. Edward Downes Esqr/to/Mr John Watson/Drt.Deed of Covenants for the/production of Title Deeds. Ex.

Paper: 5 sheets 10" wide by 16", pinned together top left, written both sides sheets 1, 2, 3, 4. Watermark.

DDS 26/4

1798 (38 George III)

Draft Deed

Parties: 1. The Rev. William Henry Wright of Pulford, county of Chester, Clerk, the Rev. Thomas Wright of Market Bosworth, county of Leicester, Clerk, Bridget Downes of (blank) county of Chester, spinster, eldest daughter of Peter Downes late of Butley, county of Chester, Esq., dcsd., 2. Edward Downes of Shrigley [Pott Shrigley], county of Chester, Esq., eldest son of the sd. Peter Downes and brother of Bridget.

Covenant by party 1 to re-surrender, in consideration of party 2's repayment of £3,700 owed to party 1 (Bridget Downes and her trustees in a trust created by Indentures 8 October 1792 between 1. them, 2. her), premises mortgaged for that sum by Surrender in manor & forest of Macclesfield, county of Chester, 24 September 1792, Edward Downes to the Wrights, to uses limited in Indenture of Defeazance same date, between 1. Edward Downes, 2. the Wrights' in consequence of an agreement that interest on the mortgage shall be excused, and party 2's failure to repay within the prescribed term shall be overlooked.

Premises;- the capital messuage or mansion house called Shrigley Hall, and other messuages etc., and a watercorn-mill, & kilne with appurtenances, and fields appurtenant Edward Downes the elder, Esq., Edward Downes the younger, Esq., John Downes Esq., and the (abovementioned) Peter Downes, all dcsd., great-grandfather, grandfather, uncle, & father respectively of the (abovementioned) Edward Downes; and by John Alcock, Robert Cottrell, etc. etc., and an annual chief rent of £2. 9. 4. from copyhold lands in Pott Shrigley called Ridacre Farm and other lands there, the inheritance of the Rt. Hon. the late earl of Barrymore, dcsd., afterwards of James Watson, Gent.

English
Mark: None. The Reverend William Henry Wright Clerk/and others/to/Edward Downes Esqr/Draft Deed of Covenants to/Surrender certain Capital & other Mess'es/& Tenements in Pott Shrigley in the County of Chester.

Paper: 5 sheets 10" wide by 16", pinned top left, written both sides sheets 1, 2, 3, 4. Watermark.

DDS 26/5

1806 (6 George III (rectius 46)) originally drafted for 1804 (5 George III (rectius 45))

Draft Deed (incomplete -- last sheet ends in mid-sentence).

Parties: 1. Edward Downes of Shrigley [Pott Shrigley], county of Chester, Esq., 2. Charles Cooke of Macclesfield, do., Gent., Peter Brooke of Butley, do., Gent.

Indenture (effect not given, the first six pages that remain are all pre-amble and recitation) consequent upon a Surrender (no date) to uses limited in Indenture 4 November 1803 (originally drafted "21 August last past", i.e.1803) between the parties where party 1 covenanted to Surrender premises (infra) at next Halmote Court of Manor and Forest of Macclesfield to party 2 in trust for the discharge of party 1's debts (scheduled in that Indenture) and the indemnification of party 2 his sureties; residue of estate to be re-conveyed to party 1 or his nominee.

Premises;- (a marginal note in pencil, opposite this clause of the draft, "Recite the parcels cont'd in the Deed of Trust of 4th Novr. [1804] 1803"); a copyhold messuage in Pott Shrigley, county of Chester, within manor and forest of Macclesfield, called Birchen Cliff, formerly possessed by Peter Adshead and Ann Higginbotham, then by William Summerland, with its closes and fields in Pott Shrigley, manor & forest afsd., called the Barn field, the Dowry Meadow, the lower pit, the middle pit, the ferny knowl, the higher pit, the pasturing Dowry, the near Brow, the Hollow Meadow, the Hill Top Meadow, the Hartsgreave, the Green field, the Moss pits, the long side, the far barn Meadow, the far barn field, the far brow, the white hay booths, and Wainwright's Pasture; the closes which formerly belonged to a messuage in Pott Shrigley called Gib Hill, called the Meadow, the long field, the Paddock field, the higher field, the Spout Croft, the wheat Croft, & Torkington's field, formerly occupied by Joseph Harper and then by William Summerland; a messuage in Pott Shrigley called Rixon's formerly held by Thomas Henshaw, afterwards by Richard Williamson, and then by William Summerland, and its fields called the Great Meadow, the little Meadow, the barley Croft, the marled Earth, the Common piece, the Intake, and the Croft; two fields in Pott Shrigley formerly part of a tenement there formerly occupied by Joseph Snape, later by Ann Snape widow, then by William Summerland, called the middle Patch and the lower patch; a messuage in Pott Shrigley called Lowe's, formerly occupied by William Jackson, then by Edward Alcock; several closes in Pott Shrigley called Barlow's Ground, formerly occupied by William Jackson, then by Edward Alcock,; a messuage in Pott Shrigley called Pott's formerly occupied by Charles Cocke, afterwards by John Hill, later by James Boden, then by Peter Brooke; several closes in Pott Shrigley called Bakestone Dale, Ellibank, and Potmore, formerly occupied by Charles Cooke, afterwards by John Hill, later by Francis Swindells, then by Peter Brooke; a farm in Pott Shrigley called Jonas' formerly occupied by Cornelius Whiddon, then by Peter Brooke; a messuage in Pott Shrigley called Dean's formerly occupied by Peter Dean then by Peter Brooke; a farm in Pott Shrigley called Broome, formerly occupied by John Henshall, then by Peter Brooke; closes in Pott Shrigley called Jonas's Bottoms, formerly occupied by John Williamson, then by Peter Brooke; a messuage in Pott Shrigley, lateley occupied by John Whieldon, then by Peter Brooke; closes in Pott Shrigley called the Oakeridges, lately held by William Jackson, then by Edward Downes; coal mines and seams of coal, mining rights in the premises - especially in "the Loose level or drain" heretofore driven or made within and under and through the land of John Walker of Pott Shrigley, yeoman, for getting the coal under messuages in Pott Shrigley called Berristal and Pott Hall, -- except coal seams and mining rights in lands specified in Indenture of Demise or Lease (date blank) 1793 between 1. Edward Downes & others, 2. Peter Brooke; a copyhold messuage in Pott Shrigley, manor & forest afsd., called Berristal, lately held by Thomas Richardson, then by John Beech tenant of Edward Downes; closes called Jeremiah's Cliffs in Pott Shrigley in the manor & forest, then occupied by John Beech; a messuage and smithy and a field called Mobberley Wood held with it, then held by John Jackson, in Pott Shrigley; a capital messuage in Pott Shrigley called Pott Hall and its fields in Pott Shrigley, manor & forest afsd., called the lower field, the higher field, the bent, the shore field, the shore field trees, and the Hole House, all which were then lately the inheritance of Rowland Swann, Gent., and were then occupied by John Beech; A messuage in Rainow, county of Chester, manor & forest of Macclesfield, near a place there called the Hedgerow, then occupied by Ralph Kinder tenant, with its fields in Rainow and Pott Shrigley or elsewhere in the manor or forest, and a seat in the North side of Pott Shrigley Chapel belonging to that tenement.

English
Mark: None. Drft of a Deed/subsequent to one of/the 4th Nov. 1803/referred to herein./E:D: (this on back of sheet 5, sheet 6 being folded inside it out of order).

Paper: 6 sheets 13" by 16", written one side. Watermark.

DDS 26/6

28 April 1807

Indenture

Parties: 1. James Beard of Shrigley [Pott Shrigley], county of Chester, collier, Jospeh Beard of the same, shoemaker, William Smith of the same, collier, and Ann his wife, Edward Broadhurst of the same, mason, and Martha his wife (which James, Joseph, "Nancy" and Martha are all the children of Joseph Beard late of Shrigley, husbandman, dcsd.), 2. Edward Downes of Shrigley [Pott Shrigley], Esq.

Signed and sealed: James Beard, Joseph Beard, Wilime Smith, the mark of + Ann Smith, Edward Broadhurst.

Witnesses of sealing and delivery: Thomas Brooke, Thomas Booth, John Swindells, Edward Unwin.

Surrender (in consideration of 5s. and party 2's Bond of even date securing £6. 6. 0 per annum for remainder of term) of Lease made by Indenture 21 May 1781 from 1. Peter Downes, Esq., late father of Edward Downes, to 2. Joseph Beard since dcsd., for lives of Joseph Beard, Ann his daughter (now Ann Smith), Peter Allen (son of John Allen then late of Prestbury county of Chester, schoolmaster, dcsd.) or survivor. Power of attorney for entry, possession, and livery of seisin, to Thomas Brooke of Shrigley [Pott Shrigley] Gent., and Edward Unwin of the same, innholder.

Premises;- a messuage or dwellinghouse, and croft adjoining, in Shrigley [Pott Shrigley] county of Chester, called Toppings (or Topping's) House and Croft, belonging in 1781 to Peter Downes and held then by Joseph Beard.

English
Mark: None. Mr. James Beard and others/to/Edward Downes Esquire/Surrender of Lease.

Paper: 1 sheet folded, 4 pp. 12" wide by 19", written pp. 1 & 2, pp. 1 & 2 indented. Watermark. Seals: Six small wafered blobs. Duty stamp, embossed, 30s.

DDS 26/7

5 March 1810

Copy Indenture

Parties: 1. Edward Downes of Shrigley [Pott Shrigley], county of Chester, Esq., 2. Thomas Darcey of Marton, do., Gentleman.

Covenant by party 1 to charge further with £1,000 borrowed upon security of party 1's Bond of even date in £2,000 for repayment 5 September 1810, an estate created by Surrender in Manor & Forest of Macclesfield 28 September 1801 from Bridget & Sarah Downes, spinsters (at request of Edward Downes) and Edward Downes to William Starkie of Manchester, county of Lancaster, merchant and William Panter the younger of, Tower Street, city of London, merchant, to lead the Uses of an Indenture of mortgage 28 September 1801 between 1. Starkie & Panter, 2. Edward Downes, for securing £6,500 borrowed by Downes redeemable on a date specified; and created by Indenture (2nd. mortgage) 28 July 1807 between 1. Starkie & Panter, 2. Edward Downes, 3. Thomas Darcey (reciting that the £6,500 had been paid off but that some of the lands had been granted by Surrender of Starkie & Panter & others to Michael Daintry & John Ryle Esq., to secure £14,000) whereby Starkie, Panter & Downes covenant to Surrender to Darcey within 6 months the premises (described infra) redeemable (but not in fact redeemed) upon payment of £1,000 on 28 January 1808, which limited the uses of a Surrender consequently passed in manor & forest afsd., 2 November 1807.

Premises;- a messuage or dwelling house in Pott Shrigley called Cophurst, and part of a field called the Bank containing one acre, being the northeasterly side thereof as then divided (1807), with closes called the Meadow and the Brow, and the northwestwardly side of a close called the Cophurst Knoll containing 4 acres, which messuage and lands were formerly occupied by Thomas Davenport and then (1807) by John Hallam tenant of Edward Downes. A close in Pott Shrigley called Simpson's Meadow formerly part of a messuage in Pott Shrigley called Pickford's formerly occupied by William Jackson lately by William Alcock, then (1807) severed from it and occupied by Charles Bradley. Closes in Pott Shrigley called the Old Meadow & the Long Sides, formerly part of the messuage called Pickford's, but also then (1807) severed, and formerly occupied by William Jackson, then by Joseph Sidebotham. A cottage in Pott Shrigley with a close called the Meadow, 1 acre 3 roods 12 perches, occupied by Mary Browne. Closes in Pott Shrigley called the Little Meadow & Pot Parts, 7 acres 2 roods 22 perches, formerly held by William Jackson, which used to be part of Pickford's but were then (1807) severed from it and and were occupied by William Braddock. A messuage in Pott Shrigley and its fields called the Meadow and the Higher Field, formerly held by John Turner, then (1807) of the executors of (blank) Broadhurst dcsd. A messuage in Pott Shrigley occupied (1807) by James Browne, and others there by James Unwin & Edward Broadhurst.

English
Mark: None. 5th March 1810/Edward Downes Esq/to/Mr Thomas Darcey/Copy Deed of further Charge.

Paper: 6 sheets 13" wide by 17" secured top left by parchment thong, written one side only sheets 1, 2, 3, 4, 5. Watermark.

DDS 26/8
(5 March) 1810 (date per superscription on outside of doct., text leaving blank spaces for dates).

Copy Indenture

Parties: 1. Edward Downes of Shrigley [Pott Shrigley], county of Chester, Esq., 2. Thomas Darcey of Marton, do., Gent.

Assignment for 99 years or surviving lives, of lease created by Indentures of Lease 7 June 1807 between 1. Richard Legh of Adlington, county of Chester, Esq., and 2. Edward Downes, for lives of Edward Downes (then aged 30), Emily Panter his neice daughter of John Leach Panter of Park Street, Grosvenor Sq., county of Middlesex, Esq., (aged 1 year), Edward Brooke youngest son of Peter Brooke of Shrigley [Pott Shrigley], Gent., (aged six and a half years), and for rents and services therein specified, of premises (described infra); the assignment is a demise redeemable (on a date not specified) on repayment, to further secure a loan from party 2 to party 1 of £1,000 which is secured to date by Edward Downes's Bond (5 March) 1810 in £2,000 for repayment (date blank) and an Indenture of further charge (5 March) 1810 between the partie, laying this £1,000 upon copyhold lands in Pott Shrigley, manor and forest of Macclesfield, county of Chester, already mortgaged to Darcey for £1,000 (v. 26/7).

Premises;- a messuage in Adlington called Hibbert Brow with its fields called the Stubble field, the Collins Croft, the Meadow, the Old Meadow, the little house Croft, the little field, the Acre, the Wood hole, the Gigg platt, the White field, the higher pasture field, the lower pasture field, the Jack Croft, total 21 acres 3 roods 15 perches (Cheshire large measure) formerly possessed by Thomas Hooley, later by John Bullock then by widow Washington tenant of Richard Legh; two cottages at or near a place called Jack Gate in Adlington then held by Thomas Walton and James Wyatt.

English
Mark: None. 5th March 1810/Edward Downes Esq:/to/Mr.Thomas Darcy/Copy Demise for 99 years/determinable of a tenement called/Hibbert Brow and two Cottages/ in Adlington by way of Mortgage/for securing £1,000 and interest.

Paper: 6 sheets 13" wide by 17" written one side only sheets 1, 2, 3, 4, 5; Watermark.
    Powered by CalmView© 2008-2024