Draft deed

[Peter Downes died 28 March 1791]

Parties. 1. Rev.Henry Offley Wright of Mottram St.Andrew,clerk, Lawrence Wright of the same, Esq., devisees in trust named in last Will and Testament of Peter Downes late of Butley, Esq., dcsd.

2. Edward Downes of Shrigley, Esq., eldest son of the sd.Peter Downes.

3. John Brocklehurst of Macclesfield, Esq.

Draft indenture of mortgage, to charge with a further sum of £200, a mortgaged estate created to secure a loan of £3,000 made by John Brocklehurst to Edward Downes; estate created by Surrender 16 October 1774 (14 George III) from H.O.Wright & L.Wright with Edward Downes, through their attorney Charles Cooke, Gent., to J.Brocklehurst, to uses specified in a Deed of Defeasance 16 October 1774 (14 George III) between 1.

J.Brocklehurst, 2. H.O.Wright & L Wright, 3. Edward Downes, (which recites the Surrender and says that the estate passed to Brocklehurst for securing the loan by him to Downes that day made of £3,000); in the following properties:- a meesuage in Bollington called Cockshutt Hay, lately in tenure of William Pownall, tenant; a messuage in Bollington within the manor & Forest of Macc' known by the names of the Owzla Hole & Owlhurst formerly held by Richard Trueman but at time of Surrender by Richard Shatwell, tenant farmer; a messuage in Bollington and within the afsd.manor and forest, called the Nabb, lately held by Moses Snape, tenant farmer; a messuage in Bollington, manor and forest afsd., called Hill Top, formerly held by Charles Bradley, but at time of surrender, by Thomas Bradley tenant; a close or croft in Bollington, manor & forest afsd., formerly held by Thomas Baguley dcsd., but at time of surrender held by Moses Snape tenant; a messuage in Rainbow, manor & forest afsd., called Limewall alias Lima formerly held by Aaron Cooper tenant; a messuage in Rainow within manor and forest of Macclesf'd, called Ingersley, formerly in possession of Robt Pott, but at time of surrender held by Joshua Robinson and Matthew Broadhead, tenants; a messuage or cottage in Hurdsfield, manor & forest afsd., formerly held by widow Clarke and afterwards by Isaac Shrigley, but at time of surrender, by Isaac Bayley, tenant; a chief rent of £1 issuing from Copyhold messuage in Bollington called Shadwell fold, then the inheritance of Wm.Smallwood; another of 6d issuing from a messuage in Bollington called Mode Hill, then the inheritance of Thos.Brookes; another of £1 from lands in Bollington called Shatwell fold formerly the inheritance of Henry Barton but at time of surrender, that of Benjamin Brookes; another of £2 from a messuage in Hurdsfield called Swansco; another of £1 from a messuage in Hurdsfield called Doncaster Hill.

Note;- that it was agreed in the Defeasance quoted supra, that if the Wrights and Downes paid the £3,000 with interest on 16 April next thereafter, then Brocklehurst would re-convey the estate to the use of the Wrights and Downes. But the sum was not paid by Downes at the appointed time, and moreover the Wrights and he since the date of the Defeasance had sold and conveyed the Fee simple & inheritance, to the Contempt of the sd manor and forest of Macc. of the messuage called the Owzle-hole & Owlhurst in Bollington and messuages in Rainow called Limewall alias Lima, and Ingersley, to which conveyances Brocklehurst was consenting, and of which he has received out of the purchase money the principal sum of £2,000, part of the £3,000 owing to him, and therefore he is still owed £1,000; further, E.Downes has borrowed a further £200 from J.Brocklehust, secured by Bond of date with these presents, in £400, conditioned for repayment of £200 with interest on 5 July next.

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