Thomason v Mackworth
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1823 |
| Date | 01 January 1823 |
| Court | Court of Common Pleas |
English Reports Citation: 124 E.R. 713
COURT OF COMMON PLEAS
BRtDOMAN, 0,508. THOMASON V. MACK WORTH thomason v. mackworth (a). Tr. 14 Car. 2, Hot. 2372(6). (Where a limitation was in a settlement made before marriage of A. to the use of trustees and their heirs until they should raise certain portionary sums of money, if uot paid at a fixed time by A.; and the portions were not then paid; and the trustees permitted the assignees of A. to enter and take profits of the lands beyond the amount of the portions ; still the trustees may afterwards enter and hold over to raise the portions. Conveyance to the use of H. B. and his heirs, until he fail in paying so much money, and after to P. V.-H. M. failing in payment, becomes tenant at sufferance; he makes a lease for five years, and a release upon it; and the relessee enters; this turns the interest of P. V. to a right; a fine then levied of the lands by H. M. to the relessee, and non-claim for five years bars that right. Construction of special verdict is to be liberal) Harg. MS. No. 58, fol. 86. Eject, firmce. Bridgman, C.J. In an ejections firirm by Thomas Thomason against Thomas Mackworth for 20 messuages, 200 acr. terr., 150 acr. prati., et 250 acr. past., in Crouckell and Betton, upon the demise of Peter Venables, Baron of Kindertoo.- Upon the general issue a special verdict is found to this effect:- That Humphrey Mackworth was seised in his demesne as of fee, of the lands in tbe declaration; and 14 Jul. 14 Car. 1, by indenture tripartite, between himself of tie first part; the said Peter Venables, and others since deceased, of the second part; and Mary Vena-[503]-bles, sister of Peter Venables, (with whom the said Humphrey Mackworth was to intermarry) of the third part; be did enfeoff the said Peter Venables, &c. and their heirs, of the premises (inter alia) to several uses. And the indenture is found in hfsc verba. Whereby there is a settlement of the minors and towns of Abbot Betton, Sutton, Betton Strange, and Groukhill, in the parishes of St. Julian's in Shrewsbury; Brace Meale, Ascham St. Chad, Berrington and Coleham; and all other his lands in the county of Salop, viz. of the Hall of Betton Strange, and the lands thereto belonging, and all other his lands in Betton Strange, and some other pareeh in Abbots Betton and Sutton; to the use of Humphrey and Mary for their lives, and of the heirs of Humphrey for her jointure; and as to other particular lands in Abbots Betton, to the use of Humphrey for life, and after to his first son upon the body of Mary in tail, and ao to the other sons of her; and for default of such issue, to the use of the said Humphrey Maokworth, his heirs and assigns; provided that if he should afterward settle other lands, by the consent of Peter Vunables of 601. per annum, upon the sons in manner aforesaid, then this settlement upon them to be void; and as to particular lands in Suttou and all other his lands in Sutton, and in Brace Meale, Coleham, St. Julians, and all the rest whereof no use before is limited, to the use of himself, his heirs and astigus, chargeable with the payment of 10001. and other sums thereinafter limited to be paid in manner and form as the same is by these presents declared and appointed. And there ia a large settlement of the leases and estates of inheritance of Mary Venables, for the benefit of Humphrey and Mary, and their children; and there is a coveuanfc by Humphrey Mackworth for him, his heirs, executors, &c. with Peter Venables, &c., if it happen the said Mary to die without issue male by him, having only one daughter living after the decease of Mary, to pay to the said Peter Veuables, &c., and the survivor of them, and the executors of the survivor of them, within three months after the age of eighteen years of such daughter, 10001. in trust, and as a portion for the said daughter; and another covenant that he, his [504] heirs, executors, or administrators, shall and will within three months next after the birth of every child, be tie same son or daughter, begotten by the said Humphrey upon the body of (a) " Adjudged 22 Junii, 1666, pro querente Harg. MS., No. 58, fol. 86. S. C. Carter, 75;.- but the report in Carter is extremely inaccurate. (6) This number is copied from the manuscript, the roll not being yet restored to its place with the other records of the Court. C. P. ir.-23* 714, THOMASON t). MACE WORTH BRIDOMAN. 0.805. the said Mary, p.ty to the said Peter Venables, &o. a several sum of 1001. upon trust that the said Peter Venables, &c. shall dispose the same unto the use and profit of such child for whom the same was so paid; and if any such child happen to die before the said 1001., with the increase thereof be paid, that the same shall be paid to the survivors of such children, &c.; and it is the true intent arid meaning of all the said parties, and hereby declared, that if it happen such payment of the said 10001., and several sums of 1001., or any of them, be not made according to the intent and meaning of these presents, that then these presents shall be and enure; and the said Peter Venables, &a and their heirs, shall stand and be seised of all and singular the said manors, lands, and hereditaments, except such part thereof as are limited for the jointure of the said Mary, and so much thereof as are now in jointure to Dorothy mother of the said Humphrey, the premises limited to the use of the heirs male of the body of Humphrey upon the body of Mary, for and during the said respective estates only ; aud after the several determination of those several estates for all those messuages, lands, and premises also to the use of the said Peter Venables, and their heirs, until they have fully levied out of the rents, issues, and yearly revenues thereof, the said sum of 10001., and every of the sums of 1001. to be paid according to the true intent and meaning of these presents, with damages for non-payment thereof, according to the rate of 81. per cent, to be computed unto the time that the said principal sums of 10001. and 1001. can or may be levied as aforesaid; and from any time after the said sums of 10001. and 1001. levied as aforesaid, then to the uses, intents, and purposes as these presents before mentioned and expressed, any thing in these presents contained to the contrary notwithstanding; with other usual covenants in, the said indenture, that he is owner, and against incumbrances; and with a covenant by Humphrey Mackworth that he and his heirs shall and will stand and be seized of and in sqch part and so much of the premises as before the end of Michaelmas term next [605} shall not be conveyed to the said Peter Venables, &c. to the several uses in and bj these presents limited and declared. And the jury further find that livery and seisin was executed by virtue of that indenture; and that Mary Venables likewise executed estates to the said Peter Venables, &c. to the uses limited in the said former indenture of her own lands. And they further find the marriage; and that they had issue, Peter Mackworth, born Sept. 13, 1639, and Mary, born November 22, 1641; and they find that Humphrey, and Mary his wife, Thomas Mackworth his son and heir apparent, and Ann Buckley daughter and heir of Richard Buckley, by indenture July 10, 1652, did grant, bargain, and sell to Sir Robert Eyton and others the premises in the declaration (infer alia) for five years, by virtue whereof they were possessed. And so possessed July 20, 1652, an indenture tripartite was made between, &c. (the said parties) which is found in hcec verba. In consideration of a marriage between Thomas Mackworth and Ann Buckley, and for the settling oj the manors and lauds of the said Humphrey and Anne as is thereinafter contained, the said Humphrey, Mary, and Thomas did grant, to and enfeoff the said Sir Robert Eytou, &c., and their heirs, of the manors of Betton Strange, and all their lands in Betton Strange, Abbots Betton, Crowkill, Sutton, Colebam, St. Julians, Barringtou, Braceraeale, and Markle, without naming the particular places, (but not Betton, nor all his lands in com. Salop,) to the several uses in that indenture, viz. to the use of Humphrey and his heirs till the marriage; and after as to all the premises in Betton Strange, and some other particulars, to the use of Anne Buckley for her jointure; and after her decease, to the use of Thomas Mackwoith for ninety-nine years, if he so long live, with remainder over. And as for the premises in Sutton, Abbots Betton, Crowkill, Bracemeale, Berrington, Coleham, and St. Julians, to the use of Humphrey Mackworth for his life; aud after his decease, as to Suttou house and lands and some other parcels in Coleham, to the use of Mary, wife of Humphrey Mackworth, for the wife of Dorothy his mother, charged with 1501. per annum to the said [506] Dorothy; and after the decease of Dorothy, then of Sutton Hall and particular lauds in Sutton Hall and particular lands in Sutton of the yearly value of 1501. per annwn to the use of Mary for her life for her jointure; and from and after the end of the several and respective particular estates before limited of all the premises in Sutton, Abbots Betton, Crowkill, Coleham, Bracemeale, Berrington, and St. Juliana, to the use of the said Thomas Mackworth for ninety-nine years, if he so long live, with remainder over; and as to Mackleworth, and some other lauds in BBIDGMAir, 0.807. THOMASON V. MACK WORTH 715 Cheshire, to the use of trustees to be sold. And in the said indenture there is a settlement of the estate of Anne Buckley, to the use of herself for life, and after of Thomas Mack worth, &e. prout per indenturam: but find no seisin virtute indenlnrce. But they further find a fine with proclamations, in Michaelmas term, 1653, by Humphrey Mackworth, Mary his wife, Thomas Mackworth, and Ann hia wife, de tenementis informd sequenle, viz. of the manors of Woore, &c. being the lands of Anne, acd of lands in Button...
To continue reading
Request your trial