| Description | Reciting deed of 27 July 8 Charles 1632 between Sir Thomas and his wife and Ralph Lutton and William Chapman the Defendant: being an agreement to levy a Fine of
the Manor, rectory and tithes of Hackness etc
with power to revoke uses by Lady Margaret as concerned premises in Harewood, Harewood Dale [Harwood Dale], Hingles, Suffield and Everley, and tithes of Harewood and Hingles...
and that Sir Thomas Posthumous Hoby and his wife covenanted to erect a chapel which he has done since Lady Margaret's death
Lady Margaret had expressed a wish in her lifetime that the premises should be sold and out of the money payments made to her poor kindred and other charitable uses (excepting Everley premises)
Sir Thomas P Hoby did convey the property to Defendants John Chapman for raising £2700, but John Chapman refused to seal the same
Bill exhibited to cause John Chapman to reconvey premises he held in trust, as it was considered he was no longer fit to hold the same
Defendants eventually came to an agreement with Sir Thomas P Hoby on 1 September 1638 that they should assure to him and his heirs:
all the lands in Suffield and parcel of the lands in Harwooddale [Harwood Dale] belonging to the farms in Silpho and the tithes of the same with covenants to be discharged of all acts done by John Chapman other than such estate as he made to his wife Katherine of the Harwooddale premises for her life, and in lieu of such estate, to make a lease of other lands in Harwooddale of equal value for 99 years to be as a security that Complainant and heirs might enjoy the premises and should disclaim all trust concerning the residue of Harwooddale and premises estated on John Chapman with promise to hold all the premises for life without impeachment... and power to make leases...and find a Minister at the new chapel
Subsequent refusal of Defendants to subscribe to the agreement
Complainant prayed relief and process of subpoena against Defendants
Answers of defendants: that they consented to sign agreement on Complainant promising to lease to them a messuage called Netlehead with lands there for 7 years at a reasonable rent and that since the agreement, Complainant had "ruinated a house on the premises and carried away a great part of the material"
Judgement that the waste committed by Complainant ought not to hinder performance of the agreement and suits should cease on execution of agreement |