Kirkby Malzeard & Laverton

Misses Farm. Particulars of Sale 1857

Particulars and Conditions of Sale by Auction on Thursday the 7th May 1857 at
the house of Mr George Musgrave, Innkeeper in Kirkby Malzeard in the
West Riding of Yorkshire of All that Farm containing between 27 and 28 acres of
Land with a good Dwellinghouse and all requisite Farm Buildings adjoining thereto
situate in the township of Galphay in the Parish of Kirkby Malzeard aforesaid and
known by the name of “Misses House” now in the occupation of Edmund Baul as
tenant. Also a cottage adjoining the said Dwellinghouse now occupied by
Jane Allen as tenant.
The Property is freehold and is Tithe free and the Land Tax is redeemed.

Condition the first. There shall be two bidders or no sale, the highest bidder
shall be the Purchaser, and if any dispute arise between two or more bidders
the property shall be put up again at a former bidding.
Second. No person shall advance less then £ —— at each bidding, nor retract
a bidding. One bidding is reserved for the Vendor, or on his behalf.
Third. The Purchaser shall immediately after the sale (if requested) pay a
deposit of £10 per centum upon the amount and in part payment of the
purchase money and sign an agreement for completing the purchase for
payment of the remainder of the purchase money at the office of
Mr John Calvert the Vendors Solicitor on the —— day of ———- next at
which place and time the purchase is to be completed. The Purchaser shall
be entitled to the Rents of the property from that day, and all outgoings up
to that time shall be cleared by the Vendor. But if the completion of the
purchase shall be delayed from any cause whatsoever, beyond the time
hereinbefore appointed for completion, the purchaser shall pay interest at
the rate of £5 per cent per annum on the remainder of the purchase money
from that time until the day of completion, but without prejudices to the
Vendors rights under any of these Conditions.
Fourth. The Vendor will at his own expense make out and deliver to the
Purchaser or his Solicitor within —— days from the day of sale an abstract
of his title to the property sold commencing as to part thereof with a certain
Indenture of Feoffment dated the 13th day of May 1807 and made between
John Lumley of the 1st part John Calvert of the 2nd part John Cartman
of the 3rd part and David Richmond of the 4th part as to other part of the
premises with certain Indentures of Lease and Release dated respectively the
3rd and 4th days of December 1812 the latter made between William Downing
and John Humphries of the 1st part the said John Calvert of the 2nd part
and David Winn of the 3rd part as to other part of the premises with certain
Indentures of Lease and Release dated respectively 22nd and 23rd days of
November 1826 the latter made between Matthew Watson of the 1st part
James Croft Brooke of the 2nd part John Spence of the 3rd part the said
John Calvert of the 4th part and Thomas Fisher of the 5th part and as to
other part of the premises with certain Indentures of Lease and Release dated
respectively the 14th and 15th days of February 1826 both made between
David Richmond of the one part and George Plews of the other part and will
deduce a good title to the inheritance in fee simple thereof.
And the Vendor will execute a proper Conveyance and assurance of the premises
to the purchaser or as he shall direct upon payment of the remainder of the
purchase money such Conveyance and assurance to be prepared by and at the
expense of the purchaser.
Fifth. All recitals and statements in deeds wills and other Documents of twenty
years old or upwards shall be taken to be conclusive evidence of the deeds or
facts so recited or stated.
Sixth. Any deeds and evidences of title relating exclusively to the property sold
or other property of less value shall be delivered to the purchaser, but all other
deeds and evidences of title shall be retained by the Vendor who will enter into
the usual Covenant for the production thereof such Covenant to be prepared by
and at the expense of the purchaser.
Seventh. All attested, official or other copies or extracts from deeds wills
Probates registers or other evidence required for verifying the abstract or
otherwise and all outstanding estates, terms of years and mortgages shall be
obtained and got in by and at the expense of the Purchaser.
Eighth. Every Requisition or Objection which shall not be made in writing and
delivered to the Vendors Solicitor within —— days of the delivery of the abstract
shall be considered to have been warned.
Ninth. If the purchaser insist on any objection or requisition as to the abstract
or evidence of Title, conveyance or otherwise which the Vendor shall be unable
or unwilling to remove or comply with the Vendor may at any time and
notwithstanding subsequent negotiations rescind the contract repaying to the
purchaser his deposit without interest in satisfaction of all claims and demands
whatsoever.
Tenth. The description of the property is believed but if any error or miss-
statement shall be discovered in the number of acres or otherwise the same
shall not annul the sale but the property shall be taken as described in this
particular be the same more or less.
Lastly. If the purchaser shall neglect or fail to comply with these Conditions
or any of them or shall otherwise make default in completing the contract, his
deposit shall be forfeited to the Vendor who shall be at full liberty to resell the
property by public auction or private contract, and in one or more lots, and
either with or without any special conditions as may appear expedient and the
deficiency (if any) occasioned by such second sale together with all expenses
attending the same and loss of interest and consequential damages shall be
made good to the Vendor by the defaulter at this sale, and in case of non-
payment on demand the whole thereof shall be recoverable by the Vendor as
and for liquidated damages and it shall not be necessary previously to tender
a Conveyance to such purchase.

Transcribed by Sheila K. Douglas from the Making of Mashamshire’s
Edmundson and Gowland papers