Page:The English Reports v1 1900.pdf/1396

The cause came on to be tried at Winchester assizes in 1773, when the jury found the following special verdict; viz.

That on the 13th of June 1763, by articles of agreement, sealed with the seals of Sir Thomas Gatehouse, Knt. and Sir Brian Broughton Delves, Bart. and made between the said Sir Thomas Gatehouse, Knt. on behalf of the executors of Maynard Guerin, Esq. and those of his late father, of the one part, and Sir Brian Broughton Delves, Bart. of the other part, in consideration of £1. 1s. to the said Sir Thomas Gatehouse paid, as earnest by the said Sir Brian, and in consideration of £9998 19s. to be paid in manner therein mentioned, the said Sir Thomas Gatehouse covenanted and agreed with the said Sir Brian, his heirs and assigns, that they the said executors and trustees should, on or before the 25th day of March 1764, grant and convey unto the said Sir Brian and his heirs, an estate of inheritance in fee-simple of and in the manor of Upper Clatford, in the county of Hants, with the lands, tenements, hereditaments, and appurtenances thereunto belonging, or reputed as parcel thereof, and also certain other lands therein mentioned, in the said county of Hants. And the said Sir Brian thereby covenanted to pay the said purchase-money, on or before the said 25th day of March 1764.—That on the 30th of October 1763, by other articles of agreement made between the Honourable Thomas Pitt, of the one part, and the said Sir Brian Broughton Delves, of the other part; the said Thomas Pitt, in consideration of the sum of £7000 to him paid, and of the further sum of £17,000 to be paid him by the said Sir Brian, pursuant to a covenant therein contained, did for himself [377] and his heirs, covenant with the said Sir Brian, that he the said Thomas Pitt, or his heirs, would on or before the 25th day of March then next, grant and convey unto the said Sir Brian and his heirs, all that the manor or lordship of Abbots Ann, alias Abbas Ann, in the county of Southampton, with the appurtenances; also the scite, capital messuage, farm, and demesne lands of the said manor, situate in Abbots Ann, alias Abbas Ann aforesaid, and Little Ann, or one of them, in the said county of Southampton; and also the advowson, donation, and right of presentation of, in, and to the rectory and parish church of Abbots Ann, alias Abbas Ann, and Little Ann, together with the several messuages, cottages, farms, lands, hereditaments, and appurtenances, to the said manor or manors belonging, and all other his lands, tenements, and hereditaments at Abbots Ann and Little Ann aforesaid.—That on the 10th day of February 1764, the said Thomas Fuller, John Fuller, Frances Fuller, and Rose Fuller, being seised in fee of the advowson of the church of Mottisfont, alias Mottson, East Dean, and Lockerley, by their deed in writing, made between them the said Thomas Fuller, John Fuller, Frances Fuller, and Rose Fuller, of the one part, and the said Sir Brian, of the other part; in consideration of £2500 then paid to them the said Thomas Fuller, John Fuller, Frances Fuller, and Rose Fuller, by the said Sir Brian, granted, bargained, sold, released, and conveyed to the said Sir Brian, his heirs and assigns, all that the said advowson, donation, right of patronage, presentation, and free disposition of the rectory and parish church of Mottisfont, alias Mottson, East Dean, and Lockerley, in the said county of Southampton, and all glebe lands, tithes, tenths, oblations, obventions, hereditaments, and appurtenances whatsoever, to the said rectory belonging and appertaining; to hold to the said Sir Brian, his heirs and assigns for ever.—That the said Sir Brian being seised in fee of the advowson of the church of Mottisfont, alias Mottson, East Dean, and Lockerley aforesaid, by virtue of the said grant and conveyance thereof; and he being entitled in equity, under the said several articles, to the respective premises therein mentioned, and thereby agreed to be purchased by and conveyed to him, and which articles remained to be carried into execution; and being seised in fee of divers manors, messuages, lands, tenements, and hereditaments, in the county of Stafford, and of certain copyhold messuages, lands, and hereditaments of inheritance, in the county of Suffolk, and of a small freehold estate of inheritance, in the county of Salop; and being seised for his life, by virtue of the articles made on his intermarriage with Dame Mary his wife, bearing date the 30th day of August 1762, of and in divers manors, lands, tenements, and hereditaments, in the county of Chester, with remainder to his first and other sons by the said Dame Mary, his wife, successively in tail male, (subject to a rent-charge of £1000 by way of jointure for the said Dame Mary for her life, and also to another rent-charge of £1000 by way of [378] jointure to the mother of the said Sir Brian for her life,) with the reversion to himself in fee; and the said Sir Brian being seised of a real estate in the county of Lincoln, which he had by articles, bearing date