Page:The English Reports v1 1900.pdf/628

the gentleman so acting for him, laid before the appellant the maps or surveys of his estate in the county of Carlow; and having pointed out, and proposed to the appellant several denominations which appeared to be contiguous, and others which lay convenient to a considerable part of the appellant's estate in that county, together with all the lands advertised for sale, the respondent proposed, for the accommodation of the tenants, to convey, together with the said lands, half the bog of Ballywilliamroe, and the bog of Newtown, which bog of Newtown was near cut out, and neither of which bogs yielded any rent. The appellant proposed to give, and the respondent agreed to accept,, twenty-one years purchase of the clear rents of the lands proposed to be conveyed, which amounted to £40,000 or thereabouts: and the respondent proposed, and the appellant agreed, that two or three certain tenants of parts of the lands, who had other lands under the same leases, should take new and distinct leases of such part of their respective holdings, as were proposed and agreed to be sold and conveyed to the appellant. That it was then further proposed and agreed, on the respondent's part, that he, or those concerned for him, should make out a clear title to the premises so agreed to be sold and conveyed, to the satisfaction of the appellant's counsel, discharged of all incumbrances whatsoever, and perform all other requisites usually performable by a seller to a purchaser. That in a few days after this agreement, the respondent prevailed upon the appellant to go with him to his house at Dunleckny, in the county of Carlow, in order to shew the appellant the lands, and to introduce him to the tenants as their landlord; and the appellant went with the respondent accordingly, and on the 10th of May 1762, was furnished with a rent-roll drawn up and prepared by the respondent's order, by his agent and receiver Thomas Gurly, which amounted to £2012 19s. 8¾d. and was signed by Gurly, as agent to the respondent, and intitled "A rent-roll of that part of Mr. Bagenal's estate intended to be sold." That the terms of sale being thus agreed on, the appellant, on the 11th and 12th of May, went to view the lands in company with the respondent, attended by Gurly, and also by the respondent's bailiff, who attended to shew the metes and bounds, and also by several of the tenants, to whom the respondent declared he had sold the lands to the appellant, and that the appellant was their landlord. That upon viewing the lands it appeared, that thirty-five acres of Tubbernathy and Coolnapish were demised, with part of Ballywilliamroe, to Samuel Brewster, in one lease, and that these thirty-five acres were not included in the agreement for sale; whereupon the respondent agreed, that they should be included in the contract at the same rate of twenty-one years purchase, and be conveyed with the other lands to the appellant accordingly. And it was on the 12th of May 1762, agreed by and between the [347] respondent and appellant, that the respondent should convey to the appellant all the lands so agreed to be sold, at twenty-one years purchase of their clear rents, and that half the bog of Ballywilliamroe, and the bog of Newtown, should be added and included, as had been before agreed upon. And the respondent then proposed and agreed, to make out a clear title, and execute sufficient conveyances to the appellant. That on the next day, a rent-roll of the lands agreed to be sold, was finally settled by the respondent and his agent Gurly, and the respondent inserted therein, in figures of his own hand-writing, the amount of the yearly rent and fees of the before-mentioned thirty-five acres of Tubbernathy and Coolnapish, and struck out a denomination which he desired to reserve, and then delivered the rent-roll so settled to the appellant, as containing the lands by him finally agreed to be sold to the appellant, and the terms and conditions of such sale; and the same was intitled as follows, viz. "Lands agreed to be sold by Beauchamp Bagenal, esq. to Richard Chapel Whaley, esq. from May 1762, at twenty-one years purchase, for the clear yearly rent." And (after setting out the several tenants names, denominations, and yearly rents of the lands so agreed to be sold, and striking out, by the respondent, a denomination called Ballytunim, at the close of the rent-roll, which was one of the newly added denominations, and mentioned to be let to William Garrett at £51 7s. over which the respondent drew his pen, in token that the same was not included in the agreement for a sale) the rent-roll closed with these words, viz. "half the bog of Ballywilliamroe adjoining to the said lands, and the bog of Newtown which is almost cut out, to be included." And at the foot thereof, the respondent, to ascertain the time of the agreement,