Page:The English Reports v1 1900.pdf/684

In the year 1738, one Timothy Callaghan, an attorney, applied to the respondent Brand, a barrister, at his chambers in the Temple, on behalf of the appellant, (then George Evans, esq.) and informed him, that the appellant having occasion for money, would grant an annuity of £300 sterling for his life, out of the several manors of Bulwick and Laxton, otherwise Laxton Engine, and the advowson of the rectory of Laxton, and other farms and lands in the county of Northampton, whereof he was seised for life; and the respondent Brand having been previously desired by the Rev. John Grant to inform him, if any annuity of £300 a year, or thereabouts, should be offered to sale, told Callaghan, that he would choose to see the appellant himself, who in a short time after coming with Callaghan to Mr. Brand's chambers, on talking the affair over, and Mr. Brand having no reason to suspect the account given by Callaghan, he informed Mr. Grant (then in the west of England) of such application for, and the terms of the sale of such annuity, who approving thereof, Mr. Brand did, on his behalf, contract with the appellant for the purchase of an annuity of £300 sterling, payable to Mr. Grant during the appellant's life, and to issue out of the manors, lands, and premises above-mentioned, at the price of £2100, being seven years purchase, and the common market price at that time for annuities for the seller's life; but redeemable on payment of the said £2100 and all arrears of the annuity, on the 25th of March 1742, or at any time afterwards, on six months notice given by the appellant.

Pursuant to this agreement, by indenture tripartite, dated the 14th of December 1738, between the appellant of the first part, the said John Grant of the second part, and the said Joseph Brand of the third part, the appellant, in consideration of £2100 paid him by Brand on Grant's behalf, did grant to the said John Grant, his executors, administrators, and assigns, an annuity or yearly sum of £300 to be issuing out of, and chargeable upon the before-mentioned manors, lands, and premises in Northamptonshire, dur-[430]-ing the appellant's life, payable quarterly by equal portions, clear of all deductions; and the appellant thereby covenanted to pay the said annuity on the respective days, and at the place thereby limited and expressed; and also, that he was seised of the said manors, lands, and premises for his life, without any charge thereon, except a rent charge of £200 to his Lady, some small annual sums for chief rents, and a modus in lieu of tithes and procurations; that the said premises were of the clear yearly value of £1000 above all charges, except as aforesaid; and that he had full power to grant the annuity of £300. The appellant also, by the appointment of the said John Grant, did thereby demise the said premises to the said Joseph Brand for the term of ninety-nine years, if the appellant should so long live, at a pepper-corn rent, in trust for better securing the said annuity: and in this deed there was a proviso, that if the appellant should pay to the said John Grant, his executors, administrators, or assigns, the sum of £2100 on the 25th of March 1742, at the Royal Exchange, London, between the hours of twelve and one at noon, or at any other time afterwards, at the same hour and place, giving six months notice thereof in writing to