Updated 2 Mar 2008

WIRKSWORTH Parish Records 1600-1900

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Middleton Release 1827

This is a Legal document dated 1827, written on vellum and in good condition. It deals with transfer of 5 parcels of Land (about 2½ acres) in Middleton by Wirksworth, from the GELL family to the ADAMS family, for £180. In 1873 Henry Gell owned 3,744 acres with rental of £4,467, and Robert Adams 12 acres with rental of £29, see Owners of Land 1873
The document is in 3 sections, each of which has a scan and a transcription. See Front, Inner and Outer sections. Click on each thumbnail to see a big enlargement.
Because of their memory size, the enlargements are only viewable on the CD of the Wirksworth website.
Legal document held and contributed by Herbert Brooks, see also Dale Farm, Adverts from 1900 and Old Bonsall map.

GELL--»-- Five parcels, 2½ acres of LAND SOLD for £180 --»--ADAMS

No. 81 House Yard and Garden Water Lane,
No. 347 Heastoes and Rood on the Land
No. 367 Meadow Rood Butt
No. 373 Short Hedge
No. 382 Nether Stitching
Middleton nineteen perches
one acre nineteen perches
twenty five perches
three roods two perches
one rood fourteen perches
0.12 acres, SK274562
1.12 acres, SK284552
0.16 acres, SK293551
0.76 acres, SK294550
0.34 acres, SK290549
(40 perches=1 rood; 4 roods=1 acre. Total=2.5 acres.)

FRONT of document

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Transcription of FRONT of document

Philip Gell Esquire and John Nicholas Gell Esquire
to
Mr Edward Adams

Dated 2nd January 1827

RELEASE of a cottage and
Lands Nos 81-347-367-373 and 382
in Middleton by Wirksworth
in the County of Derby

Signed Sealed and Delivered (being first duly stamped) by the within named Philip Gell in the presence of .......................................................
Tho Brealey
John ? ?

Signed Sealed and Delivered (being first duly stamped) by the within named John Nicholas Gell in the presence of ........................................
Tho Brealey
John ? ?

RECEIVED on the day of the date of the within written Indenture of and from the within named Edward Adams the sum of One hundred and eighty pounds being the consideration money within mentioned to be paid by him to me ....................................................... .............................................£180
P Gell

Witness to the signing hereof
Tho Bealey
John ? ?

INNER document

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Transcription of INNER document

INDENTURE made the first day of January in the year of our Lord One thousand eight hundred and twenty seven BETWEEN Philip Gell of Hopton in the County of Derby Esquire and John Nicolas Gell Esquire of the same place only son and heir apparent of the said Philip Gell of the one part and Edward Adams of Middleton by Wirksworth in the said County of Derby Miner of the other part WITNESSETH that for and in consideration of the sum of five shillings of lawful money of Great Britain to each of them the said Philip Gell and John Nicholas Gell in hand well and truly paid by the said Edward Adams at or before the sealing and delivery of these presents the receipt whereof is hereby acknowledged they the said Philip Gell and John Nicholas Gell HAVE and each of them HATH bargained and sold and by these presents DO and each of them DOTH bargain and sell unto the said Edward Adams his executors administrators and assigns ALL that cottage or dwellinghouse with the yard and garden thereunto belonging And also all those several quantities pieces or parcels of Land or Ground situate lying and being in the Township of of Middleton by Wirksworth aforesaid commonly called or known by the several names and marked in the plan and Survey of the said Township made by Mr Chrishop in the year One thousand eight hundred and ten with the several Numbers and containing by admeasurement the several quantities following be the same more or less (that is to say) No 81 House yard and Garden nineteen perches No 347 Heastoes and Rood on the Land one acre and nineteen perches No 367 Meadow Rood Butt twenty five perches No 373 Short Hedge three roods and two perches No 382 Nether Stitching one rood and fourteen perches as the same are now in the tenure of the said Edward Adams or his assigns together with all erections buildings trees hedges ditches mounds fences roads ways waters watercourses liberties privileges profits emoluments and appurtenances whatsoever (save and except and always reserved unto the said Philip Gell his heirs and assigns the right of Common upon Middleton Moor and all other commonable rights liberties and privileges whatsoever in respect of the said hereditaments and premises to the said hereditaments and premises belonging or appertaining And the reversion and reversions remainder and remainders yearly and other rents issues and profits thereof TO HAVE AND TO HOLD the said hereditaments and premises hereby bargained and sold or intended so to be with their appurtenances (except as aforesaid) unto the said Edward Adams his executors administrators and assigns from the day next before the day of the date of these presents for and during and unto the full end and term of one whole year from thence next ensuing and and fully to be complete and ended YIELDING AND PAYING therefore unto the said Edward Adams his heirs or assigns the rent of one pepper corn on the last day of the said (if the same shall be lawfully demanded) To the intent and purpose that by virtue of these presents and of the Statute made for transferring uses into possession he the said Edward Adams may be in the actual possession of all and singular the said hereditaments and premises hereby bargained and sold or intended so to be and every part and parcel of the same with their appurtenances and be hereby and thereby enabled to accept and take a grant and release of the reversion freehold and inheritance of the same premises to him and his heirs To such uses upon such trusts and to and for such intents and purposes as shall thereof be declared in and by a certain Indenture of Release already prepared and intended to bear date the day next after the day of the date of these presents and to be made between the said Philip Gell and John Nicholas Gell of the first part the said Edward Adams of the second part and Obadiah Adams of Middleton aforesaid Miner of the third part IN WITNESS whereof the said parties to those presents have hereunto subscribed their names and affixed their seals the day and year first above written/---------------

Signed Sealed and Delivered (being first duly stamped) by the within named Philip Gell in the presence of .......................................................
Tho Brealey
John ? ?

Signed Sealed and Delivered (being first duly stamped) by the within named John Nicholas Gell in the presence of ........................................
Tho Brealey
John ? ?

OUTER document

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Transcription of OUTER document

INDENTURE made the second day of January in the year of our Lord One thousand eight hundred and twenty seven BETWEEN Philip Gell of Hopton in the County of Derby Esquire and John Nicholas Gell of the same place Esquire only son and heir apparent of the said Philip Gell of the first part Edward Adams of Middleton by Wirksworth in the said County of Derby Miner of the second part and Obadiah Adams of Middleton aforesaid Miner of the third part WHEREAS the said Philip Gell being seized in fee simple in possession of the hereditaments and premises hereinafter described hath contracted and agreed with the said Edward Adams for the absolute Sale to him thereof with the appurtenances thereunto belonging (except all commonable rights in respect thereof) free from incumbrances (except land tax) at the price or sum of one hundred and eighty pounds and the said John Nicholas Gell hath at the request of the said Philip Gell and Edward Adams and for the satisfaction of the said Edward Adams agreed to concur in the said Sale and to join in those presents in manner hereinafter mentioned NOW THIS INDENTURE WITNESSETH that in pursuance of the said Agreements and for carrying the same into effect and in consideration of the sum of one hundred and eighty pounds of lawful money of Great Britain to the said Philip Gell in hand paid by the said Edward Adams (with the consent and approbation of the said John Nicholas Gell testified by his being made a party to and sealing and delivering these presents) at or before the sealing and delivery of these presents the receipt whereof he the said Philip Gell doth hereby acknowledge and from the same sum and and every part thereof doth exonerate and for ever discharge the said Edward Adams his appointers heirs executors administrators and assigns by these presents and also in consideration of ten shillings of like lawful money to the said John Nicholas Gell also paid by the said Edward Adams at or before the like sealing and delivery of these presents the receipt whereof is hereby acknowledged they the said Philip Gell and John Nicholas Gell HAVE and each of them HATH granted bargained sold aliased released and confirmed and by these presents DO and each of them DOTH grant bargain sell alien release and confirm unto the said Edward Adams (in his actual possession now being by virtue of a Bargain and Sale to him thereof made by the said Philip Gell and John Nicholas Gell in consideration of five shillings to each of them paid by Indenture bearing date the day next before the day of the date of these presents for one whole year commencing from the day next before the day of the date of the same Indenture of Bargain and Sale and by force of the Statute made for transferring uses into possession) and to his heirs and assigns ALL that Cottage those pieces or parcels of Land or Ground situate lying and being in the Township of Middleton by Wirksworth aforesaid commonly called or known by the several names and marked in the plan and survey of the said Township made by Mr Chrishop in the year One thousand eight hundred and ten with the several Numbers and containing by admeasurement the several quantities following be the same more or less (that is to say) No 81 House Yard and Garden nineteen perches No 347 Heastoes and Rood on the Land one acre and nineteen perches No 367 Meadow Rood Butt twenty five perches No 373 Short Hedge three roods and two perches No 382 Nether Stitching one rood and fourteen perches together with all erections buildings trees hedges ditches mounds fences roads ways waters watercourses liberties privileges profits emoluments and appurtenances whatsoever (save and except and always reserved unto the said Philip Gell his heirs and assigns the right of common upon Middleton Moor and all other commonable rights liberties and privileges whatsoever in respect of the said hereditaments and premises) to the said hereditaments and premises belonging or appurtaining and the reversion and reversion remainder and remainders yearly and other rents issues and profits thereof And all the estate right title interest inheritance use trust property profit possession benefit claim and demand whatsoever both at Law and in Equity of them the said Philip Gell and John Nicholas Gell of in to or out of the same premises TO HAVE AND TO HOLD the said hereditaments and premises hereby granted and released with their appurtenances (except as aforesaid) unto the said Edward Adams his heirs and assigns To such uses upon such trusts to and for such intents and purposes and with under and subject to such powers provisoes agreements and declarations as he the said Edward Adams shall by any deed or deeds writing or writings with or without power of revocation to be by him sealed and delivered in the presence of and to be attested by two or more credible witnesses from time to time direct limit or appoint and for default of and until such direction limitation or appointment and as far as every or any such direction limitation or appointment shall not extend To the use of the said Edward Adams and his assigns during his life without impeachment of waste and after the determination of that Estate by any means in his life time To the use of the said Obadiah Adams and his heirs during the life of the said Edward Adams In trust for him the said Edward Adams and his assigns during his life and to the end and intent that neither the present nor any future wife of the said Edward Adams may may become entitled to dower out of or in the said hereditaments and premises and immediately after the determination of the Estate so limited to the said Obadiah Adams and his heirs during the life of the said Edward Adams To the use of him the said Edward Adams his heirs and assigns for ever AND the said Philip Gell and John Nicholas Gell do hereby for themselves jointly and severally and for their joint and several heirs executors and administrators covenant and agree with the said Edward Adams his appointees heirs and assigns that notwithstanding any act done or suffered by them the said Philip Gell and John Nicholas Gell or their Ancestors to the contrary he the said Philip Gell is now lawfully seized of the said hereditaments and premises granted and released or intended so to be in fee simple free from all incumbrances whatsoever (except the Land Tax) And that notwithstanding any such act as aforesaid they the said Philip Gell and John Nicholas Gell now have or one of them hath full power to grant and release the said hereditaments and premises unto the said Edward Adams his heirs and assigns To the uses and in manner aforesaid And that it shall be lawful for the said Edward Adams his heirs appointees and assigns at all times hereafter peaceably to enjoy the same premises and to receive the rents and profits thereof without any interruption from or by them the said Philip Gell and John Nicholas Gell or their heirs or by any other person or persons lawfully or equitably claiming by from or under or in trust for them or either of them or any of their Ancestors and that absolutely discharged or otherwise by the said Philip Gell and John Nicholas Gell indemnified from and against all incumbrances made granted or suffered or hereafter to be made granted or suffered by them or either of them or any other person or persons lawfully or equitably claiming or to claim by from or in trust for them or either of them or any of their Ancestors And that the said Philip Gell and John Nicholas Gell and all persons claiming under or in trust for them or either of them or any of their Ancestors will upon request and at the expense of the said Edward Adams his appointees heirs or assigns execute all such further assurances as may be required by him or them for releasing and converting the premises unto the said Edward Adams his heirs and assigns in manner aforesaid AND LASTLY that they the said Philip Gell and John Nicholas Gell or one of their their or one of their heirs executors administrators or assigns (unless prevented by fire or other inevitable accident) will at all times hereafter upon any reasonable request in writing and at the costs of the said Edward Adams his appointees heirs or assigns produce and show forth or cause and procure to be produced and show forth unto the said Edward Adams his appointees heirs or assigns or to his or any of their Counsel Attorney Solicitor or Agent or before any Court of Law or Equity or at or upon any trial hearing commission or otherwise as occasion shall require the several Deeds Evidences and writings of the following dates (that is to say) 19th June 1719 11th January 1720 - 24 July 1721 - 5 August 1721 - 7th August 1721 - 14th August 1721 - 21st September 1721 - 7th June 1731 - 16th and 17th June 1731 - 15th April 1745 - Michaelmas term 20th Geo 2nd - 12th March 1752 - 12th April 1763 - 1st July 1764 - 1st July 1772 - 9th and 10th March 1782 - 6th and 7th April 1792 - 5th August 1795 - 27th May 1797 - 20th January 1800 - 21 July 1800 - 11th October 1800 - 31st July and 1st August 1801 - 11th January 1802 - 7th June 1804 - 24th September 1823 - 24th January 1825 - 6th February 1826 - Hilary Term 7th Geo 4th and 13th June 1826 - and 13th March 1826 which relate to the hereditaments and premises hereby granted and released and also to others of much greater value for the manifestation of the Title of the said hereditaments and premises hereby granted and released And also shall and will at the like request and costs make and deliver to the said Edward Adams his appointees heirs or assigns true and attested copies Abstracts or extracts of and from the said deeds and writings or any of them or any of them IN WITNESS whereof the said parties to these presents have hereunto subscribed their names and affixed their seals the day and the year first above written/--------------------

    John Eyre Isabella GELL=====v=====JESSOP 1739 | | |-------|-----|-----|----|----------|----------|-----| | | | | | | | 1723 1740 Philip John Maria Isabella Temperance Mary Anne 1795 1806 Catharine | | Philip Georgiana-Anne GELL=====v=====NICHOLAS 1795 | | |---|---|--------|-----|--------| | | | | | 1775 1777 1765 Philip William Mary Isabella John 1842 1836 Nicholas ==================================================== 1762 1757 Robert 1780 Elizabeth ADAMS=====v=====BUXTON 1835 | 1817 | |------|----|-------|---|---|----------|----------| | | | | | | | 1780 1782 1785 1787 1791 1796 1801 Sarah Ann Edward Thomas Elizabeth Charlotte Obadiah | | Edward Rebecca ADAMS=====v=====MELBOURN 1852 | 1867 | | |----------|------|--|--|----|-------|-----| | | | | | | | 1815 1817 1820 1822 1825 1827 1832 Elizabeth Sarah Mary Ann Martha Emma Robert

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