JOHN ISAAC MYLROIE to ROBERT CURPHEY

Sale - 1908 (Lonan)

This indenture made this twentieth day of March one thousand nine hundred and eight (1908) between John Isaac Mylroie of Trumpet Terrace, Cleater in the county of Cumberland, mineral borer, a bachelor of the first part, Thomas Robinson of number 9 (nine) Trumpet Terrace aforesaid, deputy pit manager, and Elizabeth Davidson Robinson his wife and lately widow of John James Mylroie and mother of the said John Isaac Mylroie of the second part and Robert Curphy of “Verona” in the Borough of Douglas in the Isle of Man, gentleman, of the third part whereas the said John Isaac Mylroie who is the only son and heir at law of the late John James Mylroie is now the owner in fee of the property called Ballacosney hereinafter described subject to the life interest of his mother Elizabeth Davidson Robinson therein and whereas the said John Isaac Mylroie, Thomas Robinson and Elizabeth Davidson Robinson formerly Mylroie (John Isaac Mylroie, Thomas Robinson and Elizabeth Davidson Robinson formerly Mylroie being hereinafter referred to as the vendors) have agreed to sell to the said Robert Curphey the whole of their estate, right, title and interest in and to the said property for the sum of seven hundred and eight-five pounds and he the said Robert Curphey has called for this conveyance

This Indenture therefore witnesseth that the vendors in consideration of the said sum of seven hundred and eight-five pounds whereof the sum of five hundred and fifty-six pounds fourteen shillings and sixpence in the amount due as set out in the schedule hereto under and in respect the two Deeds of Bond and Security hereinafter referred to and the balance or sum of two hundred and twenty-eight pounds five shillings and sixpence is now paid to the vendors by the said Robert Curphey the receipt whereof is hereby acknowledged do hereby give, grant, bargain and forever absolutely sell and convey unto the said Robert Curphey all and singular those lands and premises situate in the parish of Lonan part of the Quarterland of Ballacosney, Quarterland or Intack, intending to include herein those lands part of the said Quarterland purchased by John Mylroie from Richard Rowe and wife and James Hutchin and wife by two Deeds of Sale respectively dated the twenty-fourth of July one thousand eight hundred and forty-eight (recorded on the twenty-fourth day of July one thousand eight hundred and fifty-eight) and the fifteenth day of April one thousand eight hundred and fifty-three (recorded on the twenty-first day of May one thousand eight hundred and fifty-three) containing twenty-eight acres two roods and thirty-six perches or thereabouts together also with the dwelling house and all buildings and erections thereon the whole being bounded on the north by Ballagare the property of Mrs Quayle widow of the late William Quayle, and also by the property of John Moughton on the south of Ballagare aforesaid, and by part of Baldoon the property of John Cain of Baljean, on the east by the property of the said Mrs Quayle, and on the west below main road by the property of the said John Cain and above the main road by the road or lane dividing Breckwilly part of the Quarterland of Ballacosney lately purchased by William Henry Waterson from the lands and premises hereby conveyed together with all ways, waters, watercourses, liberties, easements, rights, members, privileges and appertenances to the same belonging or in any wise appertaining and also the whole estate, right, title and interest both legal and equitable of the vendors and each of them in and to the same to have and to hold the said property and every part thereof unto the said Robert Curphey, his heirs and assigns from the date hereof absoutely and forever he the said Robert Curphey, his heirs and assigns yielding and paying the Lord’s or Chief Rent, Tithe and Taxes and also paying and performaing all boons, suits and services annually or otherwise incumbent thereon and the said property is hereby conveyed subject thereto and subject also (1) to all covenants, conditions, restrictions, provisoes, and agreements (if any) contained in any duly recorded prior Deed of Sale or other instrument of title so far as the same are now existing and capable of being enforced, (2) to all rights of way and water and other easements, if any, effecting the same, and (3) to a certain Deed of Bond and Security bearing the date the ninth day of December one thousand eight hundred and sixty-five granted and passed by John Mylroie and Ellen Mylroie his wife to William Fargher for the principal sum of three hundred and sixty-four pounds and seventeen shillings and also to a further Deed of Bond and Security bearing the date the fourteenth of November one thousand, eight hundred and seventy-four granted and passed by the said John Mylroie and wife to the said William Fargher for the principal sum of one hundred and eighty-five pounds and which two Deeds are secured upon the property hereby conveyed and are now vested in Margaret Fargher of North Baldrine in the parish of Lonan, spinster, by Deed of Assignment bearing date the eighth day of May one thousand nine hundred and one from John Fargher, administrator de bonis non with the will annexed of the late William Fargher and the said Robert Curphey for himself, his heirs, executors, and administrators doth hereby covenant with the vendors and each of them and their respective heirs, executors and administrators that he the said Robert Curphey, his heirs and assigns shall (1) at all times hereafter observe, perform and abide by the whole of the said covenants, conditions, provisoes and agreements herein before referred to, (2) pay and discharge whenever the same may be payable the amount now or hereafter to become due and payable in respect of principal, interest, costs and charges under the said two recited Deeds of Bond and Security or either of them, and (3) indemnify and save harmless forever hereafter the vendors and each of them and their respective aforesaids from and against all actions, claims, demands, damages, costs and expenses in respect of any future breach of the said covenants, conditions, restrictions, provisoes, and agreements herein before referred to or any of them and in respect of non-payment of the principal or other moneys of the said two recited Deeds of Bond and Security or either of them or in anywise relating thereto and the vendor do and each of them doth for themselves and their respective heirs, executors and administrators covenant with the said Robert Curphey, his heirs and assigns that they and each of them have and hath good right, full power and lawful authority to sell and convey the said property in manner aforesaid and that they and each of them and their respective aforesaid shall and will warrant, maintain, uphold and defend the same unto the said Robert Curphey, his heirs and assigns from and against claim, challenge and demand of any and every person. In witness whereof the parties hereto have hereunto subscribed this the day, month and year before written.

[what follows is an itemised accounting of the debts, costs and charges that provide the full amount owing to the Farghers]

John Isaac Mylroie, Thomas Robinson, Elizabeth Davidson Robinson

Signed and delivered by the vendors in the presence of William Dickson, Whitehaven, solicitor & Lawrence James Prior, Park View Whitehaven, clerk to Hansen, Dicksen & Hawson, solicitors Whitehaven

R. Curphey

Signed and delivered by Robert Curphey in presence of: - Percy George Cannell, W.Killey

At Whitehaven in the county of Cumberland England the twentieth day of March 1908 Lawrence James Prior of No 3 Park View Whitehaven, Cumberland Clerk to Hawson, Dickson and Hawson of Whitehaven aforesaid solicitors one of the subscribing witnesses to the execution of the foregoing Deed and of whose identity I have satisfied myself personally appeared before me Henry Jackson Whiteside, public notary of Whitehaven, and made oath on the Holy Evangelist that John Isaac Mylroie, Thomas Robinson and Elizabeth Davidson Robinson three of the executing parties thereto duly executed the same in presence of deponent and of William Dickson of Whitehaven aforesaid solicitor the other subscribing witness thereto. In testimony whereof I the said notary public have hereto subscribed my name and affixed my official seal. H.J.Whiteside, notary pubic

At Douglas, Isle of Man, this 24th day of March 1908 Percy George Cannell one of the subscribing witnesses to the execution of the foregoing Deed (who is known to me) personally appeared and made oath on the Holy Evangelist that Robert Curphy the other executing party thereto duly signed the same in presence of deponent and of William Killey the other subscribing witness thereto. Before me Frank J. Johnson, Reg of Deeds

Registry Office of Deeds 24th March 1908 I certify that the foregoing Deed was this day at the hour of 12.15 o’clock afternoon received by me at this Office for the purpose of being registered and recorded according to law and that the same is duly registered and recorded in the Requisition Book 16 page 248 No 3218. Frank J. Johnson, Registrar

In the matter of the conveyance from John Isaac Mylroie, Thomas Robinson and Elizabeth Davidson Robinson his wife and lately widow of the late John James Mylroie to Robert Curphey of all and singular certain lands with the dwelling house and buildings thereon situate in the parish of Lonan called and known as Ballacosney I the above named Elizabeth Davidson Robinson of number nine (9) Trumpet Terrace, Cleater in the county of Cumberland, being sworn made oath and say

- Ellen Mylroie referred to in the annexed certificate of death marked with the letter A was the widow of John Mylroie who was the father of my late husband John James Mylroie

- My late husband John James Mylroie was the eldest son and heir at law of John Mylroie who died in the month of February one thousand eight hundred and seventy-six at Laxey in the parish of Lonan in the Isle of Man

- John James Mylroie died on the first day of March one thousand eight hundred and eighty-eight at No 42 Trumpet Terrace aforesaid

- The above named John Isaac Mylroie at present residing at Trumpet Terrace, Cleater, in the county of Cumberland, mineral borer, is the only son and heir at law of the said John James Mylroie, deceased, and is a bachelor.

Dated this 20th day of March one thousand nine hundred and eight. Elizabeth Davidson Robinson Taken and sworn at Whitehaven in the county of Cumberland England this 20th day of March one thousand, nine hundred and eight (1908).

Elizabeth Davidson Robinson

Taken and sworn at Whitehaven in the Country of Cumberland England this 20th day of March one thousand, nine hundred and eight (1908) Before me H.J.Whiteside, notary public

Registry Office 24 March 1908 I certify that the foregoing Deed was this day at the hour of 12.15 o’clock afternoon received by me at this Office for the purpose of being registered and recorded according to law and that the same not being duly captioned is deposited in this Office for safe custody in terms of the 8th Section of the Registration Act 1868 and entered in Registration Book 16 page 248 No 3217. Frank J. Johnson, Registrar

[Ref: March 1908 #39 Lonan]

NOTES

  1. COLBY - Ballacosney
  2. John Isaac Mylroie was the grand son of John Mylroie & Ellenor Fargher, by their oldest son John James who was baptised in 1852 in Lonan
  3. Although he was heir at law to Ballacosney, John James was a miner, first in Laxey and later in Whitehaven
  4. Ballacosney had been heavily encumbered by John Mylroie to the tune of £556/14/6 in the years prior to his death in 1876 which might explain why he was working in England
  5. John James married Elizabeth Davidson Hunt in 1885, had his only son John Isaace Mylroie in 1886, and died in the UK in 1888
  6. John Isaac Mylroie sold Ballacosney to Robert Curphey, for £785 perhaps because repayment of the debt was insurmountable or perhaps because the young man had been born and raised in the UK, and was not a farmer
  7. Whatever the reason, in 1908 Ballacosney passed out of the Mylroie family forever

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Last updated: Jan 2017