WILLIAM MYLREA jnr to CHANCERY COURT

Petition #122 - 1824 (Ballaugh)

To the honourable Cornelius Smelt, Lieutenant Governor and Chancellor of this Isle etc etc

The humble petition of William Mylrea by John Cain and William Cain, his guardians

Sheweth

That your petitioner is proprietor of one half of certain lands situate in the parish of Ballaugh part of the Quarterland of Ballacorraige and there are several mortgages affecting the said lands viz. one passed to William Cowley for forty-two pounds bearing date the 23rd of May 1806 and another passed by William Mylrea (your petitioner’s father) by and with the consent of Eleanor Mylrea his wife to William Kelly [sic] for the sum of two hundred pounds British bearing the date the 3rd of March 1810 and there are several years arrears of interest due on the said mortgages.

That the said mortgage to William Cowley will soon become elapsed it therefore becomes necessary to apply for your Honour’s order to raise money by mortgage on or sale of the said lands to pay off the said mortgages.

Your petitioner therefore humbly prays a hearing of this petition and that your honour may be pleased to authorize and empower your petitioner to raise by way of mortgage on or sale of the said lands or part of said lands a sufficient sum to pay off the said mortgages with the interest due thereon and that your petitioner may obtain such other relief in the premises as is just and he will pray etc etc etc

J. ….Gelling for the petitioner

Ordered that this petition do come on to be heard on the 7th October 1824 whereof all parties to have due notice. Given this day of October 1824. C Smelt

At a Chancery Court holden at Castle Rushen the 5th December 1824

It is hereby ordered that this petition be recorded and that the Clerk of the Rolls do proceed and take an examination of the ….. touching the matters thereof and report the same to this Court with all convenient speed. C Smelt

At an adjourned Chancery Court holden at Douglas the 3rd December 1824

Upon hearing this petition in presence of petitioner’s advocate and upon reading the report of the Clerk of the Rolls made in pursuance of the foregoing …. and upon consideration had thereof it appears to this Court to be advisable to raise by way of mortgage or security on the estate of Ballacorraige in this petition mentioned the sum of two hundred and eighty-four pounds British for the purpose of paying off and cancelling the Mortgage or Bond & Security at present affecting said estate.

It is therefore thereby ordered and decreed that the petitioners be and they are hereby authorized and empowered to raise by way of mortgage or security on the said estate of Ballacorraige the said sum of two hundred and eighty-four pounds Britishh for the purposes herein before mentioned.

Atholl

[Ref: Chancery Court Petitions 1824 #122]

NOTES

  1. Ballacorraige
  2. The minor, William Mylrea jnr, was the older son and heir-at-law of William Mylrea of Ballacorraige who was drowned in 1816, leaving the family in a parlous state financially. At the time of this petition, the boy would have been about 9 years old
  3. This petition follows an earlier appeal to the Courts, in which the Cains (brothers? and uncles of the boy?) were appointed as guardians of William jnr
  4. William's mother Eleanor was the possessor of a part of the estate, by virtue of her marriage to William Mylrea snr. She had taken a mortgage for £25 in 1821, presumably to make interest payments on existing mortgages - her mortgage was not mentioned in this hearing
  5. The facts presented in this petition are not entirely accurate, with the two mortgagees being JOHN Cowley and THOMAS Kelly, although the amounts of the mortgages are correct. Nevertheless, the amount sought should have been £242 but Atholl gave permission for them to borrow £284
  6. After this petition, the guardians took a mortgage in 1825 with Thomas Kelly for the sum of £284

Associated Documents

Last updated: Mar 2016