Legal cases: Archer of Tanworth

Description

Papers relating to a Chancery case brought by Simon Archer, Tanworth, esq. against Sir Edward Mountfort, Bescote, Walsall, Staffs. 20 Dec 1610 Mountfort negotiated with Archer his father Andrew for the sale to them of various lands and premises in Tanworth viz: Messuage, 3 closes and 1 meadow called Pages tenement; Pasture now divided into 2, with meadow adjoining, called Quyne land alias Coney land. Mountfort declared that his title was sure: Andrew Archer paid £300 for the property and Mountfort levied a fine thereof to the use of Simon Archer and his heirs 20 June 1611 Mountfort entered into agreement with Archer and his father with regard to: Manor house lands of Codborowe in Tanworth; lands known variously as Moat close; Umbrels close; Little Croft; Plane coppice; Petty leasowes; Wiseworth; Great Meadow; Umbrels Meadow; Bonnell meadow; Foxcroft. All which were formerly in occupation Robert Attwood, now Francis Buckley. Other lands (detailed) Mountfort declared that his title was good to these as son and heir of William Mountfort esq., son heir of Francis Mountfort and Ann his wife, a daughter of William Willington, upon whom the premises were entailed. Declared he had full power to sell and Archers therefore purchased the premises for £500 which were subject to lease for lives, dated 14 June 1606, during lives of Elizabeth Attwood, sister of Robert, Charles Stanley, Horborne, Staffs, gent Robert Attwood, son of Henry Attwood of Bushberry at £10.10s pa Fine duly levied to use of Simon Archer his heirs yet now Mountfort claims premises subject to his marriage settlement entailed upon his issue, and retains all the deeds appertaining thereto Certified copy of deed 5 July 1535 Grant by Simon Mountfort, esq. to Sir Ralph Longfurth, Sir George Greseley, Richard Catesby, William Ardern, John Conwey, Thomas Fitzherbert, William Willington, Edward Grevile, Basil Fylding, Thomas Holte, Robert Middlemore, William Sheldon, esquires, of manors of Kingshurst and Monkspath with appurts. And lands, tenements, meadows, pastures c in Kingshurst, Coleshill, Sheldon, Monkspath and Tanworth. Also manor of Barkenscote [Bascote] and appurtenant lands in Barkynscote, Walsall, Bloxwich Weddesbury, co. Staffs. As Trustees to the uses specified in the marriage settlement of Francis Mountfort, son heir of Simon, and Ann, daughter of Willington, by indentures between Mountfort and William Willington, dated 3 July 1535. Warranty clause. Copy examined 29 Sept 1614 by Edward Newman, Oliver Anderton, Edward Benford, Edward Knight, Thomas Parsons and William Batch: [?elor] Mountford's answer delivered 3 November 1617: He believed at the time that his title was unentailed and was so advised by his lawyer when he undertook to bargain sale to the Archers Understands that William Willington was previously owner of Codborough and devised the same by his will dated 28 March 1555 to Anne Mountford his daughter, wife of Francis (grandparents of Sir Simon) with reversion to her heirs in default to the right heirs of the testator. Their son William inherited and, during his lifetime did nothing to break the entail. the other premises: were settled by Simon Mountford to the uses of the m/s Francis Mountford Ann Willington [as above] in tail male since which time nothing has been done to break entail save that before his marriage Sir Simon entered into agreement with Valentine Browne (now Sir) concerning entail upon heirs male of Simon, but no fine levied nor recovery suffered so thinks had good title to sell. Denies any attempt to defraud Archers of good title.