Chancery Depositions (PRO C9/25/32 Thos Clark v Jn Hunwick and Rich Caplyn)

6.5.1662 (Tuesday 6 May 1662)

document 16600677

the several answers of Rich Caplyn one of the defendants to the bill of complaint of Thos Clark complainant the said defendant now and at all time for uncertainty etc says that he claims to him and his heirs in fee simple the messuage and tenement in the bill called Littmans alias Giffords being long since divided into two messuages or tenements with appurtenances one of these messuages being one messuage and garden with appurtenances which this defendant about twelve years since purchased to him and his heirs by deed of feoffment of Alan Hunwicke son and heir of Wm Hunwicke deceased which this defendant paid to Alan Hunwicke a valuable consideration of money and the other of the messuage being a messuage yard and garden with appurtenances being the residue of the said messuages and premises called Littmans and Giffords this defendant about seventeen years since purchased to him and his heirs by deed of feoffment from Jn Hunwicke the younger which the defendant also paid Jn Hunwicke the younger a valuable consideration in money which two messuages plus appurtenances this defendant does now and ever since his purchases has held and enjoyed and received the rents and profits thereof to his own use and says that he has in his custody the two deeds of feoffment made to him which said two deeds being now in the country far remote from the defendant he cannot set forth the contents or dates thereof but refers himself to the deeds themselves which he shall be ready to produce and show to manifest his title as occasion shall be and the defendant says that he does not know that the tenements called Littmans and Giffords was at any time granted or conveyed by means of mortgage or otherwise unto Rich Stoakes in the bill in fee simple or any other estate neither does the defendant know or believe that Rich Stoakes or the complainant or any other persons in the bill named under whom and by whom the complainant claimed from Rich Stoakes ever had any claim title or interest in the messuages called Littmans and Giffords or in any part or parcel thereof and this defendant says that he has not nor does claim nor ever has claimed any estate title or interest in any other lands or tenements in the bill mentioned or ever did possess or enjoy the same or take or receive any rents or profits thereof other than Littmans and Giffords and says that he now has in his hands and custody which he late received of the other defendant Jn Hunwicke in the bill named one deed of feoffment bearing date 1.2.45Eliz1 whereby Jn Hunwicke the father in the bill named purchased the messuage or tenements purchased by the defendant aforesaid with the garden and orchard adjoining and the messuage or tenement appertaining plus appurtenances called Littmans and Giffords together with other lands and tenements before mentioned to him Jn Hunwicke and heirs of Eliz Ennowes widow and one transcript or amplification of a recovery of all the messuages lands and premises which was in easter term in the first years of king James late king between Francis Hunwicke and Wm Green demandants and Jn Hunwicke the father tenant and Eliz Ennewes vouchee and an ancient deed bearing date 5.2.1Edw6 whereby Jn de Vere earl of Oxford did grant the messuages land and premises to Rich Ennewes and his heirs which are all the writings deeds or evidences that the defendant has or ever ha concerning the messuage lands and premises purchased by the defendant together with other lands and tenements in the bill and which do belong to this defendant which writings and evidences this defendant keeps and claims to hold to justify and maintain his right and title to the messuage and tenements purchased by him and he says he does disclaim all right or title to all and every the lands and tenements in the bill except only the same which he purchased as aforesaid and he denies that he did ever combine or confederate with the other defendant Jn Hunwicke or that he has or ever had in his hands or custody or in the hands and custody by his delivery knowledge or privity any other deeds writings or evidences concerning the messuages lands and tenements in the bill or any part thereof save only the writings and evidences herein before confessed and he says that he married the daughter of the defendant Jn Hunwicke the son and that he did purchase of Alan Hunwicke son and heir of Wm Hunwicke in the bill part of the messuage and lands called Littmans and Giffords and he denies that he has or ever had or did ever see the pretended deed in the bill mentioned and pretended to be made in or about .9.3Jas1 or any other deed whereby the messuages lands and premises or any part thereof were conveyed or pretended to be conveyed to or pretended to be conveyed to Wm Hunwicke and heirs in possession or remainder or that this defendant has or ever had such pretended deeds or does know where has or ever had the same or where the same is or was if any such deed ever were or that this defendant has or ever had or did know who has or ever had any ancient other deeds or evidences concerning the premises or any part of thereof other than those that are herein before confessed and set forth without any matter or thing etc