Chancery Depositions (PRO C8/297/76 Geo Toller v Jas Walford and Jn Cressener)

25.11.1684 (Tuesday 25 November 1684)

document 17100276

Geo Toller of Earls Colne gentleman shows that about 7.4.last Jn Cressener gentleman seised of the messuage situate in Earls Colne in the tenure of Jas Walford for a certain term not expired and by virtue of a lease made to the said Walford by Cressener to farm let all these premises whereby Cressener reserved for himself the right to let a great part of the leasehold premises viz the porch the entry hall little parlour hall chamber little parlour chamber closet over the porch and hood garrets cellar and pantry two orchards and liberty to fetch water at the pump and brewing washing and baking in the brewhouse and setting wood in the yard at the end of an outhouse with use of stable Cressener understood that these premises were suitable for Toller and proposed to let them it was agreed on 7.4.last that for 6li rent per annum paid half yearly the first payment on ladyday and that Toller should let Walford enjoy the crop of corn which Wallford then had growing on part of the premises Toller should hold all the premises and enter when he pleased from the time of his entry until the time of michaelmas next so that by the said agreement Toller was to pay for eighteen months 9li which was much more than the premises were worth Cressener gave Toller the keys and on the same day and for a few days afterwards Toller moved his goods such as boxes chests and trunks in which were bonds bills and other writings and also implements utensils and household stuff of great value and Toller allowed Walford to make the best advantage he could of the crop of corn and spent a lot of money on repairs to the premises and was always ready to do what he ought Cressener made a note of memorandum which Toller took from his mouth and promised until he should make a proper writing for that purpose ready to be produced to the court but now after moving his goods Toller left the keys with Walford thinking that Walford would let him have the use of the premises but Cressener and Walford combining to defraud him did on 11.8.last though till then they had allowed Toller to enjoy the premises not only refused to let him enter to put the rest of his goods and take possession but refused to let him see the writings left in the house to his great prejudice and his clients they kept all his goods and he had no habitation he has no means to enforce the agreements witnesses being dead etc asks Jn Cressener to set forth whether he made this agreement and whether he did not leave the keys and whether Toller did not have the keys and do repairs and Cressener and Walford should answer whether Toller left his chests trunks etc and how many and their value and the contents and who removed them and where they now are and show why they keep the same subpoena on them