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

3.1.1685 (Saturday 3 January 1685)

document 17100367

Jas Walford and Jn Cressener sworn at Billerickey say that it may be true that Cressener was seised of the demesne in Earls Colne part of which was let to Jas Walford yet unexpired wherein there are some reservations for the use of Cressener the reserved premises are now in Cressener's possession and both deny combination and Walford says he is not concerned with any of the matters in the bill except that he is part tenant of the premises and disclaims all right and reserved premises insists he ought not to have been sued but should have been a witness Cressener says that Toller applied and earnestly importuned him to have the reserved rooms in the house also liberty to pass the porch which Cressener had reserved for himself and that he would not debar Walford from entry Toller said that he was newly married and lived with his father in law and that the house would be a convenient place for him to resort to when he should be overtaken with drink being at such times not willing to expose himself to his father in law Toller should allow Cressener to reenter at any time and at midnight or any other time Toller would allow him to enter but Cressener was very unwilling to go along with this arrangement Cressener often came to Earls Colne and of being in his house himself but at last Toller prevailed on him with fair speeches and allowed Toller to enter on sufferance on the understanding that Cressener should have the use of the house whenever he wanted and gave him the keys of the rooms it may be true that there was a discourse between them that Toller should pay 6li per annum for the use of the premises for as long as Toller had possession and Walford should be allowed to take a small crop of beans on the reserved premises but denies any certain time of the holding of the premises was agreed on or any talk had been between them Toller entered into the premises but there was never any agreement in writing or talk of it about three months after Toller's entry Cressener came to Earls Colne and wanted to use his house he sent his servant to Toller asking for the keys which he had delivered and he reentered and finding that Toller had made no or little use of the house and put very little goods in the house and as he wanted the use of the rooms so he told Toller this and asked what he should do with the things in the house Toller replied he could do as he liked with them another time he said he would made Cressener bring them home to him so Cressener caused all the goods in his house to be sent back to Toller's house viz one old empty writing desk left open two or three small pieces of deal wainscot one deal box with some drinking glasses in a whole bundle of old writs or so he took them to be a loose piece of written parchment a rubbing brush a pale fire pan and two or three small utensils of little value but the true value he doesn't know doesn't know that there were any other goods in the house all of which were sent back only there remained some faggots on part of the premises which he could have carried away Toller had the keys for a quarter of a year but Cressener never asked any rent and he absolutely denies the bill of complaint he says Toller did not lay one penny for repairs of the premises nor was there any need for him to after his reentry Toller never demanded to go back or asked for the keys or did he hear any more till served with a subpoena