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Chancery Depositions (PRO C8/544/10 Edw Ingram v Jn Crow)

28.11.1694 (Wednesday 28 November 1694)

document 17300005

Edw Ingram of Halsted shows that Jn Crow the elder and Jn Crow the younger heirs as tenants in common and not joint tenants to one messuage 20a Malloryes held of Colne Priory by copy of court roll Jn Crow the younger having need of money borrowed of Ingram three score and ten pounds (70li) for security of which he surrendered half the premises above on the understanding that the surrender would be void if he repaid the capital and interest he did not pay the money and at a court of 22.4.1693 Ingram was admitted tenant to the property and paid a fine to the lord for admission and also a fine for the admission of Jn Crow the younger charges for which with the original debt amounts to 100li and upwards which is much more than the moiety is worth Ingram hoped he might enjoy the profits of the property but Jn Crow the elder the father of Jn Crow the younger refused to pay any rent for his moiety though he held and enjoyed the whole and also refused to sow Ingram's land though Ingram was willing to pay half the charge of this Jn Crow the elder out of a wilful and perverse disposition would not let Ingram put in any tenant of his own to make profits so the lands were not ploughed and no profit made Ingram has had not any rent or profit since the mortgage nor is he likely to unless the premises is divided the custom of the manor is that the court baron divides in such cases tenements held in common and the two parts are held separately by meets and bounds therefore by a court 28.3.last did desire this should be done and there was a precept made by the steward eight persons duly sworn to view the premises and to make equal partition of it between Ingram and Jn Crow the elder and having done this they made division as follows Ingram to have the east end of the messuage being hall and chambers over and porch in front of the house and an old barn on the same side and that part of the yard and of the moor that lies east of the yard across to an aldercarr part of the premises anciently from the rest of rest of the moor and all the lands lying eastward from the moor to a brook which parts the premises from the lands now in the occupation of Thos Tiffin altogether six closes for the moiety also they did allot the parlour parcel of the messuage and chambers over it and the buildings lying on the west and one orchard and all lands from west end with a barn to the lands now in the occupation of Jn Newton on the south six parcels to be held by Jn Crow they also ordered Ingram and Crow should have common way through the yard in front of the messuage to their several parts the court ordered this division to be firm and valid and neither should hinder or disturb the other but Jn Crow would not let him enjoy his moiety so the premises remain unprofitable and Ingram will never receive his monies though for quietness sake Ingram is willing to let Jn Crow have either half whichever he chooses Jn Crow denies that there is any custom of the manor allowing such a division and continues to disturb Ingram and won't submit to any partition he asks the court to ratify the partition and compel Jn Crow to allow him to enjoy his moiety asks for writ of subpoena against Crow