NRA-L-000027 / 1841
Letter from R. C. Campion to J. Phillips concerning property conveyancing, 1841-10-11
English legal correspondence from R. C. Campion in Exeter to J. Phillips at Beach Cottage, Hastings, dated 11 October 1841. The letter concerns a possible property transaction and detailed questions of conveyancing, leases, possession and stamp duties, followed by a brief personal postscript.
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NRA-L-000027
Transcript and readable English text
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Address Panel
Original transcript
J. Phillips Esqre
Beach Cottage
Hastings
Address Panel
Readable English text
J. Phillips, Esq.
Beach Cottage
Hastings
Letter Text
Original transcript
Exeter 11 Octr 1841
Dear Phillips,
I am sorry to say that I
can't find your former Letter containing
the particulars of the Policy & Mr Moore says
that he has destroyed my former letter to
him, so that we neither of us know the
particulars _ He will not make an offer
till after you have given him a price _
If therefore you will send me the parlars
& the price you intend to ask, I will
endeavour to get him to purchase or
make an offer _ I am afraid that he wants
to make too [crossed out: easy?] favorable a bargain for
himself, but I will do all I can .
As to my Conveyce of the Reversion in fee _ Shod
not the origl Lease be recited, & agreemt for sale subject to the sd Lease without taking any
notice of the Mortgage, to Vendors & then the Conveyce, to Hold the
Premes "with the benefit of the Rents & Covts contd in the sd recited Indre of
"Lease, but subject to the sd Lease," unto & to the Use of the Purchr his Hrs & Asss?
You say a Com law Lease _ which is done I suppose by
using "demise & grant," instead of Bargn & Sale, & all the
rest will be like the lse & Rlse for a year, except
the latter pt referring to the Statute, & stating the intent to be
to take a Release of the Revon _
[crossed out: Don't you think] I understand that the Town Council can't
make the use Bar & Sale for a Year.
If a Common Law Lease be made, must
there be Livery of Seisin. This will be troublesome
as the origl Lease is mortgaged to me, I suppose
it can't be said that the purchr will be in possn
under that Lease _
Cold not this Revon be conveyed by Grant
without any Lease for a Year
If Livery of Seisin be made, I suppose it must be
stated to be done (by indorsemt) with consent of the Lessee
of the present Lease _ Mr Rowe was the origl Lessee &
he assigned to Mr Gliddon, who mortgaged it to me
and intends to buy the Revon in fee _ Mr Gliddon
now occupies the premises _ The Indorsemt wold
state that possn was taken by the Com Law Lessee
with the consent of _ _ who? _ Mr Gliddon or Mr Campion
the Tenant in possession _
By 4 Vict ch 21 (passed this Year) Every Release without a
Lease for a Year, which shall be expd to be made in pursce
of this Act shall be as effectl as if the Releasor had
exed a Lease for a Year the Rels havg the same Stamp
as the Lease for a Year - As this Stat does not say
Bargn & Sale for a Year, does not the word Lease
for a Year include a Com Law Lease as well
as a Bargn & Sale for a Year -
I shd like to avoid the Com Law Lease
if it cd be done with safety.
The progressive duty for a mortge is 20/ & for a Deed
25/. - If both Deed & mortge Stamps be taken, I suppose
the highest progressive (25/) wd be best, but not both
progressive Stamps
I am very much obliged to you for
your advice herein.
As you do not complain in your letter I
conclude you are tolerably well & am
glad, you find Hastings agree, notwithstanding
the Weather is so unfavorable -
Yours very truly
R C Campion
I don't think there is a chance of doing any thing at the Bar
without very extraordinary abilities, therefore I think I
shall prepare my son for the Church.
Notes
Authorial revisions: interlinear insertions are integrated at the position intended by the writer. Canceled wording is identified in square brackets as crossed out; no canceled reading is silently adopted.
Letter Text
Readable English text
Exeter, 11 October 1841
Dear Phillips,
I am sorry to say that I cannot find your former letter containing the particulars of the policy, and Mr Moore says that he has destroyed my former letter to him, so that neither of us knows the particulars. He will not make an offer until after you have given him a price. If, therefore, you will send me the particulars and the price you intend to ask, I will endeavor to get him to purchase or make an offer. I am afraid that he wants to make too favorable a bargain for himself, but I will do all I can.
As to my conveyance of the reversion in fee: should not the original lease be recited, together with the agreement for sale subject to the said lease, without taking any notice of the mortgage to the vendors, and then the conveyance be expressed to hold the premises "with the benefit of the rents and covenants contained in the said recited indenture of lease, but subject to the said lease," unto and to the use of the purchaser, his heirs and assigns?
You say a common-law lease, which I suppose is made by using "demise and grant" instead of bargain and sale. All the rest will be like the lease and release for a year, except the latter part referring to the statute and stating that the intention is to take a release of the reversion.
I understand that the Town Council cannot use bargain and sale for a year.
If a common-law lease is made, must there be livery of seisin? This will be troublesome. As the original lease is mortgaged to me, I suppose it cannot be said that the purchaser will be in possession under that lease.
Could not this reversion be conveyed by grant without any lease for a year?
If livery of seisin is made, I suppose it must be stated, by endorsement, to have been done with the consent of the lessee under the present lease. Mr Rowe was the original lessee and assigned it to Mr Gliddon, who mortgaged it to me and intends to buy the reversion in fee. Mr Gliddon now occupies the premises. The endorsement would state that possession was taken by the common-law lessee with the consent of - whom? Mr Gliddon or Mr Campion, the tenant in possession?
Under 4 Vict. c. 21, passed this year, every release without a lease for a year that is expressed to be made in pursuance of the Act is as effectual as if the releasor had executed a lease for a year, provided that the release bears the same stamp as the lease for a year. As the statute does not say "bargain and sale for a year," does not the term "lease for a year" include a common-law lease as well as a bargain and sale for a year?
I should like to avoid the common-law lease if that can be done safely.
The progressive duty for a mortgage is 20 shillings and for a deed 25 shillings. If both deed and mortgage stamps are taken, I suppose the highest progressive stamp, 25 shillings, would be best, but not both progressive stamps.
I am very much obliged to you for your advice in this matter.
As you do not complain in your letter, I conclude that you are tolerably well, and I am glad that Hastings agrees with you, notwithstanding that the weather is so unfavorable.
Yours very truly,
R. C. Campion
I do not think there is any chance of accomplishing anything at the Bar without very extraordinary abilities; therefore, I think I shall prepare my son for the Church.
Notes
Reading policy: because the manuscript is already in English, this is a modernized reading rather than a translation. Abbreviations are expanded and punctuation regularized without changing the legal substance. Textual point: the manuscript appears to read Mr Campion in the question concerning consent, although Mr Rowe might be expected from the preceding chain of title. Campion is retained and has not been silently corrected.
Postal Marks and Annotations
Original transcript
EXETER / OC 12 / 1841 / B
HASTINGS / OC 14 / 1841 / [A?]
[manuscript marks:] [1/2?] / 11
Postal Marks and Annotations
Readable English text
EXETER / 12 OCTOBER / 1841 / B
HASTINGS / 14 OCTOBER / 1841 / [A?]
[manuscript marks:] [1/2?] / 11
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