National Archives file C7/458/82
Description: Short title: Lady Dirleton v Dalmahoy.
Plaintiffs: Elizabeth [Maxwell] Countess of Dirleton and others.
Defendants: Thomas Dalmahoy and others.
Place or subject: property in Wanborough, Surrey and Kidland, Northumberland.
Document type: answer only. SFP Date: 1657
[Transcript Complete]
The said defendants say and each of them saith that they do believe it to be true that the late Earl of DIRLETON [?] [of] this defendant the Duchess HAMILTON was seized in his demease as of fee of and in the Manor Rectory and [?] of // Wanborough […] in the County of Surrey in the Bill mentioned being of the yearly value of three thousand Pounds or thereabouts and likewise in the Manor of Ridland and lands in Cumberland and therein also mentioned and that // about the yearly value. And that he did mortgage the same to William WESTON Esquire for the security of the payment of two thousand five hundred pounds with interest as in the Bill mentioned and that // the Earl did by the same deed of Mortgage or in some other of the same date covenant and promise to pay the said two thousand five hundred pounds with interest at the days and times in the said […] //For the payment thereof. And these defendants doubt not to make it appear that the said Earl paid some part of the interest for the said two thousand and five hundred pounds about they take it to be true that […] // Payment for that the said mortgage became forfeited. And the said William WESTON became entitled to into the premises [?] did enter thereunto for the satisfaction of his money to him secured thereby as his lands // And do believe it also to be true that the said Earl did by some writing dated on or about the time in the Bill mentioned quit and dispose the said manor of Wanborough and premises in the County of Surrey // Mortgaged as aforesaid amongst other things to the Complainant the Countess of DIRLETON for the term her life. But these defendants do not know nor believe that the said Earl did intend that the // Defendant the Duchess of HAMILTON his daughter should redeem the premises out of mortgage as by the Bill is pretended for that it was well known to the said Earl her father that she this defendant was // Use way in a capacity nor had means to redeem the same. But these defendants do believe that the said the said late Earl did intend that with his personal estate the said money which he had borrowed upon the said // Mortgage as foresaid should be paid by the said Complainant his executors according to his covenant and promises aforesaid. And handing a power in himself to dispose also of the trust and equity of and to the // [?] of the said mortgaged premises her said late Earl the better to make promission for this Defendant his eldest daughter whom he took [?] to be but [?] provided for did by a writing by [?] // [?] and [?] bearing date on or about the seven and twentieth day of April in the year of Our Lord God One thousand six hundred and fifty [1650] give and dispose unto this defendant and his heirs after // [?] [?] the said Complainant his wife the said Manor of Rectory of Wanborough and the lands in Surrey mortgaged as aforesaid and within four days after he the said Earl ([?] made his Last Will and // Testament and the said Complainant his wife sole executrix thereof) died possessed of a great personal estate sufficient as these defendants doubt not to make it appear to this Honourable Court to have paid all // Just debts with in [?]. And that the Countess of DIRLETON proved the said Will and possess herself of the said personal estate and ought as these defendants humbly [?] to have satisfied and [?] // What was [?] of the said Mortgage money at the time of death while not being done these defendants doubt not but to make it appear that the said WESTON did enter into that part of the mortgaged //Premises in the County of Surrey and did by himself and such as her authorised in that behalf receive the rents issues and profits thereof in or towards satisfaction of his said mortgage money [?] // Appeared by the Complainants Bill that by the decree therein mentioned which she obtained in this honourable Court and to which cause this defendant the Duchess HAMILTON was no party [?] the said // Complainant was to hold the said mortgaged premises in the County of Surrey for the [?] of her life according to the said late Earl’s declaration but not until after the said mortgage money was paid to the // said William WESTON. And this said Defendant in a cause by her exhibited into this honourable Court whereunto the said Complainant and the said William WESTON and others are defendants hath the [decree?] // of this Honourable Court that the said William WESTON his heirs and assigns after the said mortgage money to him satisfied should convey to this defendant and her [?] or such as she could // Appoint the reversion after the death of the said Complainant of the said mortgaged premises in Surrey and what other particulars are in the said several decrees these defendants not having be // [?] at present by team do refer themselves to the records of this honourable Court how be it they do humbly [?] that [?] one of them to which they or other of them act not // Partly doth not concern them nor their estate. And these defendants further say that in regard the said Manor of Ridlands lands in Cumberland were mortgaged to the said William WESTON together with // the said lands in Surrey for our [?] [~?] as aforesaid but the said William WESTON had not entered upon them received any profits thereout towards the said debt. And that the equity of // Power of redemption of those lands encumbered was descended unto her Right Honourable the Lady Susannah CRANBOURNE this defendant’s sister together with this defendant as [?] // And convey to the said Earl. And both this defendant and her sister and for Lord CRANBOURNE her husband having and in [?] and occasion to make Sale of the said lands in Cumberland // did together with the Complainant […] did claim a [?] But title of Dower therein about the eighth day of March in the bill mentioned to come to an agreement with the said // William WESTON for her apportioning of the said original mortgage money and the interest thereof. And the allotting of an equal proportion and moiety thereof upon the said manor of // Ridland and lands in Cumberland being estimated of equal yearly value with the said mortgaged lands in Surrey the better to distribute the payment at the present between these defendants and // Said sister and accordingly by the that agreement the […] two hundred and fifty pounds being one full moiety of the said principal sum [?] with interest for the same from the // True of the first lending thereof was allotted to be charged between defendant and said sister in equal moieties upon the said lands in Cumberland to be paid to the said William WESTON out of the // sale thereof which was [?] after accordingly paid. And what was remaining to him unpaid fid rest still charge [?] the said mortgage premises in Surrey. And he the said William WESTON and his assigns or some // authorised under [?] as these defendants doubt not to [?] continue to receive rents issues and profits of the said lands in Surrey according to his interest therein. And these defendants do believe // that hereby he is or might have been well nigh satisfied the remainder for the said mortgages money and interest and therefore ought as these defendants humbly hope to convey the reversion of the said // premises (after the death of the complainant unto this defendant the Duchess HAMILTON and his hers according to the said decree of this Honourable Court. And also that the said Complainant having as these // defendants doubt not to [?] received sufficient of her said late Earl’s estate to pay his debts ought to reimburse to these defendants what was paid and allowed to the said William WESTON [?] // of that moiety of the said mortgage money and interest which was charged upon her said lands in Cumberland and paid by this defendant as aforesaid for which end these defendants did heretofore [?] // the [?] Bill in this Honourable Court against the said Complainant. And also against the said other Complaint THOMAS and HODGE to present the [?] and [?] of her this defendant by [?] [?] // and pretended payment of one thousand two hundred and fifty pounds to the said William WESTON with interest whereas by the profits received as aforesaid he was or ought have been hath it not been // his own fault) very nigh satisfied the same and the [?] Conveyance presented to be made of the inheritance of the promised by the said William WESTON unto the said THOMAS and HODGE which if two such // there [had these?] defendants hope the same will appear to have been done in abuse of this Court and the decree thereof of made for this defendant the Duchess of HAMILTON as aforesaid and ought not to produce // any of them for the redemption of the premises [?] the Complainants be permitted to make sale there upon any the pretences in the Bill set forth or these defendants be [?] to [?] Interest or claimed // thereunto but to have and enjoy the same after the death of the Complainant the Countess of DIRLETON her [?] according to the intention and declaration and obligation of the said late Earl her father and to // have the same reconveyed to her as aforesaid without that that any other matter or thing in the said Bill of Complainant [?] material or effectual for these defendants or either of them to make // An [?] unto and not herein and hereby well and sufficiently answered unto confessed and avoided [?] or denied is true. All which matter and things these defendants and [either?] of them // [?] and shall be ready to appear and prove at this Honourable Court shall award. And humbly pray to be [?] dismissed with their costs and [?] in this behalf wrongfully sustained.