In my recent foray into my genealogy, I was sent a lot of details about legal documents from ancestors in the 1600s and 1700s. A number were wills, but there was this interesting lawsuit, which gives an insight into the way property transactions may have been done 350 years ago.
"In 3 December 1661, DEGORY BEWES commenced legal proceedings by making a Complaint to the Court of Chancery against EUSTICE ORCHARD and his son STEPHEN ORCHARD of Egloshayle. DEGORY's Complaint recites that JANE PEPPERELL was tenant ofa tenement called Undertowne, and the meadow adjoining, in the parish of St Stephens, for a term of ninety-nine years, dependent upon the lives of NICHOLAS DODGE and PHILIP DODGE. By deed dated 7 October 1657, Mrs PEPPERELL assigned the lease to EUSTICE ORCHARD and his son STEPHEN ORCHARD of Egloshayle, and authorised them to sell the premises for the benefit of the children of WILLIAM PEPPERELL, her deceased husband. On 5 May 1661, they offered the premises to the best profferor, which DEGORY claimed was himself, and his offer of £60 was accepted. He paid twelve pence as a token of his earnest, and agreed to pay £20 shortly thereafter, £20 after six months, and £20 after twelve months. Subsequently, however, they then steadfastly refused to sell the premises to DEGORY BEWES, and indeed sold them to THOMAS HORWELL, the elder of St Stephens by Launceston, for less money. DEGORY asked the Court to rule that he should be permitted to fulfill his Contract and take possession of the property. "
[ Public Record Office, Chancery Lane, London Ref: C9/404 - 103 ]
"In 3 December 1661, DEGORY BEWES commenced legal proceedings by making a Complaint to the Court of Chancery against EUSTICE ORCHARD and his son STEPHEN ORCHARD of Egloshayle. DEGORY's Complaint recites that JANE PEPPERELL was tenant ofa tenement called Undertowne, and the meadow adjoining, in the parish of St Stephens, for a term of ninety-nine years, dependent upon the lives of NICHOLAS DODGE and PHILIP DODGE. By deed dated 7 October 1657, Mrs PEPPERELL assigned the lease to EUSTICE ORCHARD and his son STEPHEN ORCHARD of Egloshayle, and authorised them to sell the premises for the benefit of the children of WILLIAM PEPPERELL, her deceased husband. On 5 May 1661, they offered the premises to the best profferor, which DEGORY claimed was himself, and his offer of £60 was accepted. He paid twelve pence as a token of his earnest, and agreed to pay £20 shortly thereafter, £20 after six months, and £20 after twelve months. Subsequently, however, they then steadfastly refused to sell the premises to DEGORY BEWES, and indeed sold them to THOMAS HORWELL, the elder of St Stephens by Launceston, for less money. DEGORY asked the Court to rule that he should be permitted to fulfill his Contract and take possession of the property. "
[ Public Record Office, Chancery Lane, London Ref: C9/404 - 103 ]