Particulars of sale of Leven House and the Sailcloth Mill: 1877

The history of the Hutton Sailcloth Mill and its forerunner, the Hutton Spinning Mill, can be found in the series of posts beginning here.  The transmission of the site from Thomas Wayne to Mark Barker to John Mease can be found in Stately Homes of Hutton Rudby in the section on Leven House.

John Mease died in 1876 and a Chancery case arose.  As a result, there was an attempt to sell the mill and surrounding properties, as these Particulars of Sale show. 

But it seems that no sale was achieved, and the Wilson family continued to run the mill as tenants of the Mease estate for many years.

The Particulars of Sale give us a snapshot of the situation by the river Leven in the spring of May 1877.

As I can’t reproduce the beautiful variations of font face and size in my transcription, I’ve included here a photograph of my photocopy of the document!

In the High Court of Justice. – Chancery Division
In the Matter of the Estate of JOHN MEASE, deceased.
Between JOHN KIDD, Plaintiff, and ANNIE MARIA KIDD AND OTHERS, Defendants

Particulars and Conditions of Sale 

OF VALUABLE 

FREEHOLD PROPERTY

SITUATE IN THE
TOWNSHIP OF HUTTON, NEAR RUDBY, IN THE COUNTY OF YORK,

CONSISTING OF
A DWELLING-HOUSE, CALLED “LEVEN HOUSE,”
With GARDEN, ORCHARD and PLANTATION.

TWO CLOSES OF LAND,
CALLED
“BENSON’S BANK,” AND “RHODES GARTH,”
WITH STABLE AND COW-HOUSE.

ALSO
A CLOSE OF LAND called “CHURCH HOLME,”
4 SEVERAL DWELLING-HOUSES & COTTAGES
IN HUTTON, AFORESAID,
With a Shop, Yard, Warehouse, Stable, Cowhouse, Carthouse, and Outbuildings.

A BUILDING KNOWN AS “THE CLEVELAND SAIL-CLOTH FACTORY.”
A WATER CORN-MILL,
WITH IRON WATER-WHEEL, THREE PAIRS OF MILL-STONES, HOIST, CORN-SCREEN, FLOUR
DRESSING MACHINE, LARGE GRANARY, CART-HOUSE, STABLE, OUT-BUILDINGS,
DWELLING-HOUSE, AND OFFICE AND YARD.

A CLOSE OF LAND, KNOWN AS “THE MILL BANK.”

A PUBLIC HOUSE, known as the “BAY HORSE INN,”
WITH STABLES AND PREMISES, AND A WORKSHOP OR WAREHOUSE.

Which will be sold by Auction,
(Pursuant to an Order of the High Court of Justice (Chancery Division), made in the above Matter and Action, with the approbation of His Lordship THE VICE-CHANCELLOR SIR RICHARD MALINS, the Judge to whose Court the said Action is attached, by
MR WILLIAM GIBSON,
The person appointed by the said Judge,

AT THE “BLACK SWAN” HOTEL, STOKESLEY,
ON MONDAY, THE 20TH DAY OF MAY, 1878,
At ONE for TWO o’clock in the Afternoon precisely; in ONE LOT.

Printed Particulars and Conditions of Sale may be had gratis, of Messieurs J. C. & T. SOWERBY, of Stokesley, Yorkshire, Solicitors; of Messieurs WILLIAMSON, HILL & Co., of 13 Sherborne Lane, King William Street, London, Solicitors; of Mr WILLIAM GIBSON, at No 65 Corporation Road, Middlesbrough, Yorkshire, Auctioneer; and at the Place of Sale.

Particulars.

A Dwelling House, called “Leven House,”
With Garden, Orchard and Plantation, containing together 1A. 0R. 13P.

TWO CLOSES OF LAND,
CALLED
“Benson’s Bank,” and “Rhodes Garth,”
Containing together 4A. 3R. 3P.,
WITH A STABLE AND COW-HOUSE.

A CLOSE of LAND, called “CHURCH HOLME,”
Containing 2A. 0R. 35P.
The whole of the above is in the occupation of Mr JOHN KIDD.

A DWELLING HOUSE
(ADJOINING COW-HOUSE AND STABLE IN RHODES GARTH),
Situate at Banktop, Hutton, in the occupation of Mr KINGSTON HALLIMAN.

A Building called the “CLEVELAND SAIL CLOTH FACTORY,”
WORKED BY STEAM POWER,   
In the occupation of the Executors of the late GEORGE WILSON.

A WATER CORN-MILL,
With Iron Water-wheel, Three Pairs of Millstones, Hoist, Corn-screen, Flour Dressing Machine,
Large Granary, Cart-house, Stable, Outbuildings, Dwelling-house, and Office and Yard,
In the occupation of WILLIAM KETTON and the Executors of the late GEORGE WILSON.

A DWELLING HOUSE AND SHOP,
With Yard, Warehouse, Stable, Cow-house, Cart-house and Out-buildings; and
TWO COTTAGES,
Situate at HUTTON BANKTOP and North side of MAIN STREET, HUTTON,
In the several occupations of GEORGE HONEYMAN, THOMAS STANLEY and JAMES HONEYMAN.

A Close of Land called “THE MILL BANK,”
Containing 2A. 0R. 38P.,
In the occupation of JOHN WATSON.

A Dwelling or Public House, known as the “BAY HORSE INN,”
WITH STABLES AND PREMISES.
A WORKSHOP OR WAREHOUSE,
AT BANKTOP, AND CORNER OF MAIN STREET, HUTTON,
In the occupation of JOHN WATSON.

Clause IX of the Conditions of Sale:

The title to part of the property will begin with a Deed of Conveyance on sale dated the 27th March, 1835.  The recitals in a contemporaneous deed (by which an attendant term was assigned) shew that at that time the title of the then Vendor (MARK BARKER) was considered imperfect, but upwards of 40 years having since elapsed without any adverse claim, no objection or requisition shall now be made on account of the imperfections referred to, and it shall be assumed that a good title was conferred by the said conveyance.  It appears that a small piece of ground, further part of the property purchased in 1836 for £12 was charged (together with other property) by the Will of a previous owner, with some legacies, the payment or release of which cannot be clearly proved.  No objection or requisition shall be made on this account.  The title to another part of the property will begin with a mortgage in fee, with power of sale dated the 13th May, 1830, and the seisin of the Mortgagor shall be assumed.  The title to another part will begin with a conveyance on sale dated the 3rd December, 1856.  The title to another part will begin with a Conveyance on Sale dated the 13th February, 1845.  The title to another part will begin with a Conveyance on Sale dated 27th December, 1847, and no objections or requisitions shall be founded on any recitals or mention of prior deeds or other matters which may be inserted in the abstract for the elucidation of the title or otherwise for the information of the Purchaser.