JOHN MYLROIE to WILLIAM FARGHER

Mortgage - 1865 (Lonan)

Know all men by these presents that John Mylroie of Ballacosney, farmer, does hereby own and acknowledge himself to be and stand justly endebted unto William Fargher of Gretch Voar in the said parish, farmer, in the full and just sum of three hundred and sixty-four pounds and seventeen shillings to the payment whereof unto the said William Fargher, his executors, administrators and assigns with interest thereout at and after the rate of five per cent per annum and all costs and charges the said John Mylroie does hereby bind and oblige himself, his heirs, executors and administrators in and under the penalty and forfeiture hereinafter mentioned and for the further and better security of the said William Fargher, his executors, administrators and assigns in the repayment of the said principal sum and all interest, costs and charges

Know ye that the said John Mylroie by and with the consent and approbation of Ellen his wife testified by her becoming a party to and executing these presents hath given, granted, transferred and passed over in security and by these presents doth give, grant, transfer and pass over in security unto the said William Fargher all and singular those lands in the parish of Lonan being part of the Quarterland of Ballacosney part of which is now in possession of himself and the remainder in the possession of his father and which said description is intended to include and does include those lands part of the same Quarterland purchased of James Hodgson and Capt Richard Rowe by separate Deeds of Sale the whole being bounded on the south by the lands of Joseph Quayle and John Kewley, on the west by the lands of John Clague, on the east and north by the lands of Miss Grice and Miss Dickson and Joseph Mylrea with the dwelling house and buildings on the same to have and to hold the said lands with the buildings thereon bounded and described aforesaid and all ways, waters, watercourses, easements, liberties, rights, members, privileges and appurtenances to the same belonging or in any wise appertaining unto the said William Fargher, his executors, administrators and assigns until the said principal sum and all interest, costs and charges shall be fully paid and satisfied and it is understood and agreed upon that if the said John Mylroie, his heirs, executors, administrators or assigns shall be desirous to pay off and discharge the said principal sum and all interest, costs and charges or that the said William Fargher, his executors, administrators or assigns shall be desirous to call in and receive the same that then and in that case either party shall give to the other, their heirs, executors, administrators or assigns three months previous notice of such his or their intention so to do and it is also understood and agreed upon that if the said John Mylroie, his heirs, executors, administrators or assigns shall and will punctually pay or cause to be paid to the said William Fargher, his executors, administrators or assigns the interest to arise out of the said principal sum as the same becomes due or within three months thereafter that then and in that case the said William Fargher, his executors, administrators or assigns shall return to the said John Mylroie, his heirs, executors, administrators or assigns so much of the interest paid as will reduce the same to four and one half per cent per annum and the said John Mylroie does hereby covenant that with the consent aforesaid he has good right, full power, and lawful authority to charge and encumber the said premises in manner aforesaid and that he will warrant, maintain, uphold and defend the same unto the said William Fargher, his executors, administrators and assigns from and against the claim, challenge and demand of all and every person or persons whomsoever and for the true and faithful performance of these presents the said John Mylroie does hereby bind and oblige himself, his heirs, executors, and administrators in and under the penalty and forfeiture of seven hundred and twenty-nine pounds fourteen shillings to be levied and paid according to law. In witness whereof he has hereunto subscribed his name the ninth day of December in the year of our Lord one thousand eight hundred and sixty-five.

Before signing hereof it is hereby understood and agreed upon that if John Mylroie, his heirs, executors, or administrators shall fail to pay off the said principal sum and all interest, costs and charges after receiving due notice so to do the said William Fargher, his executors, administrators or assigns shall have the power of sueing out execution of the same and of selling the property hereby given in security. John Mylroie his mark X, Ellenor Mylroie

Signed and delivered in presence of Claude Cannell, Matthew M. Bridson

At Douglas the 9 December 1865 Matthew M. Bridson one of the witnesses to the execution of the foregoing Deed who is personally known to me made oath on the Holy Evangelist that John Mylroie and Ellena Mylroie the executing parties thereto duly signed the same in his presence and in presence of the Claude Cannell the other witness. Before me Samuel Harris, High Bailiff of Douglas

Registry Office December 1865 I certify that the foregoing Deed was this day at the hour of four o’clock afternoon received by me at this Office for the purpose of being registered and recorded according to law and that the same is duly registered and recorded Requisition Book .. page 54 No 1997. H.B.Watts, D. Registrar

Registry Office 8 July 1871 See release from William Fargher to trustees of Primitive Methodist Chapel Malew 5 July 1871. Recorded this day and entered in the Requisition book 7, Page …., No. 2747 Samuel Harris, Reg.

Registry Office 8 May 1901 In assignment from John Fargher administrator to William Fargher to Margaret Fargher dated 8 May 1901 ..... this day transferred in May 1901 No. 71. Frank Johnson. D.R.

Whereas John Mylroie of Ballacosney in the parish of Lonan, farmer, and Ellen his wife on the ninth day of December one thousand, eight hundred and sixty-five grant and pass their Deed of Bond and Security unto William Fargher of Gretch Voar in the said parish of Lonan,farmer, for the principal sum of three hundred and sixty-four pounds and seventeen shillings repayable with all interest, costs and charges and secured upon all and singular those lands in the parish of Lonan part of the Quarterland of Ballacosney part of which was then in the possession of the said John Mylroie and the remainder in the possession of his father and which description was intended to include those lands part of the same Quarterland purchased of James Hodgson and Capt. Richard Rowe by separate Deeds of Sale (the whole of which property is more particularly described as to boundaries in the Deed in recital) with the dwelling house and buildings on the same to hold to the said William Fargher, his executors, administrators and assigns until the repayment of the said principal sum with all interest, costs and charges aforesaid and whereas the said William Fargher died on the 25th November 1882 leaving a will dated the 8th day of April 1882 probate for which was on the 25th day of April 1883 granted to Isabella Fargher, his widow, the executrix in his said will named and whereas Isabella Fargher died on the 3rd day of May 1896 intestate without having fully administered the estate and effects of the said William Fargher deceased and whereas at a Court holden on the 15th day of April 1901 administration de bonis non with the said will annexed of the estate and effects of the said William Fargher was granted to John Fargher of Gretch Voar in the said parish of Lonan, farmer, and whereas by Deed of Assignment bearing date the eighth day of May one thousand nine hundred and one the said John Fargher as such administrator as aforesaid did assign and transfer to Margaret Fargher of North Baldrine in the said parish of Lonan, spinster, the residuary personal estate and effects of the said William Fargher deceased and in particular inter alia the said hereinbefore in part recited Deed of Bond and Security of the 9th day of December 1865 and whereas Robert Curphey of “Verona” in the borough of Douglas, gentleman, who is now the owner of the above described property has paid and discharged the full amount due under the said recited Deed and desires this Receipt to Cancel.

Know all men therefore by these presents that the said Margaret Fargher doth hereby own and acknowledge to have received and been paid the full amount of principal, interest, costs and charges now due and owing under the said recited Deed of Bond and Security of the 9th day of December 1865 and in consideration thereof doth request that such Deed of Bond and Security be and stand cancelled upon record. In witness whereof the said Margaret Fargher hath hereunto subscribed her name this third day of April one thousand, nine hundred and eight 1908. Margaret Fargher her X mark

Signed and delivered in presence of Annie Mylechraine, W.M.Kerruish

At Douglas 6th April 1908 William Maltby Kerruish one of the witnesses to the foregoing Deed who is known to me appeared and made oath on the Holy Evangelist that Margaret Fargher the executing party duly executed the same by affixing her cross mark thereto after the same had been read over to her in deponent’s presence and in presence of Annie Mylechraine the other witness. Before me Frank J. Johnson, Reg. of Deeds

[Ref: Dec 1865 #55]

NOTES

  1. COLBY - Ballacosney
  2. John Mylroie was the oldest son of James Mylroie jnr & Ann Kewley
  3. He was baptised 1826, and married Elleanor Fargher in Lonan in 1852
  4. There were 7 children: John James 1853, William Henry 1854, Thomas Arthur 1855, Frederick 1858, Edward George 1861-1861, Richard Fargher 1864-1884 & Elleanor Ann 1865
  5. John's grandfather, James snr, had settled the family's Ballacosney estate onto James jnr in 1828 and James jnr then settled the estate onto John in 1853, a year after his marriage to Ellenor Fargher
  6. In 1853, John took a mortgage for £50 from Robert Kelly, who mght have been his uncle as his father's sister, Eleanor, had married a Robert Kelly. The debt was repaid in 1861
  7. In 1858 John took a mortgage for £300 from William Fargher, and enormous sum for the day and Ballacosney was put up as security
  8. This 1865 mortgage is a refinancing of the 1858 mortgage, which was paid off the same day that this new mortgage was taken for an amount involving £364/17/-
  9. Joseph Mylrea mentioned in the Mortgage document would have been his uncle, Joseph Mylroie, b1805
  10. John managed to extract a piece of land from the obligation to Fargher for the purpose of giving the land to the Primitive Methodist Church so that they could erect a chapel. This event took place in 1871
  11. In 1876 John died just two years after his father, leaving his son twenty-three year old son, John James, as heir at law
  12. John's grandson John Isaac Mylroie (the only son of John James), eventually sold the estate in 1908 perhaps because the debt had grown to an impossible £556/14/6
  13. Thus Ballacosney was gone from the Mylroie family forever

Associated Documents

Last updated: May 2015