Crossle Record
Page 188
Gerrard Irwin and William Humphreys and said John Cochran and Deborah his wife, together with John Irwin late of [____] co. [____] gent., who was likewise concerned in said purchase did exhibit a bill in this Hon Court in Trinity term 1711 against said John Betty and others in order to discover if said mortgage was real or anything on foot thereon that they could redeem same by payment of such monies as upon account stated in this Hon. Court should appear to be due. To which bill John Betty filed his answer in Hilary term 1711, in which he, inter-alia, insisted that long before said year of 1641 Sir Leonard Blennerhassett being seized in fee of said two denomination did mortgage same to John Betty his grandfather to secure payment of £80 debt, who by virtue of said mortgage entered into and became possessed of said lands and died so seized and possessed thereof in or about the year 1641, whereupon said lands descended to Rowland Betty his eldest son and heir who being also seized and possessed thereof said Henry Blennerhassett did in 1663 agree not only to confirm the original mortgage but also in consideration of £2 yearly to be paid out of said premises to him (H. Blennerhassett) and his heirs during the non-payment of said mortgage money did covenant and agree to let Rowland Betty enjoy said lands, and that upon the payment of the mortgage money said Rowland Betty to hold the lands for 21 years after at the yearly rent of £10; and in regard that said yearly rent of £2 had since been constantly paid to Henry Blennerhassett and his heirs, that not only the said principal money of £80 but a considerable arrear of interest was due thereon to John Betty, who did further insist in his said answer that the Plts in said bill should not be admitted to redeem the original mortgage but that they should make a lease of the lands to him according to said agreement [made in 1663] as well as paying what was due for principal and interest on said mortgage. That said cause being heard Plt. further sheweth that Gerrard Irvine and Wm. Humphreys were concerned in two thirds of said purchase and that the remaining third belonged not only to Christopher Irwin but also to said John Irwin brother to said Christopher who had purchased said third in trust for himself (Christopher) and his said brother John Irwin. That John Cochran and Deborah his wife and said purchasers afterwards came to a partition of said manor, whereby said two denominations of Ardvarney and Farrardle fell to the share of said purchasers, who also coming to a division of their moiety of said manor did execute deeds whereby said two denominations fell to the share of Christopher and John Irwin who also made a further division between them and said two denominations fell to the share of John Irwin; but Plt. charges that upon said subdivisions so made between said purchasers it was agreed between each of them that they should pay an equal share of what should remain
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