Crossle Record
Page 26
At the time said mortgage was executed to him by Plt. that he promised to give Plt. a bond of £100 that he would rea?? said lands upon redemption of the mortgaged arrears. Do you know one John Betty, Deft's son, and did not he tender to Deft. John Betty at any time or place since said mortgage was executed the sum of £10 for possession(?) of said lands from Deft. John Betty in the Plt's or his (John Betty, junior) own name. Did Deft. John Betty refuse to accept said tender or refuse to give back the lands to Plt. or to any one in trust for Plt? Hath Deft John Betty or the other Defts Rowland Betty and James Johnston any title or interest to the land except what they derive from Plt? Do you know that Defts Let said lands to others, at what period and rent since said mortgage? Do you know that Plt. made such a conveyance to Deft. John Betty re-assignable upon payment of said £10, and that Deft John Betty at such perfection acknowledged the intention of the parties to that deed was to be void on repayment of said arrear that Plt. owed to Henry Blenerhassett or his widow? Did Deft John Betty promise a sum of money since the perfection of said mortgage for his interest and right to the premises? Did Deft John Betty convey said lands to Deft James Johnston in order to deprive Plt thereof, and what was the consideration of said conveyance fro Deft J. Betty to Deft J. Johnston. Did Plt. Sam. Johnston, his son John, & Jane his wife perfect s pretended deed of conveyance of the lands to Deft. John Betty.
Entered 23 Dec. 1710
Depositions on behalf of Plt: taken 5 Feb 1710 [-11] at the house of Gayl Blackly at Lowtherstown, Co. Fermanagh, by virtue of Commission out of the Court of Exchequer dated 28 Nov. 1710, directed to Henry Chittog and James Hamilton, gent., Com'rs for Plt. and Christopher Irvin, Esq., Guy Carlton, Esq., John Irvin, gent., and Robert Abercrumby, gents., Com'rs for Defts.
John Betty of Strangegower, Co. Tyrone, aged 54. Knows the Plt. and Defts, there 20 years because he has lived in their neighborhood. Knows the lands of Tullycallrigg these 20 years. That a deed of mortgage was executed by Plt. to Deft. John Betty upon said lands for £10 arrear of rent due by Plt; and that Deft. John Betty promised to give a bond of £100 that he would re-assign the lands to Plt. on payment of said £10. Dep't knows this because he was a witness to the deed. That James Cooke and Patrick M'Anaran were to become tenants on sd land under Deft John Betty, but John Betty would not set same under £8 per annum. That Plt. Samuel Johnston made a conveyance as aforesaid to John Betty of said land with provisoe(?) of redemption of £10; and John Betty promised to re-assign same when the redemption was paid; knows this because this Dept. was a witness to the deed. That Deft. John Betty conveyed said land to Deft. James Johnston in consideration of a debt owed by Betty to James Johnston. That Plt. Samuel Johnston and his son John signed a conveyance of said lands to Deft. John Betty, but Joan wife to Samuel Johnston refused to sign the deed until she had “the difeisonce of ye Deft promised.” [Signed] John Betty.
Mary Johnston of Tullycallrigg, Co. Fermanagh, aged 40. Knows all the parties as long as she can remember. Knows the lands of Tullycallrigg these 30 years, that Plt. Samuel Johnston was seized in fee farm thereof from Henry Blenerhassett, Esq. at £5-12/-yearly rent; knows this because she lived in the neighborhood. That Deft. John Betty promised to give a bond of £100 that he would re-assign the premises to Plt. on redemption of the mortgage money of £10. That Deft. Rowland Betty had set said land for £9 per annum. Knows that Plt. Samuel Johnston and his son John did sign a pretended deed, but Samuel's wife, Jean, refused to sign it [ Signed:] Mary Johnston.
John Irvin of Ederny, Co. Fermanagh, aged 47. Knows Plt. and Defts. these 30 years because they are his neighbors and relations. Knows the lands of Tullycallrigg 30 years and that Plt. was possessed of same in fee farm from Henry Blenerhassett at £5-12/- rent; and that Deft. John Betty was
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