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A40860 The famous tryal in B.R. between Thomas Neale, Esq. and the late Lady Theadosia Ivy the 4th of June, 1684, before the Right Honourable the late Lord Jeffreys, lord chief justice of England, for part of Shadwell in the county of Middlesex ... together with a pamphlet heretofore writ ... by Sir Thomas Ivy ... Mossam, Elam.; Ivy, Theadosia Stepkins, Lady, d. 1694 or 5?; Neale, Thomas, d. 1699?; Ivie, Thomas. Alimony arraigned, or, The remonstrance and humble appeal of Thomas Ivie, Esq.; England and Wales. Court of King's Bench. 1696 (1696) Wing F386; ESTC R35557 155,074 101

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Deed whereby Jasper Hill Son of Richard Hill sells all his Lands about Ninty two Acres in the Marsh and County of Middlesex to Machelin and John Stepkins and their Heirs and is the Deed whereby Lady Ivy in Easter-Term 1686. Claimed these Lands without producing the foregoing Deed of the 23 d Mar. 5 Edw. 6. but in Easter and Trinity Term 1687. Lady Ivy to make Title to these Lands produced that of the 5 th Edw. 6 th without bringing out this at all And that Jasper Hill by Fine and Recovery 3 Eliz. and by Deed 12 th May 4 Eliz. conveyed Twenty Acres of Land and a Hundred Acres of Marsh in White-Chappel Stepney and Wapping to Macheline and John Stepkins and their Heirs Richard Hill having the 3 Dec. 32 Henry the 8 th entred into a Statute to one Vivald and Salvago all the Lands which he was possest of after that time being One hundred and thirteen Acres were extended and among them the Lands in question and that that Extent was purchased in by Stepkins A Presentment of Sewer's finding Twelve Acres in possession of Walthall and Woodcock as the Freehold of Stepkins and part of the Lands in question John Stepkins as Surety for William Patent Covenanted to pay to the Queen 7928 l. 7 s. 11 d. ½ and to secure it levied a Fine and conveyed an Estate to Trustees for the Queen in which Conveyance inter alia is mentioned Four Acres of Meadow with a Pond and Island in the possession of Alice Woodcock which Lady Ivy's Counsel do say is the Ground now called Pruson's Island And the said John Stepkins at that time did give Bond to perform Covenants which Bond being forfeited in the 19 Eliz. the rest of his Estate was extended and not released till 7 Jacobi 1609. and then restored to the Stepkinses again And Lady Ivy in her printed Paper affirms that most of the Lands in the Extent 4 Eliz. are mentioned in this and particularly all the Lands in dispute and thence would infer that these were Stepkins's Lands at that time and if so ought to be hers now The Answer to it THE Act of Parliament was undoubtedly so ● and only shews there was a Hundred and thirty Acres to be Drained and that Richard Hill having purchased Vanderdelfe's interest was to have one Moiety of it This Lease if really true only shews that Richard Hill had Land there which it may be he had and probably he or his Son Iasper might after sell it to Iohn Starkey under whom it is claimed now before they sold any to Stepkins at all This if true purports a most absolute sale of all the Lands Richard Hill had in the County of Middlesex and yet the said Richard Hill the 20● Oct. 6 Edw. 6. by his last Will and Testament settles the Lands he bought of Vanderdelfe of which by the Deed this appears to be part on his Son Iasper Hill with several Remainders over in Tail which 't is not likely he would have done had he sold it away before and as a very good Argument that it was so Entailed by Richard Hill's Will there appears on Record a Fine and Recovery suffered by Iasper Hill Richard Hill's Son to Machelin and Iohn Stepkins of Twenty Acres of Land and a Hundred Acres of fresh Marsh in White-Chappel Stepney and Wapping the 3d of Eliz. which had been needless had it not been so Entailed and is an Argument that Stepkins bought nothing of Hill till that time And yet in Trinity-Term 1684. in a Cause 'twixt the Dean of Saint Paul's London and Lady Ivy about Shadwell Lands a Deed was then given in Evidence Dated 16 Apr. 6 Edw. 6. whereby Richard Hill sold Twenty four Acres and all the Lands he had in Stepney and Middlesex to Thomas Stepkins But this Deed having had the misfortune to be markt as found and Sworn to be so with a long Lease of a Hundred twenty eight years and other Deeds among the Writings of the Churches Lessee it was not believed then and one of the Witnesses that swore to the so finding those Deeds was Perjur'd upon 't and stood in the Pillory for it and some of the said Deeds were then left in Court by Rule of which Dated Iune 1687. upon an Information against Lady Ivy for it a Trial is ordered next Term. Note Lady Ivy's Wapping-Estate came intirely into her power to sell and dispose of it in 1655. and when her Ladiship in 1656. sold Land in Wapping to Mr. Arlibear and in 1658. to Brian Harrison Trustee for Mr. Wood Copies of this Deed were given them by which it appears if they were rightly taken that Livery and Seisin was Endorsed on the back of that Deed the 20th of Nov. in the 5th and 6th year of Philip and Mary and 't is notoriously known that Queen Mary died the Seventeenth of that Month and that Queen Elizabeth was proclaimed the same day This is not denied to be true and is a great Argument against the Truth of the foregoing Deeds it being not credible that this Fine was levied in pursuance of either of those Deeds it being done so long after and there being also a Deed by Lady Ivy's own shewing dated the 12th of May following 4 Eliz. to convey the Lands in that Fine comprized but that Deed not naming the Lands in question was neither produced in Easter-Term 1686. nor in Easter nor Trinity-Term 1687. but was in a Trial in Trinity-Term 1684. but 't was in another cause and the contents of it took at that time This Extent was undoubtedly made but affects not at all the Creditors nor Iolliff's Title for the Ten Acres of Freehold Land that was Nelthorp's in right of his Wife sole Heir of Iohn Starkey in the 10 Eliz. and Pruson's Island might have been we do not say 't was Richard Hill's since the 32 Hen. 8. and yet no part of what was sold to Stepkins the 3 Eliz. and for the Twelve Acres of Copyhold 't is plain it was Richard Hill's and by his Son Iasper sold to Iohn Stepkins under whom the Creditors by uninterrupted Surrenders all along down on Record do make out their Title to it It seems to be very much and in many places razed and not legible and is not produced by the hands of the proper Officer That Iohn Stepkins as Surety for Patent being in Debt to the Queen made over his Estate to Trustees for her use and that 't was after Extended and not released till 7 Iac. is true But Note in the Conveyance to the Trustees for the use of the Queen there is but a very few Acres mentioned as lying in Wapping-Marsh and in the Extent and Lease to Alice Stepkins by the Queen 19 Eliz. Fifty Acres in Wapping-Marsh only are mentioned which seems to make out that Stepkins had no more there at that time and among those none of the Lands now in question are any way named or described For as for the