| Title | Deed of covenant between Bernard E. Howard, 12th Duke of Norfolk, Charles H. Howard, Earl of Surrey [later 13th Duke of Norfolk] and Henry G. Fitzalan-Howard, Lord Fitzalan [later 14th Duke of Norfolk] with Henry P.F. Pelham-Clinton, 4th Duke of Newcastle under Lyne for indemnity against defects in a fine and recovery; 5 Jun. 1839 |
| Content Description | First Party: Bernard Edward [Howard, 12th] Duke of Norfolk.
Second Party: Henry Charles [Howard] Earl of Surrey [later 13th Duke of Norfolk].
Third Party: Henry Granville Howard, commonly called Lord Fitzalan [later 14th Duke of Norfolk].
Fourth Party: Henry Pelham Fiennes Pelham Clinton [4th] Duke of Newcastle [under Lyne].
Deed of covenant from (1), (2) and (3) to (4) to indemnify (4) against all costs, losses and damages which he may have to pay in respect of the premises [Worksop Manor Estate, Nottinghamshire] conveyed by fine or recovery.
Recitals: (a) fact that on 3 Apr. 1838 (1), (2) and (3) contracted with (4) for the sale of property comprised in the recited indenture at (b); (b) details of an indenture of lease and release bearing even date [wanting]; (c) details of the property conveyed by the lease and release at (b) including the schedule numbers and that the land was previously part of the estates of the Dukes of Portland or alloted under the Worksop enclosure act; (d) details of the property at Whitwell, Derbyshire conveyed by the lease and release at (b) including the schedule numbers; (e) fact that the property comprised in a lease and release dated 1 Jul. 1789 was not specifically stated; (f) an indenture dated 9-10 Dec. 1776 has not been produced and it is not clear as to whether a Recovery was suffered or not; (g) fact that an indenture dated 10-11 Jun. 1794 has not been produced and it is not clear as to whether the property included in the fine was sufficient to be conveyed; (h) (4)'s counsel is concerned that any provisions contained within the act for remedying errors and so in fines and recoveries would apply to those fines and recoveries mentioned, and all parties have agreed to enter into a covenant to indemnify themselves. |