To the Rt. Hon. Sir Frederick North, knt. of the Garter. Lord North, Chancellor and Under Treasurer of the Court of the Exchequer, the Rt. Hon. Sir Sidney Stafford Smythe, knt., Lord Chief Baron of the same Court and the other Barons, Montgomeryshire - the orators and oratrixes. Joyce Stephens of Birth Du, Montgomery. widow Maurice Stephens of the same place, Esq., James Cresse of Gellidavill in the parish of Llanbrynmair, Montgomery. gent and Ann his wife (Ann is the only daughter and heiress of Andrew Owen late of Gellidavill, decd) by Ann his wife, one of the 3 sisters and coheirs at law of John Price late of Gwested, Montgom. gent decd) Elizabeth Baxter of Bryn in the parish of Llanllarhacan, Montgom. only surviving child of Rd. & Elizabeth Baxter late Bryn who was sister of Ann the wife of Andrew Owen, another of the 3 sisters and coheirs of John Pryce, Martha Pryce of Newton, Montgom. who is the only surviving child of Jane the wife of John Pryce late of Penygelli, which Jane was also another of the sisters and coheirs of John Pryce, debtors and accountants to his Majesty as by the Records of this Court appear. That John Price deceased being in about 1745 or 1746 seised in fee simple or entitled to certain messuages, tenements farms and lands called Caer Cappan alias Ty yn y Kefn Cylynog in the Parishes of Tregynon & Bettur, Montgom. and of the messuage and land called Pantmawr in the parish of Bettur, and having occasion to borrow money applied from Wm Powell and Richard Powell, both late of Poole, Montgom. Esqs. decd. to advance £350 on the security of the premises who advanced the same to John Price, and for security the repayment to Wm and Rd with interest John executed one or more mortgages in fee of all the messuages and lands aforesaid, and Wm and Rd in 17 as mortgagees caused the tenants in possession of the estates to be served with declaration in ejectment and by virtue of such ejectments got into possession of all the premises about 17 and continued in possession thereof and in the receipt of the rents and profits of same until their deaths, Wm dying 12 Oct. 1762 and Rd 17 Nov 1758; and the yearly Value of the estates being £40 and upwards if properly managed and let at a fair rent, and according to the real value and as lands are now raised and set in the neighbourhood of Treynon and Bettur and the same having for several years past been let at large yearly rents the mortgage money has been by perception of the rents and profits and by the sale of timber of the estates almost if not wholly paid; and Wm and Rd died without being paid off the principal and interest (if any) due to them although they received the rents of the mortgaged premises until their deaths; Rd Powell by his will devised all his real estate to Robert Powell the only son of Wm Powell and appointed him the executor of his will; and Robt was also the heir at law to Richard, who proved the same in the proper ecclesiastical court and William by his will appointed Robert Powell late of Lloran, Denbigh, Esq., his only son and heir at law his executor who proved the same in the ecclesiastical court, and who as being as well the real and personal representative of Richard Powell as of Wm Powell dec'd became entitled to the possession of the mortgaged premises and likewise to the mortgage money if any was really due; Robert continued in the possession and in receipt of the rents of the premises until his death 10 August 1765, and by his will appointed his son and heir Robert Powell late of Lloran Esq., decd, his executor who proved the will and became entitled to the mortgaged premises and mortgage money if any. Robert, the grandson, entered on the possession of the premises as mortgages only, and received the rents until his death 4 July, 1766, dying intestate leaving Martha the wife of Jenkin Parry of Main, Esq. and Sarah the wife of Robert Lloyd of Oswestry, Esq. his sisters and coheirs at law and Jane Powell his mother which Martha the wife of Jenkin Parry and Sarah the wife of Robert Lloyd and Jane Powell the mother were his only next of [...] ; administration of the goods and chattels of Rd Powell and Wm Powell unadministered by the said Robert Powell the son unadministered by the grandson Robert, have since the death of Robert the grandson been taken out and granted by the ecclesiastical court to Sarah Lloyd and since the death of Robert the grandson administration of the good and chattels has been granted by the ecclesiastical court to Jane Powell, Martha Parry and Sarah Lloyd; and they thereby became the personal representatives of Robert Powell, the son of Wm, Rd and Wm and Robert the grandson and they are the only sisters and coheirs of Robt Powell the grandson and became therefore the coheirs of Robert Powell the grandson, and became therefore the heirs of the said Powells. Jane Powell the mother died in 1772 by her will appointing Martha Parry and Sarah Lloyd joint executors of [...] will who proved it in the ecclesiastical court, and Martha and Sarah become her personal representatives and of the other Powells and heirs and entitled to the legal estate and interest of the mortgaged premises; but as the orators submit, are only entitled so in equity as trustees of such legal estate for Sarah Lloyd and such other persons as are personal representatives of the said parties; since the death of Robert the grandson Jenkin Parry and Martha his wife and Robert and Sarah Lloyd and Jane Powell the mother have been and now are in the possession of the mortgaged premises and in receipt of the rents claiming the same as mortgagees and to be entitled to some principal money and interest served thereon but what sum in particular is so due or how they make out the same Jenkin and Martha and the Lloyds absolutely refuse to discover; Sarah Lloyd has no issue by Robert Lloyd; John Price the mortgagor died intestate and without issue leaving 3 sisters, Elizabeth the wife of Richard Baxter, of Bryn Llanllischairn, Montgom. Jane, the wife of John Price of Pennygelly, Kerry and Ann the wife of Andrew Owen late of Gellidowill, Kerry, his coheirs at law, which sisters on the death of John Pryce on 16 June, 1725 intestate became entitled to the equity of redemption of all the mortgaged premises; Richard Baxter died in June 1754 leaving Elizabeth his widow who died in September, 1762 leaving Elizabeth his widow complainant, her only child and heir at law, John Price died in the lifetime of the said John Price the mortgagor leaving Jane Price his widow who died 14 November, 1768 leaving the complainant Martha her only surviving child and heir at law; Andrew Owen died May 1755 and Ann Owen died in August 1774 both intestate leaving issue one only daughter the oratorix Ann Crosse who as the heir at law of Ann Owen who was one of the coheirs of John Price, mortgagor, or the orator James Crosse in right of the oratorix, became entitled to an undivided third of the mortgaged premises and the equity of redemption, and Elizabeth Baxter, Martha Price as heirs at law of Elizabeth Baxter, Jane Price and Ann Owen became entitled to the two other undivided thirds i.e. Elizabeth and Martha entitled to two third parts and Ann Crosse to the other third; By lease and release of 17 and 18 August 1755 between James Crosse and Ann his wife (Ann therein described to be the only daughter and heir of Andrew Owen by Ann his wife a lunatic, one of the sisters of John Price) (1) and John Stephens of Birth Du, Montgom. gent (2) in consideration of £100 the Crosses released amongst other premises the messuages called Caercappan alias Ty-ynykefn Clynog and Pantmawr in Trygynon and Bettur, and all other messuages and lands in Llanllwchaiarn, Bettur, Tregynon and Kerry or elsewhere in Montgom. that was the estate of John Price late of Gwested, decd. and all their estate, right and title to hold to Stephens and his heirs forever; the release was made in the life time of Ann Owen and while she was a lunatic and while Ann Crosse was only the presumptive heir of Andrew and Ann Owen, therefore after the death of Andrew and Ann and when the title of James and Ann accrued and became vested in possession it was thought prudent that they should levy a fine and so confirm the purchase made by John Stephens, and by indentures of lease and release of 23 and 24 January 1775 the release between James and Ann Crosse (1) Joyce Stephens of Poole, widow executrix and divise of John Stephens then dicd. (2) and Maurice Stephens son and heir of John Stephens (3) reciting lease and release of 17 and 18 August 1755 and that John Stephens was since dead, leaving a will of 1 May, 1759 giving the said premises in the release to Joyce and her heirs forever with a desire that she would devise the same to Maruice Stephens and his heirs forever; the Crosses in consideration of £100 paid them by John Stephens and of 5/- a piece from Maurice covenanted at the next great Sessions held for Co. Mont. to acknowledge and levy to Maurice a fine of one third of the premises in the mortgage and a third of all the other premises in Llanllwchairn Bettur, Trynon and Kerry that was the estate of John Price which fine was declared to be for the use of Joyce for life and on her death to Maurice and his heirs forever; which fine was levied whereby Joyce and Maurice as standing in the place of the Crosses are become entitled to a third of the mortgaged premises and equity of redemption and Eliz: Baxter & [...] Martha Price are become entitled to the other 2 thirds and equity of redemption; and the orators have frequently applied to Jenkin Parry and Martha his wife, Robert and Sarah Lloyd to account with them for the rents and profits of the mortgaged premises received by the Powells, Parrys and Lloyds, the orators offering to pay whatever if any, remained due on the mortgage, which they have refused to do, which in justice and equity they ought to have done; now the Parrys and Lloyds combining and with divers persons at present unknown, whose names when discovered they pray may be inserted in this bill of complaint as defts, continuing to injure and oppress the complts, in the premises they pretend and insist that there is some considerable sum due to them but refuse to discover what sum is due, or anything about it, whereas the complts charge that the confederates have been fully or very nearly paid their whole demands by the rents and profits of the mortgaged premises or by different payments of money made to them, and they charge that it appears by some deed, note, memorandum or other writing found in the possession of Richard Powell, or the other Powells which came to the hands of the defts, if they have not cancelled, lost, or burnt it, but which they refuse to discover, and the orators charge that the premises are of a large value and if the same were now sold at the full value thereof as freehold estates now sell in the country where the same are they would produce and sell for £1,500 at least and which very much exceeds the value of all the sums due to the defts for the principal and interest remaining due to them; they charge that a very small sum not exceeding £200 remains now due; they charge that the mortgaged premises are very much underlet and at the old rents only and not the advanced yearly rent or value as lands in that neighbourhood are let at, and at other times the confederates pretend they have several other demands due to them from the orators claiming as aforesaid which affect the premises yet the defts refuse to discover the same or how secured; and at other times the defts insist that they are absolutely by reason of the length of their possession entitled to hold the premises whereas the orators say the truth is that Wm Powell, Rd Powell the son of Wm and Robert his grandson were never uninterruptedly in the quiet possession of the premises as absolute owners of the inheritance but always considered themselves in possession only as mortgagees and entitled only to hold the possession until they were paid the principal and interest due to them and the same were redeemed by the orators; and the orators charge that the parties frequently subsequent to 1758 declared to several persons that they were only in possession of the premises as mortgagees and had not any other right or title to hold the same and conscious thereof and of their being liable to be redeemed and of being accountable for the rents and profits of the premises and of the several sums of money received by them on account of the interest and otherwise of the principal sums 'so' due to them or their agents kept an account from time to time of the rents and profits and declared that they were willing to give up the possession thereof on being paid their mortgage debt and never pretended to have any other right to the premises and the orators charge that the defts have constantly since they have been in possession kept a regular account of the rents and profits received by them and the orators charge that James Crosse having sold the undivided third part of the mortgage premises and being desirous of knowing his title and what sums of money were due thereon on mortgage and of knowing how the same had been managed and the rents received and of knowing the circumstances relating there to and of redeeming the estate subsequent to 1758 applied to Robert Lloyd and Sarah his wife and Jenkin Parry and Martha his wife then in possession of the premises for an account of the rents and what sums had been paid on account thereof and what sum remained due, and the defts made out an account debtor and creditor as mortgagees of the premises only or the account was so drawn out by their order and delivered by Lloyd; and the orators charge that it appears by some book or paper now or late in the custody of the defts for their use and which they have seen and which account the defts have in their custody and the orators pray that the defts may examine the accounts before they put in their answer with the original account and books or writings and which of them are not now in their custody and what person and whether the defts have ever seen them and whether such account was not taken out from any other and what account, etc. and whether it is a true account; and the orators say that such drawing out and delivering of such an account is a manifest evidence and clear proof that in 1758 the defts considered themselves only as mortgagees of the premises and liable to account for not only the rents but accounted for the same to the orators; and the orators charge that Robt. Powell, snr. acknowledged to Robt. Lloyd that he considered himself only as mortgagee of the premises and willing to accept his principal and interest and to account for the rents and gave some orders to Lloyd to draw such accounts and Powell had some conversation with Lloyd to such effect and the orators charge that upon the several circumstances of this case that the length of the defts possession of the premises is not to be set up as a bar to the orators' right of redemption of the premises but the orators notwithstanding such length of possession ought to be permitted to redeem the estate on paying to the defts what justly appears due for principal and interest on the security of the estate; and the orators charge that the confederates in order to put them to difficulties pretend that there is now a large sum of money due to them on the securities under sundry deeds but refuse to discover the dates, parties, names, recitals and material contents of the deeds whereas the orators say there is but little if any thing now due to the confederates after accounting for the rents of the premises received by the parties; and the orators charge that the defts and the parties under whom they claim have during the time they were in possession of the premises out down several very large and considerable quantities of timber and wood standing and growing on the premises and which they sold for several large sums and applied the same to their use without accounting for it or the interest thereof, all which actings, refusals and pretences of the confederates are contrary to equity and tend to the wrong as the orators in consideration of which and for as much as the orators cannot be fully relieved in the premises but in a Court of Equity to the end that Jenkin Parry and Martha his wife, Robt. Lloyd and Sarah his wife and the other confederates when discovered may on their corporal oaths full true, direct and perfect answer make to all the matters aforesaid as fully, amply and effectually as if the same were here repeated again and they particularly interrogated according to the best of their knowledge and remembrance, and more especially that the defts may answer and set forth whether John Pryce of Gwested, decd. was not in his lifetime seised of the real estates before mentioned as above and whether the estates are not of the yearly value as above, and whether John Pryce did not and when borrow from Wm Powell and Rd Powell any and what sums and whether....., etc. The orators ask that the defts might answer and set forth how much is really due to them on the security of the estates and how they derive the same and an account be taken of the principal moneys secured on the premises and of the rents and profits received by the Powells and that the orators be permitted to redeem on payment of what is due, and that the defts be decreed to deliver up the mortgaged premises, and concur in all deeds and matters necessary for the reconveying and reassuring the premises to the orators, free from incumbrances, delivering to the orators, all deeds and writings relating to the mortgaged premises; and they ask that a writ of subpoena be issued to the Parrys and Lloyds to appear before the court to answer re premises and to stand to abide by such order as to their Honours deem meet.
Copy of the signature of John Lloyd.
"let process Issue R. Perryn".
4 folded sheets of paper.