Catalogue description Abstract of the Title of Alfred Hall to part of Wyken Grange Estate near Coventry, in the county of Warws.

I 18th June, 1907. Conveyance whereby, having recited: firstly, that John Robert Wyken Stephens (of "Bonheur", Green Lanes, Palmers Green, Mdx., gent.) was entitled to two shares, and Ernest John Stephens (of "Tregantle", Palmers Green, gent.) and Wilfred John Stephens (of 74, St. Helen's Gardens, North Kensington, London, gent.) to one share each in the hereafter-described hereditaments; secondly, that Arthur Basil Markham (of 48, Portland Place, London, esq., M.P.) intends to buy the premises for £19,000; and thirdly, that A.B. Markham had asked the Stephenses to convey the property to Merry & Cunninghame Ltd. (of 127, St. Vincent St., Glasgow, Scotland): therefore (in consideration of £9,500 paid to J.R.W. Stephens and £4,750 each to E.J. and W.J. Stephens, together making £19,000 and paid by Merry & Cunninghame Ltd. on Markham's behalf) the Stephenses (at Markham's request) sold to Merry & Cunninghame Ltd. a house and 252a. collectively known as Wyken Grange Farm (described in an 8th. Jan., 1875 indenture made between John Stephens and Edward Humphreys as a farmhouse site (3r.2p.), part of "Near Little Field" (1r.23p.), part of "Cowdall" (11a.Or.12p.), "Lower Cowdalls" (7a.3r.2p.), "Cow Leasou" (11a.3r.3p.), "Wyken Green" (12a.Or.24p.), together forming 43a.3r.31p. in Wyken pa. (formerly in Coventry, then in Warws.); and "Far Little Field" (7a.2r.39p.), "Middle Little Field" (15a.Or.11p.), the rest of Near Little Field (3a.2r.27p.), "Little Field" (5a.1r.15p.), "Great Stubble Field" (17a.1r.23p.), "Little Stubble Field" (7a.1r.30p.), the rest of Cowdales (11a.1r.22p.), "Bean Close" (11a.2r.26p.), "Ox Close" (17a.3r.24p.), "Ashed Meadow" (18a.or.25p.), "Partridge Meadow (7a.0r.23p.), "Partridge Field" (8a.0r.8p.), "Jack Pit Close" (7a.2r.25p.), "Roach Pit Close" (8a.0r.29p.), "Ten Acres" (8a.3r.3p.), "Lower Barrow Close" (8a.0r.7p.), "Upper Barrow Green" (6a.1r.34p.), "Marl Pit Field" (17a.1r.3p.), "Pasture Field" (12a.2r.21p.), "Crabtree Field" (9a.0r.37p.) and "Bartons Meadow" (6a.2r.1p.), together totalling 205a.2r.33p. in St. Michael's pa., Coventry (late in the county of Coventry, but then in Warws.)), all let on a yearly tenancy to Henry Ward Stubbs.

II 11th Jan., 1915. Deed of Trust and Agreement whereby, having recited: firstly, that Merry & Cunninghame Ltd. (described as in I) were incorporated on 18th. Feb., 1891; secondly, that the business had £250,000 capital in 12,500 x 7% preference and 12,500 ordinary shares; thirdly, that the company could raise debentures; fourthly, that it might borrow money not exceeding the nominal capital; fifthly, that £45,000 was outstanding upon sums borrowed in 1895 and 1900; sixthly, that by a 17th. Dec., 1914 directors' meeting a resolution was passed to borrow £200,000 by issue of 400 mortgage-debentures (as first-scheduled) upon the company's English property; seventhly, that the company should grant securities to John Mackintosh MacLeod (of Glasgow, chartered accountant) and Frederick Gordon Mackillop (of Glasgow, writer) as trustees for the debenture-holders, as detailed in the second to fourth schedules; and eighthly, that that deed was necessary as a definition of trusts: therefore -

1. In that deed and schedule,

(a) "the company" meant Merry & Cunninghame Ltd.;

(b) "the trustees" meant the trustees appointed under that deed;

(c) "security subjects" meant the company's specified Scots property shown in the second and third schedules, and the specified English property shown in the fourth schedule including Binley Colliery;

(d) "the debentures" meant the 400 x £500 mortgage-debentures;

(e) "the debenture-holder" meant the then-registered holder of a debenture;

(f) "the sinking-fund" meant a fund for the debentures' redemption.

2. Merry & Cunninghame Ltd. appointed J.M. MacLeod and F.G. Mackillop trustees to deal with the debentures.

2. The company promised to deliver to the trustees all deeds which would vest the security of the company in them.

4. The company charged its English property with debenture-payments.

5. (Provisions about paying debentures.)

6. The company might pay the trustees at most £10,000 p.a. as a sinking-fund.

7. (Provisions about redemption of debentures by drawings.)

8. The company was bound to continue the business, keep a debentures-register, remunerate the trustees, maintain secured property and yield possession in accordance with cl.5.

9. (Powers of the trustees under cl.5 defined.)

10. The trustees were empowered to sell the secured property or any other of the company's property.

11. (Protection of the trustees.)

12. (Indemnity to the trustees.)

13. Anyone paying money to the trustees would be exonerated by their receipt.

14. Debenture-holders would have the fifth-scheduled powers.

Schedule 1: form of mortgage-debenture for the company's English property.

Schedule 2: Scots property.

Schedule 3: leases.

Schedule 4: Binley Colliery and subleases.

Schedule 5: debenture-holders' powers and provision about their meetings.

III 16th Aug., 1915. Collateral Security whereby, having recited II, Merry & Cunninghame Ltd. charged the first-scheduled premises to John Mackintosh MacLeod and Frederick Gordon Mackillop but the latters' powers were not enforceable until the debentures became payable.

Schedule 1 (first part): before-abstracted lands with mineral-rights (other parts irrelevant).

Schedule 2 & 3: irrelevant.

IV 11th Apr., 1920. Frederick Gordon Mackillop's death at 121, Hill St., Glasgow.

V 5th. Jan., 1921. Deed of Assumption and General Conveyance whereby John Mackintosh MacLeod (with the consent of Col. Louis Gairdner Pearson (of "The Linn", Johnstone [, Renfrewshire]), Capt. Noel Christian Livingstone-Learmouth (of Handford, Blandford, Dorset), Mrs. Alison Pearson alias Cuninghame (of Craigsend, Renfrewshire) and Sir Ralph William Anstruther, Bt. (of "Balcaskie", Pettenween, Fifeshire) as the trustees of John Charles Cuninghame, esq. of Craigends) assumed William Harry Mitchell (writer; of Johnstone and Glasgow) as a trustee.

VI 8th. Jan., 1921. Declaration in the Register of Deeds at Edinburgh.

VII 18th. Jan., 1926. Deed of Trust and Agreement whereby, having recited: firstly to fourthly, II's first to fourth recitals; secondly, II; thirdly, directors' resolutions that sums to be borrowed should not exceed £300,000 and £450,000 (made on 16th. Mar. and 14th. Dec., 1925 respectively); fourthly, that on 18th. Jan., 1925 the directors had resolved to borrow £100,000 from the issue of 200 second-mortgage debentures as shown by this deed's first schedule (subject to the prior mortgage); fifthly, V; sixthly, that Sir John Mackintosh MacLeod and William Harry Mitchell were empowered to charge the company's English property; seventhly, that the trustees had agreed to hold the securities for the second mortgage, subject to the first mortgage; and eighthly, that the present deed was necessary to define the holding the second-mortgage debenture-issue: therefore -

1. (a)-(c) as II's (a) - (c) but subject to the first-debenture issue;

(d) "the original deed of trust" meant II

(e) "the first debentures" meant V's issue, and "the second debentures" meant the present deed's issue;

(f) "debenture-holder" meant a registered debenture; holder for the time being.

2. Sir John Mackintosh MacLeod and William Harry Mitchell were trustees empowered to discharge costs, remunerate the second-debenture holders (subject to the prior mortgage) and reconvey the premises to the company.

3. The company would deliver any relevant deeds to the trustees.

4. A floating charge upon the company's English property would be subject to the prior mortgage but it would become fixed if the company were to become financially embarrassed.

5 - 13. As II's 6-14.

Schedule 1: form of second-mortgage debenture.

Schedules 2-5: as in II.

VIII 25th. Sept., 1928. Confirmatory Conveyance whereby, having recited: firstly, that the scheduled documents were cited according to their scheduled names; and secondly, that because of the manner of drafting, it was uncertain whether the English hereditaments were vested in the trustees for the 3,000-year term upon which they were held because since then the 1925 (English) Law of Property Act had been passed: therefore Sir John Mackintosh MacLeod, Bt. (of Glasgow, chartered accountant) and William Harry Mitchell (described as in VII) conveyed the premises to themselves as trustees for the residue of the term. Schedule: II, III, V.

IX 26th. Sept., 1928. Legal Second Mortgage whereby (having recited its supplementation to VII) -

1. VII's mortgage was declared legal.

2. In VII, "The Prior Charge" meant III, and "the English lands" meant all such lands vested in trustees under III.

3. Merry & Cuninghame Ltd. charged the English lands with second-mortgage debentures.

4. Sir John Mackintosh MacLeod's and William Harry Mitchell's powers as trustees were exercisable when the second-mortgage debentures became payable.

5. The trustees' powers included all those given by III.