Thomas Clarkson - ONE MORTGAGE TOO MANY

    It was about mid 1822 when Daniel Cooper began to tidy up all the loose ends of Thomas Clarkson's affairs. The date for final payment on the current mortgage was almost due. On 9th and 10th of August respectively an indenture was drawn up from Thomas and Catherine signing over to Daniel Cooper all the lands owned by the Clarksons in the Airds/Minto area.(49) Cooper went to great pains to ensure Catherine's rights to the land were alienated along with Thomas', in equal parts. It was a common practice of Daniel Cooper to effect his negotiations with a clause which removed the right, through marriage, of the wife claiming any part of the estate as hers by "dower". Perhaps Daniel Cooper had misgivings about Catherine contesting the validity of the documents. Cooper appeared to include her to cover all angles and as time was to tell Catherine was to prove a tough adversary for him in later years.
    The Lease and Release of 1822 included all the lands originally granted to--- Pullen, Millington, Wilson, Johnson, Guise, Stubbs, Cureton, Yates, Berry, Cole, Dernsfield, Shakley, both of Clarkson's grants and also the 60 acre property of Thomas Rowley which had been conveyed to Clarkson. (no grant had been officially made to Rowley or Shakely at this stage) and the lot was sold outright for £1,500. This document was destined to play a very important part in later developments. It was the only evidence that existed for the transfer of these farms.
    Robert Cooper was included in the mortgage as the third party. The reasons for this was as explained thus:(50)
To the use of the said Daniel Cooper and his assigns during life and after determination of that estate by forfeiture or otherwise to the use of the said Robert Cooper his heirs and assigns during the life of the said Daniel Cooper in trust for the said Daniel Cooper during life to prevent the present or future wife of the said Daniel Cooper being entitled to her dower out of the said premises…   
    Cooper certainly was aware of the trouble a woman could cause in a property settlement and he was protecting his gains twofold, once against Catherine Clarkson's claims and the other against his own wife.
    Ten days later Daniel effected another mortgage bearing the date of 20 August 1822, for the sum of £1,775 plus interest, with a clause for redemption on payment of the debt, Thomas mortgaged Lamb's Farm, 120 acres of Benjamin Johns', his interest in the stone mill at Surrey Hills, his interest in Whitton's Farm, 50 acres purchased from Daniel Allen, Jas. Farrell's 60 acres, Samuel Fry's 50 acres and Chas. Stevenson's 50 acres. In addition was his own home in Hunter Street, the inclusion of which was to cause a furore later. Thomas promised a payment of £151 sterling within 6 months by drawing up a promissory note for that amount.(51)
    Unfortunately after the expiration of that period of time he was unable to pay it all and Cooper took him to the Governor's Court to recover the excess. (52)
    To this Clarkson replied
I hereby confess this action and do consent that Judgement be entered up for the sum of forty pounds sterling besides costs of suit with a stay of execution for one month.
Dated this 2nd May 1823
Signed Thomas Clarkson
Witness John Elmer

Image Court Document 1822

 Page last updated -  7 July 2006