14 November 1870
Affidavit of James Clendinning
Clendinning & McCann v [versus?] Clendinning
Court of Exchequer
James Clendinning and Hugh McCann Plaintiffs
Rebecca Clendinning And others Defendants
I James Clendinning of Cumberland City in the State of Maryland in the
United States of America Ship Owner and Master Mariner at present staying in
Belfast in the County of Antrim aged Sixty years and upwards Make Oath and
Say. That on or about fifteenth day of December One thousand eight hundred
and forty eight I purchased from my Brother John Clendinning since deceased
my sister Anne Clendinning since also deceased and Rebecca Clendinning all
their estate and interest in the Dwelling house Out house and Garden in the
Summons and plaint in this cause mentioned together with other lands and
premises and obtained a Conveyance thereof from them to which I refer and
upon which I have endowed my name at the time of swearing this Affidavit.
That Fifty pounds was the purchase money to be paid to each of the Grantors
in said last mentioned Conveyance and that I paid Fifty pounds in cash to the
said John Clendinning and Ten pounds in cash to each of them the said Anne
Clendinning and Rebecca Clendinning and I gave my bond to the said Anne
Clendinning and Rebecca Clendinning for payment of the sum of Eighty pounds
being the balance of the purchase money payable to them and on said Bond
there is an Endowment in the words following "The Amount secured by the
within bond belongs to us in equal shares" and at foot of said endorsement
the said Anne Clendinning and Rebecca Clendinning signed their names
That by Indenture dated on or about the Sixteenth day of December One
thousand eight hundred and forty eight I gave a lease of all the lands and
premises conveyed to me by said deed of Conveyance of fifteenth December One
thousand eight hundred and forty eight to the said Anne Clendinning and
Rebecca Clendinning for the term of the life of their Mother Mary Clendinning
at the yearly rate of Twenty three pounds twelve shillings and four pence.
That the said Mary Clendinning the life in said lease died on or about the
fourth day of May One thousand eight hundred and forty nine and I caused an
Ejectment to be brought on or about the twentieth first September One
thousand eight hundred and forty nine against the said John Clendinning Anne
Clendinning and Rebecca Clendinning the parties then in possession gave up
same to me
That in the Spring of the year One thousand eight hundred and fifty I left
Ireland for the purpose of settling in America but shortly previous to my
departure for America I gave possession of all the land and premises so
conveyed to me by said Deed of fifteenth December One thousand eight hundred
and forty eight including the Dwelling house Out house and garden and plaint
in this cause mentioned to the said Anne Clendinning and Rebecca Clendinning
#PAGE 2
on the terms and condition and on the express promise from them that they
would hold and take care of same for me and they would give up same to me
when I asked for same and was prepared to pay the principal money secured
by said bond without interest the annual value of said land and premises
being more than sufficient for payment of the interest on the Eighty pounds
secured by said bond and the head rents
That I at the request of the said Rebecca Clendinning sent a power of
Attorney from America Dated thirty first August One thousand eight hundred
and fifty four to the said Rebecca Clendinning to enable to sell six acres
of land more or less being part of the premises the possession of which I
gave to her and her sister as aforesaid and upon which power of Attorney I
have endorsed my name at the time of swearing this Affidavit and I say that
she agreed to apply the proceeds of such sale towards payment of the
principal due on foot of said Bond.
That by Indenture bearing date the Twenty third day of October One thousand
eight hundred and fifty four the said Rebecca Clendinning as my Attorney
assigned my interest in
said six acres of land to Francis Savage for Thirty eight pounds as by said
Assignment on which I have endorsed my name at the time of swearing this
Affidavit will appear
That the said Anne Clendinning died many years ago
That the said dwelling house out house and garden in said Summons and
plaint mentioned are held under the Marquis of Downshire by virtue of a lease
for three lives and a term of ninety nine years from first November One
thousand eight and thirty six which ever should last longest and the said six
acres of land so sold to said Francis Savage as aforesaid were held under the
Marquis of Downshire by virtue of a lease now expired.
That I remained in America from the time I left Ireland in One thousand
eight hundred and forty nine till this year and I returned to Ireland on the
thirty first August last but was unable to attend to business owing to ill
health for a considerable time after my arrival
That I saw the said Rebecca Clendinning in Dundrum on the fourteenth day of
October last and I asked her to come in to the office of my Solicitor Mr.
Murland in Downpatrick and she would get her money. she said she could not go
for want of clothes I then went with her to a shop and got and paid for
clothes for her and she then agreed to accompany me to Mr. Murlands office
the next morning for the purpose of getting her money and in the course of
conversation she requested me when selling the house, meaning the house in
said summons and plaint mentioned, to give Mrs Pat King the preference
That a few hours after having heard that the said Rebecca Clendinning had
disposed of the clothes I bought in order to get drink I went to her and she
was then drunk and refused to go with me to Downpatrick as she had promised
I say that I was afterwards informed by my Solicitor Mr. Murland that he had
seen the said Rebecca Clendinning on the Seventeenth October last and that
she had agreed to give up possession of the said premises in said Summons and
plaint mentioned to Hugh McCann to whom I had agreed to sell same and had
promised to be in Downpatrick on the following Saturday to settle matters as
#PAGE 3
agreed on and I attended in Downpatrick on said following Saturday but she
did not attend and as I was informed she had not given possession as she
had agreed to do, That I intend to return to America by the City of
Brussells Steam Ship which is advertised to sail on the Seventeenth Instant
from Liverpool. That I have been informed that the said Rebecca Clendinning
has taken defence to said Ejectment and I verily believe she has no grounds
for defending same and that such defence has been taken for the purpose of
delay and owing to my inability to remain in this Country as she was
informed by me___ that I could only remain a short time in Ireland and is
well aware that I must at once return to America where my family are and
where I carry on my business.
JAMES CLENDINNING
Sworn before me at Downpatrick in the County of Down this 14th day of
November 1870 a Commissioner of her Majestys [Majesty's] superior Courts of
Common Law in Ireland for taking Affidavits for said Courts for said County
& I know Deponent (sic) The words "Clendinning" on 1st page & "twelve" on
2nd page and "that" on 5th page being each partly on erasure
James Murland
Atty 18 Middle Gardiner Street
