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Before the Inclosure Act of 1812 the land around which the development of Upper Somercotes took place was common land. The Inclosure Commissioners parcelled the land to a strict formula, ensuring, as laid out in the Act of Parliament, that the Lord of Alfreton, William Palmer Morewood was given the largest area. As was common practice [even today] the underground mineral rights were not included in the Inclosure Act. The early ownership of the land is obscure, as it was originally parcelled into much larger areas prior to it being sold for development many years later. In fact despite of the land here in question being adjacent to the Nottingham-Alfreton turnpike it was not developed until much later in the 19th century.

The parcel of land that was bordered by the turnpike and the High Street originally had an area of 5 acres, 1 rood and 19 perch, and included what is now Victoria Street but which at the time did not exist. This land was only a small part of the vast enclosure programme that took place within the parish of Alfreton. The land was given to William Palmer Morewood, his heirs and descendants.

Although the land was seemingly passed through the heirs of William Palmer Morewood an “Abstract of Title” dated 1877 refers to several members of the Morewood extended family, who acted as executors and trustees to the estate and also relates to previous covenants and Indentures. William Palmer Morewood died on 23 February 1863 and the “Account of Succession” of his eldest son, Charles William Palmer Morewood was completed on 18 December 1866, as witnessed on the “Abstract of Title”.

The “Abstract of Title” implies that the land was given by Charles Rowland Palmer Morewood to his eldest son, who was somewhat confusingly given exactly the same names as his father, in the form of a trust prior to his death on 21 February 1873 and on the event of his son’s marriage to Patience Mary Hervey, which took place at Wells Cathedral in Somerset on 17 July 1873. On 12 July 1875 an “Account of Succession” was granted to Charles Rowland Palmer Morewood [the younger].

There are two schedules written within the “Abstract of Title” of 1877, the second of which gives an indication as to the complicated nature of the document.” It is divided into two distinct parts, the first being dated 3 July 1842: “Indenture between William Palmer Morewood Esq of the first part, CRP Morewood Esq [eldest son of the said William Palmer Morewood] of the second part, the Right Honourable George Anson Lord Byron and the Honourable Georgiana Byron [second daughter of  the said Lord Byron of the third part], the Honourable George Anson Byron and Thomas Sitwell the Younger Esq of the fourth part, William Frederick Palmer Morewood Esq and the Reverend Charles Palmer Clerk, of the fifth part, Gilbert Crompton Esq. and John Charge Esq of the sixth part, The Reverend Henry Reginald Chandos Pole, clerk and Edmund Gelling Maynard Esq of the seventh part.” The second part of the Second Schedule is more concise, detailing the dates of the “Account of Succession”.

By this time parts of Upper Somercotes were or had already been developed. The Church of St. Thomas [previously a Methodist Chapel] had been on its present site since before 1854, and the National Boys School had been opened in 1874. Terraced housing was also being erected and the land owned by Palmer Morewood would have been in a prime location for development.

On 26 March 1877 the Palmer Morewood trustees at the time, the “Reverend John Richard Essington of Ladbroke Rectory in the County of Warwick, Clerk and the Reverend Henry Sydenham August Hervey of Bridgwater in the County of Somerset, clerk”, took the decision to sell the land in full agreement with Palmer Morewood. The “Abstract of Title” states that they “in exercise of the power and trust for sale given to and reposed in them…” in effect gave them the necessary authority. In consequence, Joseph Spencer Robinson of Alfreton, pharmaceutical chemist and Abbott Thurman of Ilkeston, solicitor, paid the trustees £1500 for the whole of the land of just over 5 acres. The First Schedule written in the Abstract of Title” for 1877 described the land as follows: “All that close, piece or parcel of land or ground situate at Somercotes in the parish of Alfreton aforesaid containing by admeasurement 5 acres, 1 rood, 19 perch or thereabouts and then divided into two closes or pieces of land formerly in the occupation of John Wagstaffe and then or late of Joseph Carlin and bounded on or towards the north by the highway leading from Somercotes to Swanwick on or toward the south by land belonging to the ecclesiastic commission of England on or towards the east by the turnpike road leading from Alfreton to Nottingham and on or towards the west by land and hereditaries of Walter Daykin”.

Robinson and Thurman almost certainly purchased the land as a short term investment. It was parcelled into 44 lots suitable for development and duly consigned to auction, described as “Building Land” which also included a newly proposed road [later to be named “Victoria Street”]. The auction was held on Tuesday, 15 May 1877 at the Royal Tiger Inn, Somercotes.

The frontage to Nottingham Road consisted of 9 lots. Lots 1 to 3 were located from the trackway leading to the National Boys School to the proposed new street [Victoria Street]. These had a frontage of 39ft, 39ft and 42ft respectively, although after the auction they were obviously sub-divided into the properties seen today. Lot 4 had a frontage of 42ft on which the Premier Electric Theatre would be built. Lot 5 also had a frontage of 42ft, as did all the remaining lots adjacent to Nottingham Road. This plot was where the shop and house belonging to the Fox family would be erected and known eventually as 84, Nottingham Road. Lot 6 became no. 86 and 88 Nottingham Road, Lot 7 was built as a house and shop premises while Lot 8 eventually became J H Taylor’s bakery. Lot 9 was sub-divided and the houses [opposite Mill Street] were erected on the plot.

The individual history and ownership of each plot of land is not known, although Lot 5 [no.84 Nottingham Road] is well documented. This was sold at the auction to Charles Tansey. The conveyance is dated 13 July 1877 and reads in part: “…Joseph Spencer Robinson of Alfreton, pharmaceutical chemist and Abbott Thurman of Ilkeston, solicitor to Charles Tansey of Somercotes, baker…” The plot was sold for £116.12.0.  The conveyance also describes the location of the property and the owners of the adjacent land. Plot 4, which was to become the site of the Premier Electric Theatre was bought at the auction by George Clark Towson and Sampson Hardy. Plot 6, to become Nos. 86/88 Nottingham Road was not sold and the conveyance states “…not intended to be conveyed.” This plot was later sold to a Thomas Franks on 22 February 1878, presumably by private treaty.

As the “first owner” of Lot 5 the conveyance also stipulated that Charles Tansey or his heirs could request sight or copy of the original Indenture dated 26 March 1877 between the trustees of Charles Rowland Palmer Morewood and Messrs Robinson and Thurman for the “defence and support of the estate, title and possession of the said Charles Tansey.”

PHOTO: The premises when trading as J. Fox & Son c.1960

 

Charles Tansey did not keep the land for long and did not erect any structure on it. On 2 August 1878 he conveyed the land to Thomas Franks of Somercotes, who was a joiner. It was sold for £114, implying that Tansey made a small loss on the transaction. This was the same Thomas Franks who had previously purchased the adjacent plot.

Thomas Franks owned the land for just over six years, in which time he erected a dwelling house and other buildings. The buildings as they stand today are built directly up to the boundary and although the row of buildings look almost like a terrace they are, in effect, structurally detached. It is difficult to know exactly what Thomas Franks built but there is no mention of a sales shop in the conveyance and looking at the property it is clear that the house and shop as they stand are two buildings, the roofline of the house in particular being at odds with its neighbours. The sales shop itself is orientated differently to the house and has a small brick plaque on the front gable which clearly shows the date of 1901.

When Thomas Franks sold the property on 4 September 1884 it was purchased by Charles Burkinshaw, a farmer of New Buildings, Edwinstowe for the sum of £190. The conveyance describes the land and some of its former history: “All that piece and parcel of land situate at Somercotes containing by admeasurement five hundred and eighty three square yards or thereabouts, until recently forming part of and now staked out from a certain close afterwards divided and forming two closes] situate at Somercotes aforesaid containing five acres one rood and nineteen perches or thereabouts, bounded on or towards the north east by the turnpike road leading from Alfreton to Nottingham, on or towards the south east by [an]other part of the said close sold by Joseph Spencer Robinson and Abbott Thurman to George Clark Towson, on or toward the north west by land [an]other part of the said close recently belonging to the said Thomas Franks and by him sold to William Parkin, and on or toward the south west [an]other part of the said close recently belonging to the said Joseph Spencer Robinson and Abbott Thurman; Together with the messuage or dwellinghouse and other buildings erected by the said Thomas Franks on the said parcel of land or on some part thereof and now in the occupation of the said Thomas Franks…” As was usual the sale excepted the mineral rights.

Charles Burkinshaw probably purchased the plot for investment, as he probably never lived in the area. He moved from Edwinstowe to Carburton in Nottinghamshire, where he lived when he sold the property to Joseph Fox, a General Dealer of Somercotes for £230. Joseph Fox already lived at the property and presumably rented from Burkinshaw, buying the property when the opportunity arose. The conveyance for this transaction is dated 7 May 1896.

Joseph died on 28 April 1898. In his Last Will & Testament he bequeathed his possessions to his wife Lucy for as long as she lived, and then for the estate to be divided between his children. Lucy Fox died on 4 June 1915 and as written in the terms of Joseph’s Will his estate then passed to his ten children [four sons and six daughters]. It was valued at £1000. In 1920 three of Joseph’s children purchased the property from their siblings and Thomas, William Henry and John Fox became joint owners, which was then described as “all that land and dwelling house and sales shop at Somercotes in the parish of Alfreton in the county of Derby…”. The Conveyance for the transaction was dated and signed by all parties on 10 June that year. Over the next few years, John Fox would purchase the other shares in the property to become sole owner, although the exact history is made more complicated by the fact that William Henry Fox appears to have taken out a mortgage on his share to raise capital.

On 29 July 1922, John Fox paid Thomas Fox the sum of £333.6s.8d for the purchase of the third share in the property owned by Thomas, It was conveyed to John Fox on 4 June 1923.

The third share owned by William Henry Fox and re-mortgaged was not finally purchased by John until 1934. On 27 February that year new Trustees of William Henry’s estate were appointed, included Louie Searby, spinster, who was the mortgagee. The document states that the property was occupied by John Fox and that the property was not numbered at the time. George Beastall and William Parkin owned the properties either side.  On 28 February an Abstract of Title was drawn up and two days later an official Land Registry search seems to have taken place. Finally, on 5 March 1934 a conveyance between William Henry Fox and John Fox was signed for the one, undivided third share of the property, which now gave John sole ownership.

John continued to trade as a general dealer at the shop until his retirement, when his son, Gordon Valentine Fox took over. At the time, John moved out of the property and resided at Stanley Common. He died on 8 February 1966 at the Grove, Shardlow.

PHOTO: The sales shop when trading as the Top Store, c.1995

 

John died intestate and on 25 May Letters of Administration of his estate were granted to Alice Mabel Fox [John’s widow], Cyril Harrison Fox and Sadie Howarth. On 30 November 1966 Gordon Fox signed the conveyance for the property from the trustees of the estate. It was valued at £3,000. Gordon continued to run hardware store until his retirement, when his long-time assistant, John Straw, took over the business and changed the name to Regent Hardware. Gordon and his wife continued to own the property and live in the house throughout the rest of their lives. Gordon died 9 March 1993 and after the death of his wife just one year later the property passed fully to their daughter Doreen, who ran the business as a general store right up until her death in 2017.

Upon Doreen’s death the property was inherited by her daughter who subsequently sold the shop and house in 2020. The property had, at the time, been owned by members of the same family for 124 years.