Edward Moxhay
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Edward Moxhay (1787-1849) was a Victorian shoemaker, biscuit maker and property speculator, best known for his involvement in a landmark English land law case that decided that in certain cases a
covenant Covenant may refer to: Religion * Covenant (religion), a formal alliance or agreement made by God with a religious community or with humanity in general ** Covenant (biblical), in the Hebrew Bible ** Covenant in Mormonism, a sacred agreement b ...
can "run with the land".


Early life and career

Edward Moxhay was born on St David's Hill,
Exeter Exeter ( ) is a City status in the United Kingdom, cathedral city and the county town of Devon in South West England. It is situated on the River Exe, approximately northeast of Plymouth and southwest of Bristol. In Roman Britain, Exeter w ...
on 8 June 1787, one of seven children of humble parents, Richard Moxhay and Mary Potter. His elder brother Richard Hellings Moxhay was a talented organist and pianist who became a professor of music. Initially Edward followed his father's profession of shoemaker, completing his training in London and, after working for some of the best shoe and bootmakers, around 1810 he took the position of foreman with the firm of Walter and Gresham, leather cutters of
Cannon Street Cannon Street is a road in the City of London, the historic nucleus of London and its modern financial centre. It runs roughly parallel with the River Thames, about north of it, in the north of the City. It is the site of the ancient London S ...
. In 1812 he married Phebe Peapes White, the daughter of a
Norfolk Norfolk ( ) is a Ceremonial counties of England, ceremonial county in England, located in East Anglia and officially part of the East of England region. It borders Lincolnshire and The Wash to the north-west, the North Sea to the north and eas ...
builder, and started in business on his own in
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, later moving to Great Winchester Street and finally to well situated premises at 55
Threadneedle Street Threadneedle Street is a street in the City of London, England, between Bishopsgate at its northeast end and Bank junction in the southwest. It is one of nine streets that converge at Bank. It lies in the ward of Cornhill. History Threadne ...
. Through hard work and perseverance he prospered, particularly by exporting to the
West Indies The West Indies is an island subregion of the Americas, surrounded by the Atlantic Ocean, North Atlantic Ocean and the Caribbean Sea, which comprises 13 independent island country, island countries and 19 dependent territory, dependencies in thr ...
, and the family was able to move their residence from Threadneedle Street to a substantial house and grounds in
Stamford Hill Stamford Hill is an area in Inner London, England, about northeast of Charing Cross. The neighbourhood is a major component of the London Borough of Hackney, and is known for its Hasidic community, the largest concentration of orthodox Ashken ...
, now a suburb of London, but then in the countryside. There they entertained people of education and taste and Moxhay developed an interest in the arts and a talent for architecture. With the profits from his shoemaking business he acquired several leases of houses in the
Austin Friars Austin Friars is a coeducational private day school located in Carlisle, England. The Senior School provides secondary education for 350 boys and girls aged 11–18. There are 150 children aged 4–11 in the Junior School and the Nursery has pl ...
and Broad Street areas which he improved and let profitably as offices, which in turn led to commissions to improve the premises of several
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companies. In the early 1820s, becoming concerned that his shoe-making business was over-reliant on exports, he took the unusual step of switching his Threadneedle Street premises to biscuit baking, in competition with the celebrated biscuit maker Leman in the same street. He made a success of this business too and, after forays in the risky shipping world, returned to property speculation.


''Tulk v Moxhay''

The Tulk family had acquired the gardens in the centre of
Leicester Square Leicester Square ( ) is a pedestrianised town square, square in the West End of London, England, and is the centre of London's entertainment district. It was laid out in 1670 as Leicester Fields, which was named after the recently built Leice ...
in the eighteenth century with a legal agreement that they had an obligation to maintain the gardens "uncovered by any buildings" and in 1808
Charles Augustus Tulk Charles Augustus Tulk (1786–1849) was an English Swedenborgian and politician. Life The eldest son of John Augustus Tulk, he was born at Richmond, Surrey, on 2 June 1786. His father, a man of independent fortune, was an original member of the ...
, foolishly sold the gardens to a local dentist, Charles Elms for £210 passing on this obligation. Elms subsequently sold to Robert Barren, who later sold to John Inderwick. When Moxhay bought the gardens in 1839 he was an established speculative builder, so clearly had development in mind, and being unable to remove this restrictive covenant chose to ignore it. After four years of legal wrangling, in 1848 Moxhay paid Barren's widow £120 to release Inderwick from the covenant and the freehold of the garden was finally conveyed by Inderwick to Moxhay without any obligation to maintain it or even to keep it "uncovered with any buildings". Moxhay immediately started felling the square's trees and in October 1848 Charles Augustus Tulk, whose folly in selling the garden for £210 forty years earlier was the main cause of this deplorable state of affairs, sought an injunction in
Chancery Chancery may refer to: Offices and administration * Court of Chancery, the chief court of equity in England and Wales until 1873 ** Equity (law), also called chancery, the body of jurisprudence originating in the Court of Chancery ** Courts of e ...
to restrain Moxhay from despoiling the square or building on the garden. Moxhay argued that nearby development had made the square "entirely dependent for its prosperity upon trade and commerce" and that the residents no longer used the garden, which had become an unsightly disgrace to the neighbourhood, though he admitted that he had considered erecting a bazaar in the garden as early as 1845. In December 1848 the
Master of the Rolls The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales ...
made an order restraining Moxhay from using the garden in any way which "might be inconsistent with the use of it as an open garden and pleasure ground", and this decision was subsequently upheld by the
Lord Chancellor The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
. This legal decision, ''
Tulk v Moxhay ''Tulk v Moxhay'' is a landmark English land law case which decided that in certain cases a restrictive covenant can "run with the land" (i.e. a future owner will be subject to the restriction) in equity. It is the reason that Leicester Square e ...
'', has become a landmark case in establishing that covenants bind subsequent owners of land.'Leicester Square Area: Leicester Estate', in Survey of London: Volumes 33 and 34, St Anne Soho, ed. F H W Sheppard (London, 1966), pp. 416-440. British History Online http://www.british-history.ac.uk/survey-london/vols33-4/pp416-440 ccessed 27 May 2021


Hall of Commerce

In 1830 Moxhay embarked on his least successful speculation. In 1829 the site of the former French Protestant Church at 52 Threadneedle Street became available following its demolition to make way for the widening of the street by the
City Corporation Municipal corporation is the legal term for a local governing body, including (but not necessarily limited to) cities, counties, towns, townships, charter townships, villages, and boroughs. The term can also be used to describe municipally ow ...
.Walter Thornbury, 'Threadneedle Street', in Old and New London: Volume 1 (London, 1878), pp. 531-544. British History Online http://www.british-history.ac.uk/old-new-london/vol1/pp531-544 ccessed 27 May 2021 Moxhay bought the site and with backers spent £70,000 building a "Hall of Commerce" to his own design. The enormous hall was intended as a meeting place where commercial news could be exchanged, it was a predecessor of the more successful Royal Exchange which opened in 1844. Apart from the grand hall, there was a reading room, a room where commission agents could exhibit their samples, rooms for meetings of creditors and private arbitrations and rooms for the deposit of deeds. But the venture was a financial failure and Moxhay and his backers were forced to reduce the annual subscription from £5 5s. to £1 10s. 6d. From 1855 the building was occupied by a series of banks until its demolition in 1922. Its striking frieze by the sculptor Musgrave Watson (1804-1847), best known for his bas-reliefs around the base of
Nelson's Column Nelson's Column is a monument in Trafalgar Square in the City of Westminster, Central London, built to commemorate Vice-Admiral Horatio Nelson's decisive victory at the Battle of Trafalgar over the combined French and Spanish navies, during whi ...
was saved and relocated to Battishill Street Gardens,
Islington Islington ( ) is an inner-city area of north London, England, within the wider London Borough of Islington. It is a mainly residential district of Inner London, extending from Islington's #Islington High Street, High Street to Highbury Fields ...
, where it can be seen to this day.


Death

The death of his son Charles at
Torquay Torquay ( ) is a seaside town in Devon, England, part of the unitary authority area of Torbay. It lies south of the county town of Exeter and east-north-east of Plymouth, on the north of Tor Bay, adjoining the neighbouring town of Paignt ...
in 1847, combined with his heavy losses from the failure of the Hall of Commerce, blighted the final years of Moxhay's life and it was said that he would spend many hours wandering in
Epping Forest Epping Forest is a area of ancient woodland, and other established habitats, which straddles the border between Greater London and Essex. The main body of the forest stretches from Epping in the north, to Chingford on the edge of the Lond ...
dreaming up unrealisable, grandiose schemes. He died heavily in debt at his Stamford Hill home on 19 March 1849 and is buried on the west side of
Highgate Cemetery Highgate Cemetery is a place of burial in North London, England, designed by architect Stephen Geary. There are approximately 170,000 people buried in around 53,000 graves across the West and East sides. Highgate Cemetery is notable both for so ...
.


Gallery

Interior of the Hall of Commerce following conversion to a bank.jpg, Interior of the Hall of Commerce, Threadneedle Street, after conversion to the London Bank Musgrave Watson frieze in Battishill Gardens.jpg, Part of the Musgrave Watson frieze in Battishill Gardens Musgrave Watson frieze in Battishill Gardens - geograph.org.uk - 1363600.jpg, Detail of the Musgrave Watson frieze in Battishill Gardens Musgrave Watson frieze in Battishill Gardens - geograph.org.uk - 1363598.jpg, Detail of the Musgrave Watson frieze in Battishill Gardens


Notes


References

{{DEFAULTSORT:Moxhay, Edward 1787 births 1849 deaths 19th-century British businesspeople Businesspeople from Exeter Burials at Highgate Cemetery