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said hereinbefore in part recited indentures of PURCHASES. lease and release, and all the estate, right, title,
Vendor and and interest whatsoever, of himn the said (mort- Murigagee in gagee) therein or thereto, under or by virtue of the same in part recited indentures, or either of them. TOGETHER also with the said indentures, and all and every other the deeds, writings, and evidences of title whatsoever, in any wise relating to the same premises, or any part thereof, which at, or at any time after, the sealing and delivery thereof, were or was delivered unto him the said (mortgagee), his counsel, solicitor, or agent, or which now are or is in the possession or power of the said (mortgagee) as mortgagee of the said premises. AND This INDENTURE FURTHER WITNESS- Further
WITNESS, ETH(1), that for the considerations aforesaid, and for in consideration
of residue of purchase
of release, Hath granted, bargained, sold, and released, and by these presents both grant, bargain, sell, and release, and the said (vendor) hath granted, bargained, sold, aliened, released, ratified, and confirmed, and by these presents DOTH grant, bargain, sell, alien, release, ratify, and confirm, unto the said (purchaser) and to his heirs and assigns, ALL, &c.” as in the text.
And where the estate is small, and the title clear, the above mode is allowable; but as by this arrangement of the words, the mortgagee is, in grammatical construction, made to convey, as well in consideration of the money paid to the vendor, with which he has no concern, as of that paid to himself; and also the estate and interest of the mortgagor as well as his own under the mortgage, the form given in the text appears to be preferable.
(1) If a part only of the mortgage money be paid off, this Part of mortwitnessing part will of course be omitted.
gage paid. VOL. II.
PURCHASES. and in consideration of the further sum of £
of such lawful and current money as aforesaid, at Vendor and Mortgagee in the time of the sealing and delivering of these
presents well and truly paid by the said (purchaser)
and also the said premises, by these presents.] The vendor
He the said (vendor) Hath granted, bargained, sold, aliened, released, ratified, and confirmed, and by these presents Doth grant, bargain, sell,
alien, release, ratify, and confirm, unto him the The aforcsaid said (purchaser), his heirs and assigns, ALL and
singular the several messuages, or tenements, lands, and hereditaments, hereinbefore described, and granted and released to the said (purchaser) by the said (mortgagee), as hereinbefore is expressed, or intended so to be, (or howsoever otherwise the said messuages, lands, tenements, and hereditaments, or any of them, now are, or is, or here
And if the mortgagec be the purchaser, this part of the deed may be altered into a simple release of the mortgagee's equity of redemption, as in Vol. I. No. XXV. p. 361; and in that case, if it be wished by the mortgagee, the mortgage money may be assigned to a trustee to be kept as personal estate, for the purposes to be directed by his will or otherwise, see post, No. XXXVII. rider (A).
tofore were or was situated, tenanted, called, PURCHASES. known, or described, and also all other the messuages, lands, tenements, and hereditaments (if Mortgagee in
Fee. any) comprised in a certain indenture of bargain – and sale for a year, hereinafter referred to: ToGETHER with all [houses (1), out-houses, buildings, barns, stables, coach-houses, dove-houses, yards, cellars, vaults, areas, benefit and advantage of ancient and other lights, ways, paths, passages, gardens, orchards, ponds, waters, land covered with water, water-courses, timber and other trees, woods, underwoods, and the ground and soil thereof, mines, quarries, rights and privileges of common, of every kind, and all] and all manner of (other] rights, privileges, easements, appendances, and appurtenances whatsoever, to the said messuages, lands, tenements, hereditaments and premises, or any part thereof, belonging, or in any wise appertaining, (or reputed or deemed so to be, or with the same or any of them now or heretofore holden, used, occupied, or enjoyed], except, &c. (2). Bargain and (All which said messuages, lands, tenements, and hereditaments, are now in the possession of or legally vested in the said (purchaser) by virtue of bargain and sale (3) for a year to him thereof
sale for a year.
(1) Adapt the general words to the nature of the property, General words. for which purpose see Index voc. GENERAL WORDS.
(2) If there be a right of way or other appurtenant to be ex- Exceptions. cepted, insert such exception here. And see of exceptions in deeds, 4 Elem. Conv. 2d edit. p. 108.
(3) See the form of the bargain and sale for a year, Vol. I. Lease for year. No. XIII. p. 110; and No. XIV. p. 117.
PURCHASEs. made by the said (mortgagee and rendor) for
five shillings consideration) by indenture bearl'enilor and M.rigagie in ing date on the day next before the date of these • Fee.
presents, and by force of the statute made for transferring uses into possession), and the reversion and reversions, remainder and remainders, of and
in the said hereditaments and premises, and the Estate, &c. rents, issues, and proceeds , thereof. And all
the estate, right, title, interest, use, trust, property, possession, possibility, equity, and right of redemption, claim and demand whatsoever,
of him the said (vendor) in, to, or respectGrant of title ing the said hereditaments and premises, or any
part thereof : [TOGETHER with all deeds (1), muniments, and writings whatsoever, in any wise relating to the same premises, or any part thereof, either alone or together with other hereditaments or property of inferior value, and which now are, or hereafter shall or may be in the possession or lawful power of him the said (vendor), his heirs, executors, or administrators, or of any person or persons from whom he or they can or may procure
the same, without action or suit at law or in equity; And copies. and true and attested copies duly stamped, when
and as the said (purchaser), his heirs or assigns, shall require the same, of all deeds, muniments, and writings, not being of record, so in his or
Part of mortgage paid.
(1) If a part only of the mortgage money be paid off, this grant of title deeds must be omitted, unless there be separate title deeds belonging to those sold, in which case say,
- All, &c. except only the hereinbefore in part recited indenture, by way of mortgage, of the day of
their custody or power, or which can or may be PURCHASES. procured as aforesaid, in any wise relating to the same hereditaments and premises, or any part Mortgagee in thereof, jointly with other hereditaments or property of equal or greater value (1), such copies when first required to be made and delivered at the expense of the said (vendor), his heirs, executors, or administrators; but all future copies to be made and taken at the expense of the person or persons requiring the same. TO HAVE AND TO HOLD (2) To hold to the
purchaser in the said messuages, lands, tenements, lereditaments, and premises, hereby granted and released, or otherwise assured, or intended so to be, with their and every of their rights, members, and appurtenances, “ unto the said (purchaser) his leirs and assigns (3), to and for the use and behoof of him the said (purchaser), his heirs and assigns for ever," wholly and absolutely freed,
(1) If the title deeds are not to be delivered to the purchaser, Schedule but a covenant entered into for the production of them, as con- of tained in an underwritten schedule, add,
“ And whether mentioned in the schedule here underwritten or hereunto annexed or not.”
(2) Of the habendum of a deed, see Vol. I. No. XV. p. 136, Hubendum, notes; also 4 Elem. Conv. 2d edit. p. 111. (3) If the conveyance is intended to be taken to uses to bar Uses to bar
dower. wife's title to dower, omit the words within inverted cominas, and say,
“ Unto the said (purchaser) and his heirs, to, and for the uses, ends, and purposes hereinbefore expressed concerning the same, that is to say,” And add the limitation referred, ante, No. XXXI. p. 10, n. (3).