Vendor and Fee. said hereinbefore in part recited indentures of purchases. lease and release, and all the estate, right, title, and interest whatsoever, of him the said (mort- Morigagee 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 ETH (1), that for the considerations aforesaid, and for WITNESS, in consideration of residue of purchase money. of release, HATH granted, bargained, sold, and released, and by these presents DOTH 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. Vendor and Fec. PURCHASES. and in consideration of the further sum of £ of such lawful and current money as aforesaid, at Mortgagee in the time of the sealing and delivering of these presents well and truly paid by the said (purchaser) to the said (vendor), being the residue and in full of the said purchase money or sum of £ the receipt whereof, and that the same is so in full as aforesaid, the said (vendor) doth hereby expressly acknowledge, [and of and from the same and every part thereof, doth acquit, release, exonerate, and discharge the said (purchaser), his heirs, executors, and administrators, and also the said premises, by these presents.] He the said (vendor) HATH granted, bargained, sold, aliened, released, ratified, and confirmed, and by these presents DoтH grant, bargain, sell, alien, release, ratify, and confirm, unto him the 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 The vendor grants, &c. The aforesaid premises, Mortgagee purchaser. 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). Vendor and Fee. with the appur tofore were or was situated, tenanted, called, PURCHASES. known, or described, and also all other the messuages, lands, tenements, and hereditaments (if Mortgagee in 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. Vendor and Fee. Estate, &c. Grant of title deeds. PURCHASES. made by the said (mortgagee and vendor) for five shillings consideration) by indenture bearMorgage in ing date on the day next before the date of these 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 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 respecting 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 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 And copies. 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 Vendor and 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 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 the said messuages, lands, tenements, heredita- fee-simple. ments, 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 heirs 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, 66 purchaser in of deeds. (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 contained in an underwritten schedule, add, "And whether mentioned in the schedule here under written or hereunto annexed or not." (2) of the habendum of a deed, see Vol. I. No. XV. p. 136, Habendum, notes; also 4 Elem. Conv. 2d edit. p. 111. dower. (3) If the conveyance is intended to be taken to uses to bar Uses to bar wife's title to dower, omit the words within inverted commas, 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). |