Trustees for

Sale and Mortgagec.

cumbrances.

his and their own use and benefit,"] without any PURCHASES. manner of hindrance, interruption, disturbance, claim, or demand whatsoever, by or from them the said (mortgagee, trustees, and owner), or any or either of them, or their or any or either of their heirs, or any person or persons now or hereafter having, or rightfully claiming any estate, right, title, charge, or interest at law or in equity in, to, out of, upon, or concerning the said hereditaments and premises, or any part thereof, from, through, under, or in trust for them, or any or either of them) (1). AND that free and clear, and freely, Free from inclearly, and absolutely discharged and exonerated, or otherwise, by and at the expense of the said (owner) and (trustees) or some or one of them, their, or his heirs, executors, or administrators, effectually defended, protected, and indemnified, of, from, and against all [former and other feoffments, gifts, grants, bargains and sales, releases, settlements, mortgages, demises, leases, contracts, devises, wills, conveyances, assurances, descents, uses, trusts, limitations, entails, conditions, estate, right and title to dower, remainders, and reversions in the crown or elsewhere, judgments, decrees, recognizances, statutes, extents, executions, sequestrations, elegits, debts of record, debts due to the king, or any of his predecessors, legacies, portions, annuities, rents of all kinds, forfeitures, rights of entry, and cause and causes thereof, fines, amerciaments, and all and singular other] estates, rights, titles, interests, charges, and in

(1) See ante, p. 258, n. (1.)

Trustees for
Sale and
Mortgagee.

PURCHASES. cumbrances whatsoever, which at any time or times heretofore have been, or which at any time hereafter shall or may be made, created, executed, committed, or knowingly occasioned, or suffered by the said (mortgagee, trustees, and owner), or any or either of them (1), or any other person or persons now or hereafter rightfully claiming or possessing any estate, right, title, or interest, either at law or in equity, from, through, under, or in trust for them, or any or either of them, or by or through their, or any or either of their acts, defaults, means, consent, or privity (2). AND moreover, &c. (add a covenant by the owner of the inheritance for further assurance (3). IN WITNESS, &c. (4).

Covenant for further assurance.

Vendor entitled

by devise, &c.

Lease.

Outstanding

term.

Rent charge.

Production of deeds.

Provisoes, &c.

Stamp.

Execution, &c.

(1) If the vendor took by devise, voluntary conveyance, or descent, see ante, p. 257, n. (1).

(2) If the premises be on lease, see ante, p. 25.

(3) See ante, p. 165.

(4) If there be an outstanding term, which is to be assigned, or surrendered, see ante, No. XXXI. p. 34.

If the premises are subject to a rent-charge or the like, see Vol. I. p. 212, 427.

If any of the title deeds are retained by the vendor or his predecessors in title, add a covenant for their production, as ante, No. XXXI. p. 39, or otherwise as directed, Vol. I. No. XVI. p. 183, in notes, and p. 196.

For various covenants, provisoes, clauses, &c. to be inserted when required by particular circumstances attending the title, or by agreement of parties, see variations, Vol. I. No. XVI. p. 188, et seq.

*** As to the stamp to be impressed, see Vol. I. INTRODUCTION, p. xcvi. also 4 Elem. Conv. 2d edit. p. 86.

As to the execution, attestation, receipt for consideration money, &c. &c. see Vol. I. No. XV. p. 158, n. (82); No. XVI. p. 184, -n. (28), et seq.; and see also INTRODUCTION, Vol. I. p. xliv. and lxxxiv. et seq. also 4 Elem. Conv. 2d edit. p. 88. et seq.

No. XLIII.

Conveyance by Trustees for Sale under a Deed or
Will [with Owner of Inheritance] (1) and an
Annuitant to a Purchaser.

Variations where the Conveyance to the Purchaser is
to uses to bar Dower, &c. &c. as below in margin.

year
of, &c.

of our Lord

parts, made the

year, &c. and in the
BETWEEN (the trustees)

PURCHASES.

Trustees for Sale and Annuitant.

(trustees for sale of the hereditaments hereinafter described under the indenture or will hereinafter recited) of the first part, (the annuitant) of, &c. (who hath an annuity issuing out of the said premises) of the second part, (the annuitant's trustee) a trustee for the said (annuitant), of the third part, (the owner of the inheritance), (being the beneficial owner of the inheritance of the said hereditaments), of the fourth part, and (the purchaser), (to whom the said hereditaments are intended to be conveyed as the purchaser thereof), of the fifth part (2). WHERE

(1) Owner of the inheritance not in general a necessary party, ante, p. 204, n. (1).

(2) If the purchaser be married, and his wife dowable, make Wife of pura trustee party, as

"Being a trustee named and appointed by and on behalf

chaser.

PURCHASES. AS,

[Recite here the grant of the annuity (1), Trustees for Sale and the conveyance to the trustees for sale (2).] and Annuitant. AND WHEREAS the said (purchaser) has contracted (3) with the said (trustees) for the sale of the said lands and hereditaments, (or of the lands and hereditaments hereinafter described, being part or parcel of the lands and hereditaments comprised in the said in part recited indenture or will of the day of ) at the price or sum of £ free from incumbrances, (except as hereinafter mentioned). AND whereas it has been agreed by and between the several parties hereto, that the said annuity or yearly rent-charge of £ charged upon the said hereditaments by the said hereinbefore in part recited indenture of the day of shall be re-purchased in pursuance of the proviso in the said indenture contained on that behalf, and the said (annuitant) and (trustee) at the request of the said (purchaser) have respectively agreed to execute such release and assurance of their respective estates and in

Outstanding

term.

Recitals.

Auction.

Order of court.

of the said (purchaser) for the purposes hereinafter men-
tioned, of the
part."

If there be an outstanding term, see Vol. I. No. XXVII. p. 401. 430.

(1) See ante, p. 170.

(2) See ante, p. 205.

(3) If the premises were sold by public auction, see ante, No. XXXI. p. 4, n. (1).

If by order of court, see Vol. I. No. XVI. p. 163, n. (4).

consideration,

&c.

terests therein as hereinafter is expressed. Now PURCHASES, THIS INDENTURE WITNESSETH (1), that in pursuance Trustees for Sale of the said agreement, and for and in consi- and Annuitant. deration of the sum of of lawful and current WITNESS, in money of that part of the United Kingdom of Great Britain and Ireland called England, to the said (trustees) in hand well and truly paid (2) by the said (purchaser) at or immediately before the sealing and delivery of these presents, the receipt whereof, and that the same, with the sum of £ paid to the said (annuitant) as hereinafter is mentioned, and making together the sum of £ is in full for the absolute purchase of the feesimple and inheritance of the lands and hereditaments hereinafter described, the said (trustees) do hereby acknowledge, and of and from the same do fully and absolutely acquit, release, discharge, and exonerate the said (purchaser) his heirs, executors, administrators, and assigns, and the said messuages, lands, tenements, and hereditaments, by these presents, they the said (trustees) with and by the privity, consent, and approbation of the said (annuitant) testified by his sealing and delivery of these presents, HAVE and each of them HATH bargained, sold, aliened, and re- The trustees bargain, sell, leased, and by these presents DO and each of &c.

(1) Of the WITNESSING part of a deed, see notes, Vol. I. No. WITNESS.

XV. p. 123, et seq. also 4 Elem. Conv. 2d edit. p. 98, et seq.

(2) If the consideration be paid otherwise than in money; or Consideration. at any other time than at the execution of the conveyance, see Vol. I. No. XVI. p. 165, n. (6), et seq.