Assignees of PURCHASES. declare, and agree, with and to the said (purchaser) his heirs and assigns, by these presents, that they the said (assignees) have not nor hath either of them, (each covenanting separately as aforesaid), at any time heretofore, either together or separately, made, done, executed, or knowingly occasioned, suffered, or omitted, nor caused or procured to be made, done, executed, or knowingly occasioned, suffered, or omitted, nor been parties or privies, or party or privy to any act, deed, matter, or thing whatsoever, whereby or by means whereof the messuages, lands, tenements, hereditaments, and premises, hereinbefore granted and released, or otherwise assured or intended so to be, or any part thereof, or any of the appurtenances thereto, [or the estate or interest intended to be by these presents granted and released, or otherwise assured therein], are, or is, or can or may be impeached, charged, incumbered, heretofore either alone or together with the said (other assignee) made, done, executed, or knowingly occasioned, suffered, or omitted, or been party or privy to, And the said (latter assignee) doth hereby for himself, his heirs, executors, and administrators, covenant and declare, to and with the said (purchaser) his heirs and assigns, that he the said (last assignee) hath not at any time heretofore, either alone or together with the said (first assignee) made, done, executed, or knowingly occasioned, suffered or omitted, or been party or privy to, any act, deed, &c." as above. Or, "And each of them the said (assignees) for himself, his heirs, executors, or administrators, doth by these presents, &c." as above. Assignees of bankrupt for or prejudicially affected, in any wise howsoever (1). PURCHASES. AND the said (bankrupt) (2) for himself, his heirs, executors, and administrators, DOTH hereby covenant and declare, to and with the said (purchaser), Covenant by his heirs and assigns, in the manner following, the title. (that is to say) that for and notwithstanding any act, deed, matter, or thing whatsoever, at any time heretofore made, done, executed, or knowingly occasioned, suffered, or omitted by him the said (bankrupt) (8), to the contrary, they the said (1) A covenant by the assignees that they have not incum- Assignees not bered, is the only one they are usually required (or can be com- incumbered. pelled) to enter into; but as they are commonly the persons who are entitled to the chief, or a very considerable part of the purchase money, it seems reasonable that they should also covenant for the title, particularly where the bankrupt is not a party to the conveyance. And as it has been held that in case of a defect of title, the assignees are compellable to execute further assurance, Taylor v. Wheeler, 2 Vern. 564, and note (1) to p. 566; Pye v. Dauburg, 3 Brow. Ch. Rep. 595, it seems reasonable that they should be made expressly to enter into this covenant. (2) Although a bankrupt is generally made to enter into the Covenant for usual covenants for the title, quiet enjoyment, and further as- title. surance, and see Sug. Vend. and Pur. 333; yet this cannot be required of him, see ante, p. 291, n. (1). Of the covenant for title, &c. in a deed, see Vol. I. No. XV. Covenants. p. 138, notes; also 4 Elem. Conv. 2d edit. p. 123. (3) If the bankrupt became entitled by devise; or by volun- Vendor entitled tary conveyance, as a marriage settlement, add, "Or the said (devisor) deceased,” or other person who was the last purchaser for a valuable con by devise, &c. sideration. If by descent, add, VOL. II. or by descent. X Assignees of PURCHASES. (bankrupt and assignees), or some or one of them, at the time of the sealing and delivery of these presents, are or is lawfully, rightly, and absolutely seised in their or his demesne as of fee, of all and singular the messuages, lands, tenements, hereditaments, and premises, hereinbefore granted and released, or otherwise assured or intended so to be, as of or for a good, perfect, clear, and indefeasible estate of inheritance, in fee-simple in possession, without the said premises or estates being subject or liable to any manner of trust, condition, power of revocation, or of limiting any new or other use or uses, or any other qualification, restriction, matter or thing whatsoever, which can or may revoke, determine, abridge, qualify, alter, charge, incumber, or prejudicially affect the same in any manner howsoever, save only and except (1). AND also that for and notwithstanding any such act, deed, matter, or thing (as aforesaid) they the said (assignees) and (bankrupt), or some or one of them, now have or hath in themselves, or himself, And that he and the assignees have right to convey. Bankrupt's trustee. Except, &c. and see Vol. I. No. XV. p. 141, n. (39); and No. XVI. p. 178, et seq. in notes. If the bankrupt took his conveyance to a trustee to bar dower, add, "Or by the said (trustee).” In this place, and throughout the covenants after the name of the bankrupt. (1) If the premises are subject to any incumbrance, except it here, and see Vol. I. p. 212. 427. Assignees of Bankrupt. That the pur chaser shall full power, and lawful and absolute right and title PURCHASES. to grant, bargain, sell, release, and confirm, all and singular the said hereditaments and premises, and the possession, reversion, and inheritance thereof, unto" and to the use and behoof of the said (purchaser) his heirs and assigns, in the manner aforesaid, and according to the true intent and meaning of these presents" (1). AND further, that "he the said (purchaser) his heirs and assigns, shall or lawfully may, immediately upon the sealing and delivery of these presents, and at all times thereafter, enter into and upon, and hold, possess, and enjoy all and singular the same hereditaments and premises, with their and every of their respective rights, privileges, members, and appurtenances; and receive and retain the rents, issues, profits, quietly enjoy. (1) If the conveyance is to be made to uses to bar dower, in- Uses to bar stead of the words within inverted commas, say, "Unto the said (purchaser) and his heirs, to and for the uses, intents, and purposes, and in the manner and form hereinbefore expressed concerning the same." And proceed, "And further, that all and singular the same hereditaments and premises, with their and every of their respective rights, members, appendants, and appurtenances, shall from time to time, and at all times hereafter, remain, continue, and be to the uses, upon the trusts, and for the intents and purposes, hereinbefore declared or expressed concerning the same, and shall and may be holden, occupied, and enjoyed, and the rents, issues, profits, and proceeds thereof, be received, retained, and applied accordingly, without any manner," &c. as in the text. dower. Assignees of Free from incumbrances. PURCHASES. and proceeds thereof, to and for his and their own. use and benefit," without any manner of hindrance, Bankrupt. interruption, disturbance, claim, or demand whatsoever, by or from them the said (bankrupt) and (assignees) or any or either of them, or their or any or either of their heirs, or any person or persons now or hereafter rightfully claiming or possessing any estate, right, title, charge, or interest, at law or in equity, in, to, 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, clearly, and absolutely discharged and exonerated, or otherwise, by and at the expense of the said (bankrupt) and (assignees), or some or one of them, or the estate and effects of the said (bankrupt) 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, dower, remainders, reversions in the crown or elsewhere, judgments, decrees, recognizances, statutes, extents, executions, sequestrations, elegits, debts of Bankrupt entitled by devise, &c. Leases. (1) If the bankrupt took by devise, voluntary conveyance, or descent, see ante, p. 304, n. (4). If the premises are on lease, see ante, No. XXXI. p. 25. |