Assignees and
Mortgagee.

mises, hereinbefore granted and released, or other- PURCHASES. wise assured or intended so to be, as of or for a good, perfect, clear, absolute, and indefeasible estate of inheritance, in fee-simple, in possession, without there being any manner of trust, condition, power of revocation, or of limiting or declaring any new or other use or uses, or any other qualification, restriction, matter, or thing whatsoever, expressed or implied, which can or may revoke, determine, abridge, qualify, alter, charge, incumber, or prejudicially affect the same in any manner howsoever, other than as hereinbefore is particularly recited or set forth, save only and except, &c. (1). AND also, that (for and notwithstanding any such And have right act, deed, matter, or thing as aforesaid, they the said (assignees, mortgagee, and bankrupt) or some of them, now have in themselves, or one of them hath in himself full power, and lawful and absolute right and title to grant, bargain, sell, release, and assure all and singular the said hereditaments and premises, [hereinbefore granted, bargained, sold, and assigned, or otherwise assured respectively, or intended so to be], unto (2),

to convey.

(1) If the premises are subject to any incumbrance, except it Except, &c. here, and see Vol. I. p. 212. 427.

(2) If the conveyance be to uses to bar dower, instead of the Uses to bar 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 here

dower.

Assignees and
Mortgagee.

chaser shall

quietly enjoy.

PURCHASES." 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 meanThat the pur- ing of these presents. AND further, "that he the said (purchaser) his heirs and assigns, shall or lawfully may, immediately upon and after 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 rights, members, appendances, and appurtenances, and receive and retain the rents, issues, and profits, thereof, to and for his and their own proper use and benefit," without any manner of hindrance, interruption, claim, or demand whatsoever, by or from them the said (mortgagee, assignees, and bankrupt), or any or either of them, or their, or any or either of their heirs, or any person or persons now or hereafter lawfully or equitably entitled to the said hereditaments and premises, or any part thereof, or any estate or interest therein from, through, under, or in trust for

ditaments 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 so 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.

Assignees and
Mortgage.

cumbrances.

them, or any or either of them (1). AND that PURCHASES. free and clear, and clearly and absolutely discharged and exonerated, or by and at the expense of the said (assignees) or the estate of the Free from insaid (bankrupt), effectually 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 of or to dower, remainders, 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 incumbrances whatsoever, which at any time or times heretofore have been, or at any time hereafter shall or may be made, created, executed, occasioned, or knowingly suffered by the said (mortgagee, assignees, and bankrupt), or any or either of them, or any other person or persons claiming, or having title to claim any estate, right, title, or interest, either at law or in equity, from, through,

(1) If the vendor took by devise, voluntary conveyance, or Bankrupt entitled by dedescent, see ante, p. 338, n. (4). vise, &c. If the premises be on lease, see as referred to ante, p. 309, n. (2). Leases.

Assignees and
Mortgagee.

PURCHASES. under, or in trust for them, or any or either of them, (1), or by or through their, or any or either of their acts, means, or defaults (2). AND moreover, [Add covenant for further assurance (3)]. IN WITNESS (4), &c.

Bankrupt

entitled by de vise, &c.

Leases.

Production of deeds.

Provisoes, &c.

Stamp.

Execution, &c.

(1) If the bankrupt took by devise, voluntary conveyance, or descent, see ante, p. 338, n. (4).

(2) If the premises be on lease, see ante, No. XXXI. p. 27,

notes.

(3) See ante, p. 39; n (1).

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.

(4) 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. XLVIII.

Conveyance by Assignees of a Bankrupt, Mortgagee in Fee, and Annuitant to a Purchaser.

Variations where the Mortgage was for a Term (1).
Where the Conveyance is by the Representatives of a
Mortgagee (2).

Where the Purchaser takes the Conveyance to Uses to
bar Dower.

PURCHASES..

Assignees, Mortgagee, and Annuitant.

THIS INDENTURE of

day of

parts, made the

in the

year of the

(a mort- Parties.

reign, &c. and in the year of our Lord

BETWEEN (the mortgagee) of, &c.

gagee of the hereditaments hereinafter described) of the first part, (the assignees) of, &c.

assignees of the estate and effects of (the bankrupt) of, &c. of the second part, (the annuitant) of, &c. (having an annuity chargeable upon the said hereditaments) of the third part, (the annuitant's

(1) If the mortgage was for a term of years, see ante, No. Term. XXXVII. p. 145. et seq.

sentatives.

(2) If the conveyance is from the heir at law, or other re- Repre presentatives of a mortgagee deceased, see variations to No. XXXVI. p. 119, marg. " heir, &c."

And if such heir, &c. be an infant, see ib. marg. " mortgagee infant."