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PURCHASES. about the necessary repairs of the said messuage, hereditaments, and premises, or some part thereof), without Purchase Money the consent and approbation of the said (vendor) his heirs, executors, administrators, or assigns, first had and obtained in writing under his or their hand, or respective hands.”

secured on the

Estate.

No. LII.

Conveyance from a Vendor to a Purchaser and a
Mortgagee who advances part of the Purchase
Money.

Variations where part of the Premises are Copyhold.
Also where the Mortgage is effected by a separate
Deed (1).

THIS INDENTURE of three parts, made the

day of

in the

and in the year of our Lord (the vendor) of, &c.

(the purchaser) of, &c.

PURCHASES.

Purchase Money advanced by a Third Person.

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and (the mortgagee) of, &c.

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(purchaser) hath contracted with (3) the said

(1) As to the difference between the mortgage being taken Separate mortby the same or a different conveyance, see ante, No. LI. p. 381, gage.

n. (2); 389, n. (1).

(2) If the wife of the vendor have a title to dower out of Wife. the lands to be conveyed, make her a party, and vary the draft agreeably to No. XXXI.

(3) If the estate were sold by public auction, make the recital Auction. of the contract and of the payment of the purchase money, con

formably to No. XXXI. p. 4. n. (1).

If part of the premises are copyhold, see Vol. I. No. XX.

Copyhold.

If the mortgage be made by a conveyance to a trustee, see Trustee. ante, p. 381, n. (2).

PURCHASES. (vendor) for the absolute purchase of the fee Purchase Money simple and inheritance of all and singular the advanced by a said lands and hereditaments at the sum of £

Third Person.

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AND WHEREAS the said (purchaser) has requested
the said (mortgagee) to lend him the sum of £
to enable him to complete the said purchase,
which he has consented to do on having such
conveyance and assurance made to him of the
said lands and hereditaments, and such bond or
obligation entered into by the said (purchaser)
for repayment of the said sum and interest as
hereinafter is expressed. Now THEREFORE THIS
INDENTURE WITNESSETH that in pursuance of the
said agreement, and for and in consideration of
the sum of £
of lawful and current money
of that part of the United Kingdom of Great
Britain and Ireland, called England, in hand well
and truly paid to the said (vendor) at or imme-
diately before the sealing and delivery of these
presents, by the said (mortgagee) at the instance
and request of the said (purchaser) testified by his
being a party to, and signing and sealing these
presents, in part of the said purchase money or
sum of £
and of the further sum of

£

of like lawful and current money to
the said (vendor) at the same time in hand well
and truly paid by the said (purchaser) the receipt
of which said sums of £
making together the sum of £

and £

and being

in full for the absolute purchase of the fee simple
and inheritance of the lands and hereditaments
hereinafter described, free from incumbrances,

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Purchase Money

Third Persor.

grants and

(except as hereinafter is mentioned), the said PURCHASES. (vendor) doth hereby acknowledge, and of and from the same doth acquit, release, discharge, and advanced by a exonerate the said (mortgagee) and (purchaser) and each of thein, and their respective heirs, executors, and administrators, and also the said lands and hereditaments, by these presents, HE the said The vendor (vendor) with the privity and consent of the said confirms. (mortgagee) testified in manner as aforesaid, HATH granted, bargained, sold, aliened, and released, and by these presents DOTH grant, bargain, sell, alien, release, and confirm (1) unto the said (purchaser) (2) and his heirs, ALL, &c. or Parcels. howsoever otherwise, the said messuages, lands, tenements, and hereditaments, or any of them now are, or is, or heretofore were or was situated, tenanted, called, known, described, or distinguished; and also all other the messuages, lands, tenements, and hereditaments (if any) which are comprised in a certain indenture of bargain and sale for a year, hereinafter referred to, as bearing date the day next before the day of the date hereof: TOGETHER with all [houses (3), out- General ap

purtenances.

(1) Here describe the subject of the conveyance by its pre- Parcels. sent and ancient name, situation, tenantcy, &c.

If the conveyance be of a moiety or other portion only of the Moiety, &c. estate, see Vol. I. No. XXVI.

(2) If the conveyance is to be made to a trustee, see ante,

p. 385.

And if it be of a remainder or reversion expectant upon the Remainder, &c. determination of any prior estate, see Vol. I. No. XXIV

(3) See general words, applicable to different kinds of real General words. property, and Index voce Recitals.

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Purchase Money

Third Person.

PURCHASES. houses, buildings, barns, stables, coach-houses, dove-houses, yards, cellars, vaults, areas, ancient advanced by a 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, advantages, appen-. dances, and appurtenances whatsoever, to the said hereditaments and premises, or any of them, any part thereof respectively 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, the bargain and &C. (ALL (1). which said messuages, lands, tenesale for a year. ments, and hereditaments, are now in the actual possession of, or legally vested in the said (purchaser) by virtue of a bargain and sale (2) to him thereof made by the said (vendor) for five shillings consideration, by indenture bearing date on the day next before and executed previously to the sealing and delivery of these presents, for the term of one year, commencing from the day next preceding the day of the date of the same indenture, and by force of the statute made for transferring uses into possession), and the reversion and

Reference to

Moiety, &c.

Remainder, &c.
Bargain and

saic.

(1) If the conveyance be of a moiety or other portion of the estate, see Vol. I. No. XXVI.

If of a remainder or reversion, see ib. No. XXIV.

(2) See the form of this bargain and sale, ante, Vol. I. No. XII. XIV.

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