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PURCHASES, about the necessary repairs of the said messuage, here

ditaments, and premises, or some part thereof), without Purchase Money the consent and approbation of the said (vendor) his heirs, Estate. executors, administrators, or assigns, first had and obtained

in writing under his or their hand, or respective hands."



No. LII.

Purchase Money advanced by a Third Person.

Conveyance from a Vendor to a Purchaser and a

Mortgagee who advances part of the Purchase

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

Deed (1).

day of

HIS INDENTURE of three parts, made the

in the year of the reign, &c. and in the year of our Lord BETWEEN (2)

Parties. (the vendor) of, &c.

of the first part, and (the purchaser) of, &c.

of the second part, and (the mortgagee) of, &c.

of the third part. WHEREAS, &c. AND WHEREAS the said Recitals. (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, 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, conformably 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).

Third Person.

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

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 Witness, that hereinafter is expressed. Now THEREFORE THIS of the purchase INDENTURE WITNESSETH that in pursuance of the money.

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 immediately 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

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 £

and £ making together the sum of £

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

sum of £

Third Persor.

(except as hereinafter is mentioned), `the said PURCHASES. (vendor) doth hereby acknowledge, and of and

Purchase Money from the same doth acquit, release, discharge, and adianced 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 confirnis. (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


(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, VOL. II.


Third Person.

PURCHASES. houses, buildings, barns, stables, coach-houses, Purchase Money dove-houses, yards, cellars, vaults, areas, ancient ademced by a arid 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, appendances, 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 here

tofore holden, used, occupied, or enjoyed, except, the bargain and &c. (ALL (1). which said messuages, lands, tenesile 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

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. XIII. XIV.

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