Plantations. Free from incumbrances. PURCHASES. hereafter having or rightfully claiming from, through, under, or in trust for him, them, or any of them, any estate, right, title, charge, or interest, at law or in equity, in, to, out of, upon or concerning the same hereditaments, property, and premises, or any part thereof, (other than as hereinbefore is particularly expressed). AND that clear and free, and clearly and absolutely discharged and exonerated or otherwise by and at the expense of the said (vendor) his heirs, executors, or administrators, effectually defended, protected, and indemnified, of, from, and against all former and other gifts, grants, bargains and sales, releases, assignments, [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 heretofore have been, or at any time hereafter shall or may be made, created, executed, committed, occasioned or knowingly suffered by the said (vendor), or by or with his or their procurement or privity, or acts, means, or defaults, or by any person or persons, now or Plantations. Further assurance. FURTHER WITattorney to NESS, power of hereafter rightfully claiming or possessing any PURCHASES. estate, right, title, or interest, either at law or in equity, from, through, under, or in trust for him, them, or any of them. AND moreover that he the said (vendor) his heirs, executors, and administrators, (according to the nature of the said estates and property), and all and every other person or persons, now or at any time hereafter rightfully claiming, &c. &c. (covenant for further assurance in the usual form) (1). AND THIS INDENTURE FURTHER WITNESSETH, that to the intent that these presents may be duly registered (2), inrolled, and recorded in the proper office or offices appointed for that purpose, in the said island of and take effect according to the laws thereof respecting assurances of estates and interests therein, he the said (purchaser) HATH made, nominated, constituted, and appointed, and by these presents doth make, nominate, constitute and appoint, and in his place and stead put A. B. and C. D. both of the island of aforesaid, jointly and severally to be his true and register the deed. (1) See ante, p. 164. If the title deeds be not delivered to the purchaser, add a Title deeds. covenant for their production, as in No. XXXI. p. 39. or prepare a separate deed for that purpose, agreeably to the form referred to, Index, voc. Title Deeds. (2) In most of the American settlements and West India islands, conveyances are required to be registered there; which may be done either personally, or by attorney. Where the deed is sent over to be registered, then a counterpart should be executed and remain here, or the deed should first be put upon record in one of the courts at Westminster, lest it should be lost in its transmission. PURCHASES. lawful attorneys, and attorney, jointly and severally for him the said (purchaser) in his name, and Plantations. at his costs and expense to appear before the Wife party. registrar of deeds of the said island for the time (Schedule, &c.) *** If the wife of the grantor have any interest in the premises, and be resident in Great Britain, she must be made a party, and (by acts of assembly) her consent to the conveyance be acknowledged before one of the Judges of the Court of Common Pleas; the form of which may be, (1) If the conveyance be by lease and release, add, same." (2) If the conveyance be by lease and release, add as above. the PURCHASES. "Be it remembered that on the day of within named A., the wife of the within named B., one of the grantors in the within written indenture named, personally appeared before me, the Right Honourable Vicary Gibbs, Lord Chief Justice of His Majesty's Court of Common Pleas, at Westminster, and did there acknowledge before me, that the within-written indenture was her spontaneous act and deed, and was by her executed in order and to the intent that the same indenture, together with this present acknowldgement thereupon had, should be effectual to pass the estate and interest, and right and title of her the said A. B. of, in, and to the plantation, land, slaves, hereditaments and property, by the same indenture expressed to be conveyed or assured; she the said A. B. having been first solely and separately examined, and voluntarily consenting thereto, which I do hereby attest under my hand, in my capacity of Chief Justice aforesaid, the day and year hereinbefore mentioned." Plantations. It will also be requisite, in order to give validity to the wife's Enrolment. assurance, that the deed be enrolled at length in the Court of Chancery, and that a certificate of such enrolment, under the hand of the proper officer, be indorsed on the deed. If the vendor be tenant in tail of the estate, a similar acknow- Vendor tenant ledgment must be taken; as, "Be it remembered that B, &c. appeared, &c. &c. (as above) and did acknowledge before me, that the same indenture was his act and deed, and was by him duly executed; and did also acknowledge and declare, that the said acknowledgment was by him made in order to dock, bar, and destroy, all estates tail and all remainders and reversions expectant thereupon now subsisting in the plantation, land, slaves, hereditaments, and property, or any part thereof, expressed to be conveyed or assured in or by the same indenture, which I do hereby attest, &c." as above. in tail. PURCHASES. Mortgagee to No. LIV. Conveyance by Mortgagee in Fee, under Power of Variations where the Conveyance to the Purchaser is Other Variations as in Margin below (2). Mortgagee may sell. Trustee. Mortgagor joining. Uses to bar dower. Moiety. Reversion. Equity of re demption. Copy holds. THIS INDENTURE made the in the day of &c. and in the year of (1) It was long doubted whether a mortgagee could sell and make a title to the premises mortgaged to him by virtue of a power given to him for that purpose, without the concurrence of the mortgagor; see 3 Elem. Conv. 2d ed. 306, 309; but it is now settled that he may, Clay v. Sharpe, 18 Ves. 343, n. Corder v. Morgan, ib. 344. (2) If the mortgage conveyance was to a trustee for the mortgagor, make him a party of the first part. If the mortgagor joins in the conveyance it will assume the form of a conveyance from a mortgagor and mortgagee, as ante, No. XXXVI. If the conveyance is taken to the purchaser to uses to bar dower, make a trustee party for that purpose of the second part. 66 Being a trustee named and appointed by and on behalf of the said (purchaser) for the purposes hereinafter mentioned, of the part." If the mortgage was of a moiety or other undivided part only, see Vol. I. No. XXVI. If of a reversion or remainder, see ib. No. XXIV. If of an equity of redemption, see ib. No. XXV. If the premises are copyhold, see Vol. I. No. XVIII. |