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Free from incumbrances.
PURCHASES. hereafter having or rightfully claiming from,
through, under, or in trust for him, them, or any Plantations.
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, de. mises, leases, contracts, devises, wills, convey. ances, 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
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 In- Furtuier WIT. DENTURE FURTHER WITNESSETH, that to the intent attorney to
register the that these presents may be duly registered (2), deed. 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
(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 seve
rally for him the said (purchaser) in his name, and at his costs and expense to appear before the registrar of deeds of the said island for the time being, or his lawful deputy, or other person or persons competent for that purpose, and acknowledge the present indenture (1) as and for the act and deed of the said (purchaser) and his name and seal hereunto subscribed and affixed to be the proper hand-writing and seal of him the said (purchaser); and further for him the said (purchaser) in his name and at his costs and expense to do, perform, and perfect all other acts, deeds, matters, and things whatsoever, which they the said A. B. and C. D. or either of them shall deem requisite or expedient in order to the registering, enrolling and recording these presents (2) in the register, or other proper office or offices in the said island of
, or otherwise rendering the same valid and effectual, according to the laws and customs of the said island for the time being. IN WITNESS, &c.
*** If the wife of the grantor have any interest in the preinises, 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,
“ And the bargain and sale for a year accompanying the same."
(2) If the conveyance be by lease and release, add as above.
“ Be it remembered that on the
the PURCHASES. within named A., the wife of the within named B., one of
Plantations. 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.”
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 ecrolment, 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- Vendur 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.
Conveyance by Mortgagee in Fee, under Power of
Sale (1) contained in the Mortgage Deed.
Variations where the Conveyance to the Purchaser is
to Uses to bar Dower.
HIS INDENTURE made the
day of in the
&c. and in the year of
Mortgagee may sell.
Uses to bar dower.
(1) It was long doubted whether a mortgagec 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.
Being a trustee named and appointed by and on behalf of the said (purchaser) for the purposes hereinafter mentioned, of the
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.
Reversion. Equity of redemption. Copyholds.