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Purchases. said (purchaser) at or immediately before the
sealing and delivery of these presents (1), the re
Sale by public auction.
stated to be paid to both of them, and the receipt and discharge correspond, but this is not material.
(1) This recital corresponds with the supposition, that the estate was sold by private contract; but if it were sold by public auction, say,
" AND WHEREAS, the said messuages, lands, and hereditaments, were put up to sale by public auction, on the day of
last past, at which sale the said (purchaser) became, and was declared to be the highest bidder for, and the purchaser of the same (being lot No. in the printed particulars of sale thereof), at the sum of f
and thereupon paid into the hands of the auctioneer the sum of £ , by way of deposit, and in part of the said purchase money, conformably to certain printed conditions of sale there exhibited. And WHEREAS, the said (purchaser) is now desirous of completing his said purchase, and of having the said lands and hereditaments conveyed to him, in the manner hereinafter expressed. Now this IxDENTURE WITNESSETH, that in pursuance and completion of the said purchase, and in consideration of the sum of
, so paid by the said (purchaser), into the hands of the auctioneer, at the time of the said sale, by way of deposit and in part of the said purchase money as aforesaid, and of the further sum of £ of lawful money of that part of the united kingdom of Great Britain and Ireland, called England, being the residue and in full of the said purchase money, to the said (vendor) in hand well and truly paid by the said (purchaser), at or immediately before the sealing and delivery of these presents, the payment of which said sum of £
by way of deposit, and the receipt of which said sum of £ , being the residue of the said purchase money, making together the sum of £
, and being in full for the absolute purchase,” &c. as above.
ceipt whereof, (and (1) that the same is in full for PURCHASES. the absolute purchase of the inheritance in feesimple, in possession of the messuages, lands, and
Wife. hereditaments hereinafter described], the said (vendor) doth hereby expressly acknowledge, Cand of and from the same, and every part thereof, doth fully and absolutely acquit, release, exonerate, and for ever discharge the said (purchaser) his heirs, executors, administrators, and assigns, and also the said messuages, lands, and hereditaments, by these presents]. They the said
(w) (vendor) and his wife, (2), Have, and each The vendor
grants and releases the land, &c.
If the sale was by order of the Court of Chancery or Ex- Order of court. chequer, see Vol. I. p. 188, (A).
If part of the consideration money is to be retained by the Purchase purchaser, see ib. p. 165, n. (7), 170 in notes.
(1) Whatever is inserted within brackets may be omitted Conciseuess. where brevity is particularly desired, (as not being essential to the efficacy of the deed); but any attempt at more than ordinary brevity, unless by a very skilful draftsman, is not to be recommended, and see ante, Vol. I. p. 160, n. (1).
(2) As a married woman cannot pass any estate by common Wife granting. law conveyance, but only by fine, there appears to be some degree of technical impropriety in making her join with her husband in the granting words of the deed; but as this form has universaliy prevailed, and is perfectly harmless, I have re- tained it.
If the purchase be made by an agent on the part of the pur- Sub-purchase. chaser, or the purchaser huy of a person who had previously . bought but not taken a conveyance, add,
“With the privity and at and by the request and direction of the said (agent) or (former purchaser), testified by his being a party to and sealing and delivering these presents, Hath bargained, sold, aliened, and released, and by these presents Doru bargain, sell, alien, and release, and the said
PURCHASES. of them hath granted, bargained, sold, aliened,
and released, and by these presents Do, and each of them Doth grant, bargain, sell, alien, release, and confirm (1) unto the said (purchaser) and his heirs, ALL, &c. (2) or howsoever otherwise the said
Uses to bar dower.
Term to merge, short form.
(agent or former purchaser) Hath bargained, sold, aliened, released, ratified, and confirmed, and by these presents Doth bargain, sell, alien, release, ratify, and confirm unto the said (purchaser),” &c. as above.
When the estate is limited to uses to bar dower, through the medium of a trustee, it is usual to add,
“ And also for and in consideration of the further sum of 58. of like lawful and current money to the said (vendor) at the same time paid by the said (trustee), the receipt whereof is also hereby acknowledged.”
But this is unnecessary.
(1) If the term is intended to be merged, it may be surrendered by a separate witnessing part at the end of the deed, as post rider B, p. 37; but if it be wished that the deed should be as short as possible, add,
“ And the said (termor) with and by the privity and direction of the said (vendor), testified by his signing and sealing these presents, Hath bargained, sold, assigned, surrendered, and yielded up, and by these presents doth bargain, sell, assign, surrender, and yield up unto," &c. as above.
Which mode will have the same effect as the other for merging the term, and see Vol. I. p. 401.
(2) Care should be taken to describe the parcels accurately, and the names of the inclosures and the quantities they contain should in general be inserted, as,
“All that messuage or tenement situated in the township or parish of, &c. in the said county of, &c. with the barns, &c. to the same adjoining and belonging, and now in the occupation of, &c. as tenant thereof to or under the suid (vendor),
messuages, lands, tenements, and hereditaments, PURCHASES. or any part thereof, now are, or is, or heretofore were or was situated, tenanted, called, known, or
Wife. described, and also all other the messuages, lands, tenements, and hereditaments, (if any) comprised in the indenture of bargain and sale for a year, hereinafter referred to: TOGETHER General with all [houses (1), out-houses, buildings, barns, appurtenances.
or as the case may be. And also all those several closes and parcels of ground situate in the said parish of, &c. to the said messuage, &c. belonging, or therewith occupied or enjoyed, and commonly called or known by the several names, and containing by estimation the respective quantities hereinafter mentioned, (that is to say) East Field, containing, &c. &c. &c. all which said several closes or parcels of ground are now also in the occupation of the said as tenant to or under the said together with all and singular houses, &c. &c.”
If the boundaries can be added, it is advisable to insert them, making use of the names of the owners of the adjoining lands, rather than the occupiers, but the names of both may be useful ; and if any inclosure has been divided into two or more, it should be noticed. Too little attention is in general paid to the description of the parcels, and antiquated descriptions, wholly inapplicable to the estate at the time of the conveyance, are frequently continued, when a new description ought to be introduced; but if the parties will not agree to convey by an entire new description, from an apprehension that they may pass too much, it may be qualified and restrained by some such words as the following:
“ All which said premises were formerly known and conveyed by the following description,” (i. e.) then insert the ancient description.
(1) Adapt the general words to the different kinds of pro- General words. perty-and see Vol. I, No. XV. p. 163, n. (20), and INDEX voce GENERAL WORDS.
PURCHASES. stables, coach-houses, dove-houses, yards, cellars, Vender and vaults, areas, ancient and other lights, ways, paths, Wife.
passages, gardens, orchards, ponds, waters, lands 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, appendants and appurtenances whatsoever to the said messuages, lands, tenements, hereditaments, and premises, or any part thereof belonging, (or in anywise 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, &c. (1) (All which said messuages, lands, the bargain and sale for a year. tenements, and hereditaments, are now in the
possession of, or legally vested in, the said (purchaser) by virtue of a bargain and sale for a year
to him thereof made by the said (vendor) and (w) his wife, for five shillings consideration, by an in
denture bearing date on the day next before the day of the date of these presents (2), and by the
If the premises were sold with others in lots, an addition to the following description of them is often made,
Being the messuages, &c. described or distinguished as lot No. in the printed particulars of sale hereinbefore referred to or mentioned."
But this is not material.
(1) Insert here any exception of a right of way, or the like, which there may be; as to exceptions in deeds, see 4 Elem, Conv. 2d ed. 108.
(2) See the form of this bargain and sale, Vol. I. No, XVI, p. 110. and No. XIV. p. 117.
Lease for year.