When an estate is sold for the payment of the debts or legacies of the deceased owner, the question, as to whether the heirs or devisees are to covenant against the acts of their ancestor or devisor, as well as against their own, depends upon the circumstance of there being any considerable balance payable to them after satisfaction of the purposes for which the sale took place. A nominal balance, of course, would not render them liable to the more extended covenant, but what proportion would subject them to that liability does not appear to have been yet decided, and each case must therefore depend upon its own cir

cumstances.

Purchasers of property subject to any charges must indemnify the vendor from all future liability in respect thereof, and enter into a covenant for that purpose. Thus, the purchaser of an equity of redemption must indemnify the vendor, whether the original mortgagor or his assignee, from the mortgage debt; and the assignee of a lease must also indemnify his assignor against the rents and covenants reserved in the lease," except in the single case of an assignment by assignees of a bankrupt, to whom such indemnity would be useless. The vendors of other interests, as estates for life, a term, or for copyhold interests, must covenant that they are seised or possessed of the interest they convey-(a covenant that the lease is valid and subsisting, and that the rents, covenants, &c. have been paid and observed up to the date of assignment, being substituted for this covenant in the assignment of leaseholds)—and enter into other covenants, analogous to those required in conveyances of estates in fee.

In practice, however, the first mentioned covenant is, in small purchases, very often dispensed with,

"Woods v. Huntingford, 3 Ves. 131; Earl of Oxford v. Lady Rodney, 14 Ves. 417.

Staines v. Morris, 1 Ves. and Bea. 8; Wilkins v. Fry, 1 Meriv. 265.

• Wilkins v. Fry.

the lawful seisen or possession being necessarily involved in the covenant, that the vendor has good right to convey, which, of course, he could not have without being entitled to the estate conveyed. It need scarcely be observed, that the right to these covenants may be affected by the agreement of the parties, and by the circumstances under which the sale took place; as, for instance, if a purchase was made at an under price in consequence of any defect in the title, the vendor would not be compellable to covenant against such defect."

It should be noticed, that these observations, and the cases upon which they are supported, do not relate to the vendors who sustain the character of executors or trustees, they being only compellable to covenant that they themselves have done no act to incumber.

A lessor is not entitled, in the absence of an agreement to that effect, to a covenant from the lessee, not to assign with or without licence."

It has been before mentioned, that, in reconveyances by trustees or mortgagees, they cannot, in strictness, be compelled to pledge themselves to the correctness of any facts recited in the original conveyance to them, by stating them as substantive recitals; and, therefore, if it is wished that they should appear in the reconveyance, they must be set out as recitals within recitals; but where the parties are satisfied of the correctness of the facts, it would be rather a needless particularity to object to their insertion.

P Pickett v. Loggon, 14 Ves. 239.

9 Staines v. Morris, 1 Ves. and Bea. 12.

Henderson v. Hay, 3 Brown, C. C. 632; Church v. Brown, 15 Ves. 258.

CHAPTER II.

FORMS.

PARTIES IN DEEDS.

BETWEEN A. B., of the city of H., &c., gentleman, Common (or of the parish of W., in the county of S., grocer,) form. of the one part; and C. D., of the parish of H., in the county of M., yeoman, of the other part.

A. B., of, &c., esquire, and C. D., of, &c., the Eldest son. eldest son and heir-apparent of the said A. B., [or eldest son and heir of the said A. B. on the body of D., his late wife deceased,] of the first part; E. F., of, &c., merchant, of the second part; and G. H., J. K., and L. M., all of the city of W., gentlemen, of the third part.

A. B., of, &c., and E. his wife, the only daughter Sole daughter and heiress-at-law of L. M., late of, &c., deceased.

and heir.

A. B., of, &c., and C. D., of, &c., joint executors, Joint execunamed and appointed in and by the last will and tors. testament of, &c., deceased.

and adminis

A. B., of, &c., only son and heir-at-law of S. P., Son and heir, of, &c., deceased, of the one part; and J. P., of, tratrix. &c., widow, and administratrix of all and singular the goods, chattels, rights, and credits of the said S. P., deceased, of the second part; and R. S., of, &c., of the third part.

A. B., of, &c., administrator, with the will an- Administranexed, of S. D., late of, &c., deceased.

A. B., of, &c., and C. D., of, &c., the two surviv

ing children of E. M., late of, &c., deceased.

tor with will annexed.

Surviving children.

Wife in exer

cise of a power.

Parties to an

E. F., wife of R. S., of, &c., esquire, heretofore E. L., spinster.

The within named A. B., of the one part; and endorsement. E. F., of, &c., of the other part.

Widow and devisee.

Devisees and

executors.

Rector.

Baronet and wife.

A Lord.

An Earl.

E. F., of, &c., the widow, relict, and devisee named in the last will and testament of L. M., late of, &c., deceased.

A. B., of, &c., and C. D., of, &c., devisees in trust and executors named in the last will and testament of T. I., late of, &c., deceased.

A. B., rector of the rectory and parish church of, &c., [or vicar of, &c.]

Sir A. B., of, &c., baronet, and Dame E., his wife, sole daughter of Sir A. L., of, &c., knight, deceased. The Right Honourable T. Lord A., baron of, &c. The Right Honourable W. H., Earl of D.

Viscount. The Honourable H. V., commonly called Lord Viscount B., the eldest son and heir-apparent of the said W. H., Earl of D., by the Right Honourable Countess of D., his late wife, deceased, before her marriage with him called Lady C. P.

A Duke.

An additional surname by the direction of a will.

The Most Noble H., Duke of N., &c.

C. H. T., of, &c., (lately called C. H., who hath assumed and now uses the additional surname of T.,) and the Hon. H. S., his wife, daughter and only child of the Right Honourable H. L., Lord Viscount T.

Act of parliament.

Action at law.

RECITALS.

WHEREAS, by an act of parliament made and passed in the second year of the reign of her present majesty Queen Victoria, entitled "An act," &c., it was amongst other things enacted that, &c.

WHEREAS an action was commenced in her majesty's court of, [Q. B., (C. P.,) or Exchequer,] at Westminster, by the said A. B., for, &c., [or on, &c.] [If by ejectment, say,] wherein John Doe (on the several demises of A. B. and C. D.) was plain

tiff, and Richard Roe was defendant, for the recovery of, &c., in the county of, &c.

tion.

WHEREAS O. P., late of, &c., deceased, died on Administraor about the 2d day of June last, intestate, leaving the said E. P., his, &c.; and letters of administration of all and singular the goods, chattels, rights, and credits of the said O. P., were on, &c., duly granted to the said, &c., by and out of the ecclesiastical court of, &c.

AND WHEREAS letters, &c., so far as relates to or Limited adconcerns the said term of five hundred years, were ministration. on, &c., duly granted, &c.

And whereas letters of administration, with the Will annexed. will annexed of the said, &c., were on, &c.

WHEREAS, by certain articles of agreement in Agreement. writing, dated [or bearing date] the, &c., and made and entered into by or between, &c.

for purchase.

AND WHEREAS the said A. B. hath contracted and Agreement agreed with the said C. D. for the absolute sale to him of the, &c., hereinafter described," and intended to be hereby released, with the appurtenances and the fee-simple and inheritance thereof in possession, free from incumbrances, (except, &c.,) at or for the price or sum of L. [If the consideration be a rent-charge, say,] In consideration of the annual sum or yearly rent-charge of, &c., secured as hereinafter mentioned. [If a remainder or reversion, say,] Of the remainder or reversion in fee-simple expectant on the decease of, &c., of and in, &c. [If the fixtures be comprised in the sale, say,] And also all and every the fixtures and other things in and about the same messuages, &c., particularised in the inventory hereunder written. [If part of the considerationmoney is intended to be secured by a mortgage, say,] And upon the treaty for the said purchase, it was agreed that the sum of L. part of the said pur

• If leasehold, say, "comprised in the said recited indenture of lease, with the appurtenances for all the residue now to come and unexpired of the said term of ninety-nine years."