other the goods, chattels, and effects mentioned and described in or by the inventory or schedule thereof hereunder written, [or hereunto annexed,] to hold the same personal estate and effects unto the said C. D., his executors, administrators, and assigns, for his and their use and benefit." [Add a warranty, and indorse a memorandum of the possession of the goods being delivered, as in Bill of Sale, p. 317, n.]

GRANT OF A REVERSION OR REMAINder.

This indenture, made, &c., between (the vendor) of Parties. the one part, and (the purchaser) of the other part, [recites a settlement whereby the hereditaments were li- Recital. mited to A. B., during his life, with remainder to trustees for a term of years, to raise portions for the younger children of the marriage, with remainder to the first and other sons of the marriage in tail, with remainder to the use of the (vendor) in fee.] And whereas there is at present no issue of the marriage, nor is there any prospect of the said (vendor) having any children by his said wife. [Then recite the contract for the purchase of the reversion or remainder of him, the said (vendor,) expectant as aforesaid, at or for, &c.] Now, this indenture witnesseth, that, in pursuance of the said agreement, and in consideration of, &c., the receipt, &c., he, the said' (vendor,)

A reversion is a future estate, which the grantor or testator limits to himself or his heirs, or which, being undisposed of, results to him by operation of law. The proper

mode of passing a reversion or remainder is by grant; but a lease and release is the more common and preferable assurance, as it renders unnecessary any proof of the existence of the prior estate at its execution. (2 Prest. 83, 84, 85.)

If the grant be of tithes, say: "He, the said (vendor,) doth by these presents grant, bargain, and sell, release, ratify, and confirm. unto the said (purchaser,) his heirs and assigns, all those the tithes or tenths of corn and grain, and also all other the tithes and tenths, of what nature or kind

hath, &c., and by these presents doth grant, bargain, sell, release, and confirm unto the said (purchaser,) his heirs and assigns, all that the reversion or remainder of him, the said (vendor,) expectant upon, and to take effect in possession, immediately from and after the decease, or other sooner determination of the estate, for life of the said, &c.; and on failure of the issue of the body of the said, &c., as aforesaid, of and in all, &c., and all the estate, &c. Habendum, (see p. 45.) [Add covenants that vendor is seised of, or entitled to the reversion, &c.; that he hath good right to grant; free from incumbrances; and for further assurance, p. 85.]

In witness, &c.1

When the

the conver

GRANT OF A PEW.

This indenture, made, &c., between (vendor) of the one part, and (purchaser) of the other part.

soever, of him, the said (vendor,) yearly or otherwise coming, growing, renewing, increasing, or arising from, by, and out of all that, &c., situate, &c., containing by admeasurement, &c., (be the same more or less,) and now or late in the occupation of, &c. ; together with all and singular profits, portions, oblations, obventions, advantages, and appurtenances whatsoever to the said tithes, &c., and the reversion," &c.

If the conveyance be by way of lease and release, say: conveyance of "Which said remainder or reversion, expectant as aforesaid, of and in the said hereditaments, is now legally and fully vested in the said (purchaser) by virtue of a bargain and sale," &c.

sion is by

lease and release.

1 A contingent remainder cannot be transferred at law, except by devise, but in equity it may be, and when the estate comes into possession, a conveyance of the legal estate must be made. A purchaser for a valuable consideration has a right to call for a conveyance of the legal estate when it becomes vested, or a release of it so far as the vendor can make such release with effect. (See 2 Prest. on Abst. 97.)

[Recite the contract for the purchase.] Now, Parties. this indenture witnesseth, that, in pursuance of witnessing the said agreement, and in consideration of the sum part. of, &c., by, &c., to the said, &c., the receipt, &c., he, the said (vendor,) hath granted, bargained, and sold, Grant. and by these presents doth grant, bargain, and sell, unto the said (purchaser) and his heirs, all that seat or pew, being No. 15, situate at the top of the east aisle of the parish church of Saint George in W., in the county of S., late the property, and in the possession of, &c., and his family;" and all the estate, right, title, interest, property, claim, and demand whatsoever of him, the said (vendor,) of, in, and to the same; to have and to hold the said seat or pew Habendum. above-mentioned, and hereby granted, or intended so to be, with the appurtenances, unto the said (purchaser) and his heirs, to be used and enjoyed with the messuage or dwelling-house of him, the said (purchaser,) situate in a certain street there, called the R. street, in S. aforesaid, within the said parish of St G.o

[Add covenants from the vendor, that he Covenants.

liament.

"If the seat was allotted by virtue of an act of Parlia- When allotted ment, the same may be recited: "Whereas, by an act, &c., by act of parentitled, &c., it was enacted that the trustees therein nominated, or such person or persons, &c., after allotting such public seats or galleries as therein directed should allot unto the several persons, &c.; and whereas the seat or pew situate on the east side of the said church, being No. 15, was, conformably to the said act, allotted to the said," &c.

" If the act be not recited, the same may be referred to thus: "And which said seat or pew was allotted unto, &c., by the commissioners acting under and by virtue of an act of Parliament made and passed in, &c., entitled," &c. But if the act has been recited, add after the description, "and allotted as aforesaid."

• If allotted or sold under a special act, it will not be necessary to add the above words of annexation of the pew to the house; but in the absence of such local act, there can be no seisin of a pew unless the same be annexed to a house, and then seisin of the house would be seisin of the pew, as seisin of the principal that of the accessary; therefore the

Parties.

Testatum.

Prescriptive right.

be

hath good right to grant, for quiet enjoyment, free from incumbrances, and for further assurance. And add a covenant from the purchaser to well and truly pay all dues, rates, and contributions which may hereafter lawfully made in respect of the said pew; and to do and perform all needful repairs at his own costs and charges, and wholly indemnify the said vendor therefrom.] In witness, &c.

BARGAIN AND SALE (enrolled.)

part.

This indenture, made, &c., between (the vendor) of the one part, and (the purchaser) of the other [Recite the seisin of the vendor, and the contract for sale.] Now, this indenture witnesseth, that, &c., he, the said (vendor,) hath granted," bargained, and sold,

seat or pew does not belong to the person, but to the house, inasmuch as in an action on the case for disturbance of the pew, it must be laid in the declaration as appurtenant to a messuage in the parish; as a bare possession is not sufficient to maintain the action, but the plaintiff must prove a prescriptive right or faculty. (Stocks v. Booth, 1 T. R. 428; Griffin v. Matthews, 5 T. R. 296; and see Mainwaring v. Giles, 5 B. and Al. 356; Clifford v. Wicks, 1 B. and Ald. 493.)

A prescriptive right (which presumes a faculty) must be shown by an uniform and exclusive possession of the owners or inhabitants of a particular messuage, and that the same has been repaired by them; and to exclude against the ordinary, such occupation must have been from time immemorial, (1 T. R. 428; 1 Phil. R. 325;) but against a wrong-doer, an uninterrupted possession for twenty years affords presumptive evidence of a legal title. (Darwin v. Upton, 2 Wms. Saund. 175, c.)

When a pew is appurtenant to a messuage, it may descend with the inheritance by immemorial custom, (3 Inst. 202; 12 Rep. 105;) and in such case it cannot be severed from the occupation of the house, and, therefore, it is conceived, the same cannot be sold or let without a special act of Parliament, (1 Hagg. Eccl. R. 29-34.)

? When trustees join in a deed of this description, restrain

and by these presents doth, &c., unto the said (purchaser,) his heirs and assigns, all, &c., and the reversion, &c. Habendum in fee. [The usual covenants for title are generally added, but the words "grant, bargain, and sell,” imply that the bargainor is seised, and that the premises are free from incumbrances, rents and services due to the lord of the fee only excepted.] In witness, &c."

AN EXCHANGE.'

This indenture, made, &c., [recite the title of both Parties. the parties exchanging.] And whereas the said Recital. A. B. and C. D. have mutually agreed to exchange their said several pieces or parcels of land for the land of each other, and the same exchange, intended to be effected by these presents, shall be made in manner hereinafter mentioned. Now, this indenture Operative witnesseth, [if the exchange is to be effected by two part. deeds, say, "that, in pursuance and part performance of the said agreement, by and on the part of the said A. B., and for and in consideration of the conveyance of the lands and hereditaments intended to be

ing words should be added, such as, "So far as they lawfully can or may, and not by way of covenant or warranty."

The use cannot be limited in this deed to any but the bargainee, but it may be made subject to trusts.

This must be on parchment, and enrolled within six lunar months, according to the stat. 27 H. 8, c. 16; and by 10 Ann. c. 18, s. 3, an examined copy of the enrolment, proved on oath, is made evidence. The statute of Henry does not extend to bargains and sales for terms of years. As to the operation of a bargain and sale, and of the inrolment thereof, (see Bac. Abr. Bargain and Sale, K. to N.; Inrolment, E.; Com. Dig. Bargain and Sale, B. 7.)

Properly speaking, there can be but two parties, (see 2 Wills, 240;) the meaning of which is, that there can only be two exchanging parties, and only two separate estates conveyed in exchange; it is immaterial how many consenting parties are added.