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conveying the lands of C. D. to A. B., as in the preceding manner from A. B. to C. D.; and with the same covenants and proviso, reversing only the names.] In witness, &c.

CONVEYANCE BY MORTGAGOR AND MORTGAGEE.

This indenture, made, &c., between (the mortgagee) of the first part, (the mortgagor) of the second part, (the purchaser) of the third part, and (the trustee) of the fourth part. [Recite the mortgage, the contract for the sale of the equity of redemption, the amount due on the mortgage, and the contract for redemption.] Now, this indenture witnesseth, that, in consideration of the sum of, &c., by the said (purchaser) paid to the said (mortgagee,) the receipt, &c.; and also in consideration of the sum of, &con by the said (purchaser) paid to the said (veador,) the receipt, &c., be, the said (mortgagor,) hath bar. gained, sold, and released, and, &c., and the said (vendor) hath granted, bargained, sold, aliened, released, and confirmed, and, &c., unto the said (purchaser,) in his actual possession, &c.,) and to his heirs, all, &c., radd the general words.) To have and to hold, &c. [Add a covenant from the mortgagee that he has done no act to incumber, and the usual covenants for title by the vendor.]"

" Where part of the estate is sold, and the considerationmoney is paid to the mortgagee in part discharge, the recital may be, that "it has been agreed between the parties, that the purchase-money for the said premises so contracted to be sold, shall be paid to and received by the said mortgagee in reduction and part payment of the principal and interest moneys due and owing to him on his said security." In this case, the consideration to the vendor will be nominal.

* It will be advisable for the purchaser to require attested copies of the deeds, and a memorandum should be indorsed on the mortgage-deed, stating the premises sold, and the amount of the consideration-money. And add a covenant

CONVEYANCE BY TRUSTEES FOR SALE.

deed of

This indenture, made, &c., between (the trustees) Conveyance of the first part, (the owner) of the second part, and from trus

G tees. under (the purchaser) of the third part. [Recite the deed ad of trust for sale, with the clause that the trustees' trust, in receipts shall be discharges, &c.; and recite the sale which the

owner joins. by public auction; or if by private contract, say, “and whereas the said trustees, in pursuance of the trusts reposed in them as aforesaid, with the consent and approbation of the said (owner,) testified, &c., have contracted, &c., (see p. 19.)] Now, this indenture Testatum. witnesseth, that, in pursuance of the said agreement, and in consideration of, &c., to (trustees) upon or before, &c., at the request and by the direction of the said (owner, testified as aforesaid, “ to be by them applied and disposed of, pursuant to and according to the trusts and directions of the said indenture of,” &c.,) the receipt, &c., and in consideration of 5s. to (owner,) the receipt, &c., they, the said (trustees,) at the request and by the direction of the said (owner,) testified as aforesaid, have, and each of them hath, bargained, sold, and released, and by these presents, &c.; and the said (owner) hath granted, bargained, sold, released, and confirmed, and, &c., unto the said (purchaser,) (in his actual posses

by the mortgagee for the production of the deeds during so long a time as the same shall remain in his possession, and a covenant by the vendor for their production afterwards.

* In conveyances from trustees for sale, the deed creating the trusts should be recited fully, particularly as to the power of sale, and the proviso that the receipts of the trustees shall be discharges to the purchasers; the trusts of the money arising from such sale need not be set forth, but may be referred to thus: “In trust to apply the money arising from such sale in the manner and for the purposes in the said recited indenture contained.”

Habendum,

Covenants.

sion, &c.,) and to his heirs and assigns, all, &c., and the reversion, &c., and all the estate, &c. Habendum, (see p. 45.) [Add a corenant from the trustees, that they have done no act to incumber ; and from the owner, that notwithstanding, &e., they, the said, &c., are, or one of them is, lawfully seised; have good right to convey ; free from incumbrances; and for further assurance.] In witness, &c.

CONVEYANCE FROM DEVISEES IN TRUST AND

HEIR-AT-LAW.

Recitals.

This indenture, made, &c., between A. B., &c., and C. D., of, &c., (devisees in trust named in the last will and testament of E. F., late of, &c., deceased, of the first part, G. H., of, &c., eldest son and beirat-law of the said E. F., of the second part, and (purchaser) of the third part. [Recite the devise, with the power of sale, and that the receipts of trustees shall be discharges, &c.; and recite the death of the testator without revoking his will, leaving the said G.H., his eldest son, and heir-at-law; and recite the sale by auction or private contract, (see p. 19;) and recite, “ that the said G. H. hath, at the request of the said (trustees,) and for the satisfaction of the said (purchaser,) agreed to join in these presents, and the conveyance and assurance intended to be hereby made, as hereinafter mentioned.”] Now, this indenture -witnesseth, that, in pursuance, &c., and in consideration of L. (purchase-money) to the said (trustees,) at or before, &c., (to be by them applied and disposed of pursuant to and according to the trusts and directions of the said will of the said E. F.) the receipt, &c., and 5s. to heir-at-law, the receipt, &c., they, the said (trustees and heir-at-law,) have, and every of them hath, bargained, sold, and released, and by these presents do, &c., unto the said (purchaser,) (in his actual possession, &c.,) and to his heirs and assigns, all, &c., and the reversion, &c., and all the

Testatum.

estate, &c. Habendum. [Add a covenant from the Habendum. trustees that they have not incumbered.]' In witness, &c.

CONVEYANCE FROM A TENANT FOR LIFE AND

REMAINDER-MAN,

This indenture, made between A. B., of, &c., (the tenant for life,) and C. D., of, &c., eldest son and heir-apparent of the said A. B., of the one part; and (purchaser,) of, &c., of the other part. [Recite the Recitals. instrument creating the estates, and the contract by the purchaser with the tenant for life and remainderman for the purchase of the fee-simple.] Now, this Testatum. indenture witnesseth, that, in pursuance, &c., and in consideration of, &c., to (tenant for life, (“ part of the said purchase-money or sum of L.

by,

* The covenant from the trustees that they have done no Where the act to incumber is all that can be expected from them ; but parties enif the persons entitled to the purchase-money join in the con- titled to the veyance, (which is mostly the case where the clause that the purchase

money are trustees' receipts shall be discharges has been omitted in the made

made parties. instrument creating the trusts, they will be expected to covenant for the title. If they are made parties, the release will be made between the trustees of the first part, the persons entitled to receive the purchase-money of the second part, and the purchaser of the third part. After reciting the will or instrument, with the power of sale, &c., and particularly showing the nature of the interests of such persons so entitled under the trusts of the same; and that the said trustees, at the request and by the direction of the said per. sons of the second part, signified by their being parties, have contracted for the sale, &c. ; the trustees will then, in the operative part of the deed, at the request and by the direction of the parties of the second part, testified, &c., bargain, sell, and release; and the said parties of the second part will grant, bargain, sell, release, and confirm unto, &c.; and after the covenant by the trustees that they have not incum. bered, the parties of the second part will enter into the usual covenants for the title,

&c., and in consideration of, &c., of like money, to the said (remainder-man,) in like manner paid by the said (purchaser,) the receipt of which said two several sums of, &c., making together the sum of, &c., they, the said A. B. and C. D., do hereby respectively acknowledge, and do admit, &c., to be in full, &c., they, the said A. B. and C. D., have, and each of them hath, &c., and, by these presents, do, and each of them doth, grant, bargain, sell, release, and confirm unto the said (purchaser,) (in his actual possession, &c.,) and to his heirs and assigns, all, &C., and the reversion, &c., and all the estate, &c. Habendum, add the usual covenants for title by the tenant for life and remainder-man, (see ante, p. 84.)

In witness, &c.

Habendum.
Covenants.

RELEASE FROM A REMAINDER-MAN TO THE TENANT

FOR LIFE.

Testatum.

This indenture, made, &c., between A. B., of, &c., (the remainder-man,) of the one part ; and C. D., of, &c., (the tenant for life,) of the other part. [Recite the deed or will creating the estates, and recite the contract for the sale of the remainder in fee-simple of the said remainder-man in the said hereditaments immediately expectant on the estate for life of the said releasee in and to the said messuage, &c.] Now, this indenture witnesseth, that, in pursuance, &c., and in consideration of L.

,by, &c., to, &c., the receipt, &c., he, the said (remainder-man,) hath bargained, sold, released, and confirmed, and, &c., unto the said (tenant for life,) his heirs and assigns,' all, &c., and all the estate, and all deeds, &c. To have and to hold the said, &c. unto the said (tenant for life, his heirs and assigns. [Add covenants from the said A.B., that notwithstanding, 8c., he is "seised

Habendum.

Covenants.

.: The releasee being already in possession, a lease for a year is not required

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