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and set forth in the above-written [or " undermentioned”] schedule, which I undertake to deliver up safe, (inevitable accidents excepted,) upon payment of the sum of, &c., this day lent and advanced by me to him on mortgage of a messuage, lands, and premises, situate, &c., the property of the said A. B. As witness my hand, the day and year aforesaid.
Receipt by mortgagee, indorsed.
I do hereby acknowledge to have this day received from the within-named (mortgagor) the sum of, &c., being in full for the principal moneys and interest due to me on the within-mentioned mort. gage. As witness my hand, this day, &c.
Receipt for interest money.
Received, this day of, &c., of and from A. B., of, &c., the sum of, &c., for one-half year's interest, al due to me on the day of, &c., last, upon the principal sum of, &c., secured to me on mortgage of th premises at, &c., in the county of, &c.
Receipt for annuity.
Received, this day of, &c., of and from A. B, A of, &c., the sum of, &c., being one-half year's an- sin nuity, payable by him to me during the life of, &c, 21 and secured by an indenture, dated, &c.
Receipt for rent.*
Received, this day of, &c., from, &c., [or say, if paid by a third person, “ by the payment of, &c.,"] , the sum of, &c., for half a year's rent due to me on its Michaelmas-day last, for a dwelling-house and pre-ki mises situate, &c., and rented by himn of me.
* The last receipt will be considered as presumptive evi- ren dence that all previous payments have been duly made; (sce ) 3 Chit. Comm. Law, 134.)
This indenture, made, &c., between the mortgagee,) From morte of, &c., of the one part, and (the mortgagor,) of, &c., gagee to of the other part. [* Recite the mortgage, and that Recital of the said sum of, 8c., was not paid to the mortgagee mortgage, on the day in the said proviso appointed for pay, and that de
fault was ment thereof.] And whereas there is now due and made. owing upon the said in part recited security the said principal sum of L. , together with the sum of L. for interest thereon, up to the day of the date of these presents, making together the sum of L. [if the money has been previously paid, say, “and whereas the said sum of, &c., and all interest due in respect thereof, have been lately fully paid and satisfied, as he, the said (mortgagee,) doth hereby acknowledge, but no re-conveyance hath yet been executed by the said (mortgagee) of the said premises."] And whereas the said (mortgagor) is now desirous of paying off the said principal sum of L. , &c., so secured by the said in part recited indenture, and of having such re-conveyance made to him of the said premises as hereinafter contained : Now, this indenture witnesseth, that, in consideration Operative of the said sum of, &c., by (mortgagor) to (mort- part.
s As to recitals, see ante, pp. 11 and 16.
gagee,) &c., the receipt, &c., [or, if the money has been previously paid, say, “ for and in consideration of the said sum of, &c., and all interest due in respect thereof, having been so fully paid and satisfied as hereinbefore mentioned, the payment whereof, &c. ;] and that the same [was and] is in full payment and satisfaction of all principal, interest, and other moneys due upon or in respect of the said in part recited security, the said (mortgagee) doth here. by acknowledge, and of and from the same, &c., doth acquit, release, and discharge the said (mortgagor,) his heirs, executors, administrators, and assigns, and every of them for ever, by these presents; he, the said (mortgagee,) hath, &c., and by these presents doth bargain, sell, release, and quit claim unto the said (mortgagor,) (in his actual possession, &c.) and to his heirs and assigns, all, &c., (take the description from the mortgage-deed,] and the reversion, &c., and all the estate, &c. To have and to hold the said, &c., hereby released and conveyed, or intended so to be, with their and every of their appartenances, unto and to the use of the said (mortgagor,) his heirs, and assigns for ever, (freed and absolutely discharged of and from the said sum of, &c., and all interest and other moneys whatsoever due in respect thereof, and all claims and demands of or by the said (mortgagee,) his heirs, executors, administrators, or assigns, concerning the same respectively, or otherwise, by reason of the said in part recited mortgage.) [Add a cove. nant from the mortgagee that he hath done no act to incumber. If the mortgagor was married before 1834, the habendum should be to the uses for preventing dower, for which purpose a trustee must be made a party to the deed, following the mortgagor. If the purchaser was married after the first January 1834, add the declaration as in p. 52.] In witness, &c.t
Re-conveyance of an
t If the re-conveyance be of an outstanding legal freehold estate, the parties thereto will be the person having the legal
This indenture, made, &c., between A. B., of, &c., Re-convey. eldest son and heir-at-law of C. D., (the mortgagee,) ance from the late of, &c., deceased, of the first part ; E. F., of, &c., of the mort. and G. H., of, &c., the executors of the last will and gagee. testament of the said C. D., deceased, of the second part ; and (the mortgagor,) of, &c., of the third part; [recite the mortgage and default in payment ;] and whereas the said Č. D., having first duly made and published his last will and testament in writing, bearing date, &c., and thereby appointed the said E. F. and G. H. executors thereof, departed this life on or about the day of leaving the said A. B., his eldest son and heir-at-law, him surviving; and the said will was shortly afterwards duly proved by the said E. F. and G. H. in the Prerogative Court of Canterbury, [then recite the amount due, and agreement for re-conveyance, as in last precedent.] Now, this indenture witnesseth, that, in pursuance of the said recited agreement, and in consideration of the sum of L. , of, &c., by the said [mortgagor, ] in hand at, or immediately before the execution of these presents to the said E. F. and G. H., as such
estate, or his heir, or devisees in trust, of the one part; and outstanding the owner of the inheritance, of the other part. After recit. legal freehold. ing the deed or will whereby the estate became vested in the re-conveying party, and the several subsequent conveyances, &c., (or, if numerous, say, “ by divers,” &c., as in p. 32,) whereby the present owner became beneficially entitled, and that the said, &c., at the request of the said owner, consented to re-convey the legal estate so vested in him as aforesaid, of and in the said hereditaments, in manner hereinafter mentioned, the indenture will then witness, that, in pursu. ance of the said agreement, and in consideration of 5s. to (the party re-conveying,) he will, at the request, & c., (according to his estate and interest in the premises,) bargain, sell, and release unto (the owner) in his actual possession, &c., and to his heirs and assigns, all, &c.; to hold in fee-simple, (or to the uses and trusts of the deed or will by which the owner is entitled to the premises ) Add a covenant by the re-conveying party that he has done no act to incumber.
executors as aforesaid, well and truly paid, the re-
cumber, p. 89.] In witness, &c. Re-convey. This indenture, made, &c., between A. B., of, ance from the &c., the eldest son and heir-at-law of C. D., (the heir-at law
utor mortgagee,) late of, &c., deceased, of the one part; of the mort- and E. F., of, &c., and G. H.,, of, &C., the devisees gagee to devi- in trust for sale, and executors named in the last for sale of the will and testament of (mortgagor,) late of, &c., demortgagor. ceased, of the other part. [Recite the mortgage, the
will, and death of the mortgagee, and the probate of his will ; and recite the will and death of the mortgagor, and the proving his will.] And whereas the said (trustees] have this day, out of the moneys which have come to their hands on account of the estate and effects of the said (mortgagor) deceased, paid to the said A. B. the said sum of, &c., with all interest due in respect thereof up to the day of the date of these presents, which the said A. B. doth hereby confess and acknowledge; and whereas the said (trustees,) in pursuance of the trusts reposed in
sees in trust
To whom the " On the death of the mortgagee, the mortgage-money money be. belongs to the executors, and the heir-at-law is considered longs.
as a trustee only for the executors, and is bound to convey to them, or to such persons as they shall direct. (Barn. 50; Fisk v. Fisk, Prec. Ch. 11;) Thornborough v. Baker, 3 Swanst. 628; Tabor v. Tabor, Ib. 636.