estate, title, possession, and further assurance of the
one undivided moiety of him, the said A. B., of and
in the said
and other hereditaments intended

to be hereby released, and not further or otherwise,
and the said C. D. doth hereby, &c., as before.

der-man,

And the said A. B. doth hereby for himself, his Tenant for life heirs, executors, and administrators, and for the estate, and remain. title, possession, and further assurance, during his life only, of the said messuage, lands, and other hereditaments hereinbefore released, or intended so to be. And the said C. D. doth hereby for himself, his heirs, executors, and administrators, and for the estate, title, possession, and further assurance of the same messuage, lands, and other hereditaments in remainder or reversion, in fee-simple, immediately expectant on the decease of the said A. B., grant, &c.

of their wives.

And the said A. B., so far as respects the one un- From persons divided third part, or share of himself, and the said seised in right E., his wife, in her right of or in the messuage, lands, and other hereditaments herein before related, or intended so to be, doth hereby for himself, his heirs, executors, and administrators, and the said C. D., &c., as above.

And each and every of them, the said

From several

covenant

so far only as relates to his own acts and deeds, and persons in a not as to the acts or deeds of the others, or any other against inof them, doth hereby for himself, his heirs, executors, cumbrances. and administrators, covenant and declare with and

to the said

his heirs, executors, administrators,

and assigns, respectively, that they the said

have not, nor hath any of them respectively, &c.

For Title in Purchase Deeds.

AND the said [vendor] for himself, his heirs, exe- That vendor is cutors, and administrators, [if the wife is a party, seised. "for himself and the said E., his wife, his and her heirs, &c.," doth hereby grant, covenant, promise, and agree, to and with the said [purchaser,] his heirs [appointees] and assigns, in manner following: (that

Good right to convey.

is to say,) that for and notwithstanding any act, deed, matter, or thing by him the said [vendor,] (and E. his wife, or either of them,) or, "by the said S. M., deceased," &c. [the covenants should go up to the last purchase-deed,] or any person or persons lawfully claiming by, from, under, or in trust for him [them,] made, done, committed, executed, or suffered, to the contrary, he the said [vendor] now is [or, they the said vendor and E. his wife are, or one of them is] lawfully, rightfully, and absolutely seised of, or well entitled to the messuage, &c., hereby released, or intended so to be, and every part thereof, for an absolute and indefeasible estate of inheritance in fee-simple, [or, for and during the natural life of, &c.; or, if a remainder or reversion, after the word entitled, say, " To the remainder or rever. sion of him the said [vendor,] expectant as aforesaid, of and in, &c. ;" if a moiety or other portion, say, "Of the undivided moiety, half-part, or share, (or undivided third part or share,) of him the said (vendor,) of and in, &c.,"] without any condition, use, trust, power of revocation, or other restraint, cause, matter, or thing whatsoever, to alter, defeat, incumber, revoke, or make void the same.

And that (for and notwithstanding any such act, deed, matter, or thing, as aforesaid) he the said [vendor] now hath in himself [or, they the said (vendor) and E. his wife, now have in themselves, or one of them hath in himself or herself,] good right, full power, and lawful and absolute authority, to grant, release, and convey the said, &c., [see preceding covenant,] with the appurtenances, unto and to the use

These words at the commencement of the covenants for title have been held to qualify them all, without a repetition of them at the commencement of the subsequent usual covenants. (Hesse v. Stevenson, 3 Bos. & P. 574.)

This covenant is seldom inserted in small purchases, the same being comprised in the next covenant, that the vendor has good right to convey.

of the said [purchaser,] his heirs and assigns, [for and during the natural life of, &c.,] in manner aforesaid, and according to the true intent and meaning of these presents. g

h

And also, that it shall and may be lawful for the For quiet ensaid [purchaser,] his heirs and assigns, from time joyment. to time, and at all times hereafter, peaceably and quietly to enter upon, have, hold, occupy, possess, and enjoy the said, &c., [see the first covenant,] hereby released, or intended so to be, with their appurtenances, and to receive and take the rents, issues, and profits thereof, and every part thereof, [for and during the natural life of, &c.,] without any let, suit, trouble, eviction, claim, or demand whatsoever, of or by the said [vendor,] or any person or persons lawfully claiming from, under, or in trust for him [or, them; or, by, from, or under; or, in trust for the said, &c.]

And that free and clear, and freely and clearly Free from inacquitted, exonerated, and for ever discharged or cumbrances.

This covenant may be shortened thus: "He the said [vendor] now hath in himself good right to grant, release, and convey the said hereditaments hereby released, with the appurtenances, unto the said [purchaser,] his heirs and assigns, in manner aforesaid, according to the true intent and meaning of these presents."

Shortened thus: [after the word assigns, say,] “immediately after the execution of these presents, to enter upon and enjoy the said hereditaments hereby released, with the appurtenances, and to receive and take the rents and profits thereof, for his and their own use and benefit, without any interruption whatsoever from or by the said [vendor,] or his heirs, or any person claiming through or in trust for

him."

Shortened thus: "And that free and clear, or otherwise, by the said [vendor,] his heirs, executors, or administrators, well and sufficiently indemnified of, from, and against all estates, titles, troubles, liens, charges, and incumbrances whatsoever, made, done, or permitted by the said [vendor,] or any person claiming through or in trust for him."

And for fur

ther assur

ance.

otherwise, by the said [vendor,] his heirs, executors, and administrators, well and sufficiently saved, kept harmless, and indemnified, of, from, and against all former and other gifts, grants, bargains, sales, jointures, dowers, uses, trusts, entails, wills, statutes, judgments, executions, rents, sums of money, forfeitures, re-entries, and all other estates, titles, troubles, charges, and incumbrances whatsoever, had, made, executed, or suffered by the said [vendor,] [or the said E. his said wife,] or any person or persons lawfully claiming, or to claim, from, under, or in trust for him, her, or them, or any of them respectively.*

And further, that he, the said [vendor,] and his heirs, [or, that they, the said [vendor,] and E. his wife, and their heirs,] and all and every other person and persons whosoever, having or claiming, or who shall or may have or claim, any estate, right, title, or interest, at law or in equity, in, to, or out of the said, &c., [see first covenant,] hereby released, or intended so to be, or any of them, or any part thereof, from, under, or in trust for him, the said [vendor,] [or, from, under, or in trust for the said [vendor,] and E. his wife, or either of them, or the said, &c.,] shall and will, from time to time, and at all time hereafter, upon every reasonable request, and at the proper costs and charges of the said [purchaser,] his heirs, [appointees,] or assigns, make, do, acknowledge, and execute, or cause or procure to be made, done, acknowledged, and executed, all and singular such further and other lawful and reasonable acts, deeds, things, conveyances, and assurances, in the law whatsoever, for the further, better, and more absolutely granting, conveying, and assuring the said, &c., here

k Any charges affecting the premises should be here excepted, as, "other than and except the said mortgage-debt, or sum of L. due to the said on the security of the said indenture of and the term of years thereby created therein as aforesaid."

by released, or intended so to be, and every part thereof, with the appurtenances, unto and to the use of the said purchaser, his heirs and assigns, [or to the uses, upon the trusts, and with the power hereinbefore declared and contained, of and concerning the same, for the benefit of the said [purchaser,] his heirs or assigns,] as by him or them, or his or their, or any of their counsel in the law, shall be reasonably devised, or advised, or required.1

hath not in

And the said A. B. doth hereby for himself, his heirs, Covenant by executors, and administrators, covenant and declare party, that he to and with the said, &c., his [heirs,] executors, admi- cumbered. nistrators, and assigns," that he, the said, &c., hath not at any time heretofore made, done, committed, executed, or suffered, or caused or procured to be made, done, committed, executed, or suffered, any act, deed, matter, or thing whatsoever, whereby the said messuages, &c., hereinbefore described, and hereby [assigned,] or intended so to be, [or the said term of five hundred years,] are, is, can, shall, or may be [surrendered, forfeited, impeached,] charged, or incumbered, in title, estate, or otherwise howsoever.

And the said A. B. doth hereby for himself, his Covenants for heirs, executors, and administrators, covenant, promise, and agree with and to the said C. D., his

1 Shortened thus: "And moreover, that he the said [vendor] and his heirs, and all persons whosoever, claiming through or in trust for him, shall and will, at the request and charges of the said [purchaser,] his heirs and assigns, make and perfect all further assurances that may be necessary for the more effectually conveying the said hereditaments hereby released, with the appurtenances, unto the said [purchaser,] his heirs and assigns, according to the true intent and meaning of these presents, as by the said [purchaser,] his heirs or assigns, or his or their counsel in the law, shall be devised."

Shortened thus: "That he the said [A. B.] hath not made, done, or committed any act, deed, matter, or thing whatsoever, whereby the said hereditaments may be in any manner incumbered."

title in a conveyance of freehold and leasehold premises.