WHEREAS, by a certain warrant of attorney, bear- Warrant of ing date, &c., under the hand and seal of the said attorney. A. B., he the said A. B. did desire, authorise, and empower certain attorneys therein named to appear, and receive a declaration for him the said A. B., in an action of debt, for the sum of L. at the suit of the said C. D., and thereupon to confess the same action, or else to suffer judgment as therein mentioned, which said warrant of attorney was given for securing the said sum of L. WHEREAS the said A. B. is seised of, or well and Seisen in feu. sufficiently entitled to, the inheritance in fee-simple in possession (free from incumbrances) of and in the messuage and hereditaments hereinafter described, and intended to be hereby granted and released, or otherwise assured, with the appurtenances. by virtue of a WHEREAS, under and by virtue of the last will and Seisen of lands testament of, &c., bearing date on or abont, &c., the in fee-simple, said A. B. is seised to him and his heirs of an estate will. of inheritance in fee-simple in possession, free from incumbrances, of and in all, &c. vided moie ties. WHEREAS, under and by virtue of certain inden- Entitled to tures of lease and release, dated respectively on or lands in undiabout, &c., the release being made or expressed to be made between, &c., the said A. B. is seised of, or well and sufficiently entitled to, an absolute estate of inheritance in fee-simple in possession, free from incumbrances, of one undivided moiety or half part of and in the, &c., hereinafter described, and intended to be hereby released and conveyed, or otherwise assured, with the appurtenances; and the said C. D. is entitled to an absolute estate of inheritance in feesimple in possession, free from incumbrances of and in the other undivided moiety or half part of and in, &c. settlement. WHEREAS, under and by virtue of certain inden- Seisen of lands tures of lease and release, bearing date respectively in tail under a on or about the and days of, &c., and made or expressed to be made between, &c., (being the settlement made in contemplation of the marriage then B Will of real estate made prior to the 1 Vict. Will of per of real estate intended, and which was afterwards duly had and solemnized between them, the said, &c.,) the said A. B. is seised to him and his heirs, of an estate in fee-tail in possession, of the messuages, &c., mentioned and intended to be hereby granted, released, and conveyed, or otherwise assured, with their rights, members, and appurtenances. WHEREAS, A. B., late of , (being seised or otherwise well entitled in fee-simple, in possession of or to the messuage and other hereditaments hereafter described and intended to be hereby-) did, in such manner as by law was required for rendering valid devises of real estates, duly make and publish his last will and testament in writing, bearing date on or about and thereby gave and devised, &c., and the said testator appointed the said , of his said will. executors WHEREAS, A. B., late of duly made and pubsonal estate or lished his last will and testament, bearing date on or and thereby gave and devised, &c., and the said testator appointed the said of his said will. since 1 Vict. Will, death and probate, to show appointment of executors. Agreement for loan on mortgage. about executors WHEREAS the said A. B. departed this life on or day of 1839, having first duly about the made and published his last will and testament in writing, bearing date on or about the day of day of Court of and thereby appointed the said C. D. and E. F. exe- sum of L. the said having occasion for the hath applied to and prevailed upon to advance and lend him the same at interest, upon the security [of the bond or obli- of the and other premises confirmed in the said recited indentures, for a term of years by way of mortgage, as hereinafter mentioned,] or [of a conveyance in fee by way of second mortgage, with such power of sale as hereinafter contained, to be made to the said and his heirs, of the said and other heredita ments, subject to the said mortgage debt of L. and the interest thereof.] ship. WHEREAS, by a certain indenture of apprentice- Indenture of ship, bearing date on or about the, &c., and made apprenticeor expressed to be made between A. B., son of C. B., of, &c., and the said C. B., of the one part; and D. F., of, &c., of the other part; it is witnessed, that the said A. B., by and with the consent and approbation of his father, the said C. B., did put, place, and bind himself apprentice to the said D. F., to be taught and instructed in the art, trade, or business of a saddler, which the said D. F. then used, and to serve the said D. F., as such apprentice, from thenceforth, for and during and unto the full end and term of seven years, from thence next ensuing, and fully to be complete and ended. WHEREAS, by a certain indenture bearing date on Assignment of or about, &c., and made between, &c., the said A. goods. B., for the considerations therein mentioned, did grant, bargain, and sell unto the said C. D., his executors, administrators, and assigns, all and singular the goods, chattels, and effects mentioned and particularised in the schedule thereunder written, [or annexed,] to hold the same unto the said C. D., his executors, administrators, and assigns, upon trust, &c., [state the trust, as in deed.] AND WHEREAS the said messuages, &c., hereinafter Sale by aucparticularly mentioned and described, and intended tion. to be hereby, &c., with the appurtenances, were on, &c., put up to sale by public auction in, &c., and the said C. D. was declared to be the highest bidder for, and became the purchaser of, the said, &c., at or for the price or sum of L. [If the premises were not sold, but afterwards disposed of by private contract, say,] And at such auction or sale the said, Assignment of a lease. Covenant for &c., was not then sold and disposed of, but the said WHEREAS, by indenture, bearing date on or about, &c., and made, or expressed to be made, between, &c., IT IS WITNESSED, that for the considerations therein mentioned, the said A. B. did assign and set over unto the said C. D., his executors, administrators, and assigns, all that the said messuage, &c., mentioned and described in the said recited indenture of lease, and mentioned to be thereby demised to the said A. B., as aforesaid, with the appurtenances, together with the same indenture of lease, to hold the same unto the said C. D., his executors, administrators, and assigns, for and during all the rest, residue, and remainder of the said term of ninety-nine years [if the said E. F. and G. H., or either of them, should so long live] then to come, and unexpired, at, under, and subject to such yearly rents, covenants, and agreements, in the said recited indenture of demise or lease contained, as on the lessee's or assignee's part and behalf is, are, or ought to be observed, paid, and performed. AND WHEREAS the several deeds, evidences, and the produc- writings specified in the schedule hereunder written, or hereunto annexed, relate as well to the heredita tion of titledeeds. The better mode is considered to be, not to notice the payment of the deposit, but to take a receipt in the conveyance for the whole purchase-money. ments comprised in the said recited indenture of, &c., as to other property of greater value belonging to the said A. B.; and upon the treaty for the said purchase, it was agreed that the said deeds, evidences, and writings, should remain in the custody and possession of the said A. B. upon his entering into such covenant for the production thereof as hereinafter contained. [If the deeds are to remain in the hands of a third person, say,] And whereas it hath been agreed that the deeds, &c., shall remain in the possession of the said A. B., upon his entering into such covenant for the production and delivering copies thereof as hereinafter is contained. inability to pay, and for benefit of creditors. WHEREAS the said A. B. now is, and stands justly Indebted to and truly indebted to the several persons whose creditors, names are hereunto subscribed, and seals set and affixed, in the several sums of money set opposite to agreement for their respective names in the schedule hereunder assignment written. And the said A. B., by reason of divers losses and other unforeseen occurrences, having become incapable to satisfy and pay to his said creditors the full amount of their several debts and demands against him, hath applied to and requested them to accept and take an assignment of all his the said A. B.'s real and personal estate, of what nature or kind soever the same may consist of, in full satisfaction and discharge of each and every their respective debts and demands now due to each of them, from him the said C. B., at the time of the execution of these presents; which they the said several creditors have consented and agreed to do, upon having the same conveyed to the said [trustees,] upon and for the trusts, intents, and purposes hereinafter expressed, and declared of and concerning the same. AND WHEREAS certain indentures of lease and Mortgage in release, bearing date respectively the fourth and fifth fee. days of, &c., were made, or expressed to be made, between A. B., of, &c., of the one part; and C. D., of, &c., of the other part; and by the said indenture of release it is WITNESSED, that in consideration of the |
