PUR LEASE AND RELEASE. further and other lawful and reafonable (a) act and CHASERS. acts, deed and deeds, conveyances, releases, furrenders and affurances in the law what foever, for the further, better, more perfect, and abfolute conveying, granting and affuring the faid meffuages or tenements, clofes, lands, woods, hereditaments and premises hereinbefore by thefe prefents granted and releafed, and covenanted to be furrendered, or intended fo to be and every or any part or parcel thereof, and the reverfion and inheritance thereof, with their and every of their appurtenances unto and to the ufe and behoof of the fad M. G. his hens and affigns for ever, be the fame by fine or fines (b) feoffment or feoffments, common recovery or com mon recoveries, (c) deed or deeds, indented or poll, (a) See 1 Roll. Ab. 423. Pl. 4. 5. 1 Co. 176, 177. alfo Godb. 445. but fee also Cro. Cir. 299 but there is a difference in the reason of the thing in the two cafes; a reaf,nable alfurance must contain the ufual covenants, that is to fay, those which are inferted in deeds founded on fimilar cir umftances, but the affurer is not compellable to admit a warranty. See I Mod. 67. It must alfo be fuch a conveyance as correfponds with the nature of the contract. Heb. 275. But quære, whether the authorities cited to prove that reafonable covenants are to be inferted in deeds of further affurance ought not to be confined to primary conveyances. And fee 1 Sid. 467, where it is faid that the grantor is not obliged to make further affurance with covenants (b) When the further affurance is by fine, though the defcription of the parties comprifes more than was intended to be conveyed, yet it will, according to 1 Bulft. 90, be binding on the grantor, though contrary according to 1 Roll. Rep. 103, 117. (c) Note diftin&ticn between fine and recovery, a fine extinguishes eftate tail, and therefore if there be tenant in tail remainder in fee in himself, and tenant in tail contracts a debt and dies, and his heir levies a fine, the reversion will immediately come into poffeffion and be chargeable with the debt, but if in fuch cafe he suffer a recovery the estatetail will in confideration of law be expanded, and the bond debt gone with the reverfion, which by reafon of the recovery is barred and can never come into poffeffion. Vide 2 Atk. 205, 206, 207. PUR enrolled or not enrolled, release or confirmation, or by all and every or any of the faid ways and CHASERS. means, or by any other ways and means in the law whatsoever, as by the faid M. G. his heirs and affigns or his or their counfel (a) learned in the law fhall be reasonably devifed or advifed and required fo (b) as fuch further affurances fo to be made, or any of them do not nor fhall contain any further, or other warranty or covenant (c) than only against the party or parties who fhall be required to make or execute the fame, (d) and his, her, or their own refpective heirs' acts and deeds, and fo as no perfon be compelled or compellable for the doing thereof, to travel or go from the place of his or their refpective abode (e) or dwellinghoufe; all which further affurances, whenfoever made and executed, and all forms, deeds, fines, recoveries, conveyances and affurances of the faid premises hereby, or intended to be hereby fold and conveyed, or any part thereof to which the faid parties hereto or any of them are or is parties or a party, privies, or a privy, fhall be and enure, and the fame are hereby declared and agreed by and between all the faid parties hereto, to be and enure Where eftates fhall be in being to one purpose and not to another. Vid. Earl of Bedford's cafe, 7 Co. and Lord Abergavenny's cafe, 6 Co. 78, 79. (a) It would, from the reafon of the thing devolve upon the counsel of the grantee to name the affurance, even though that privilege were not referved to him. See Lutw. 126. See alfo on the construction of this part of the covenant for Conv. 74. 5 Rep. 19, 20. See alfo ante, vol. 2. p. 135. alfo Lil. Conv. 75, 76, 77, 81, 82, 83. (d) 8 Co. 32, 10. ib. 124. 1 Inft. 20 b. 385 b. (e) See the effect of these words on the mode of performing this covenant. All. 68, 69. production of tjue deeds. PUR- unto and to the ufe of the faid M. G. his heirs. CHASERS. and affigns for ever as aforefaid, and to, for, or upon no other use, truft, intent or purpose Covenant for whatsoever. AND laftly, the faid B. E. for himfelf, and the faid M. his wife and for their several heirs, executors, and adminiftrators, doth further covenant, grant and agree to and with the faid M. G. his heirs and affigns by these presents, that for the maintenance and fupport of the title of the faid M. G. his heirs and affigns to the faid meffuages or tenements, clofes, woods, lands, hereditaments and premifes, granted and released, that they the faid E. B. and M. his wite, fhall and will from time to time and at all times hereafter at and upon the reasonable request, and at the proper cofts and charges in the law of the faid M. G. his heirs and affigns, produce and fhow forth at any trial, hearing, or examination in any court or courts of law or equity or other judicature within that part of Great Britain called England, or for the perufal of his or their counsel learned in the law, attorney or agent, or to any commiffioners or arbitrators, or others, when and fo often as occafion fhall require: the feveral deeds, evidences and writings, particularly mentioned in the schedule hereunto annexed, (provided they are not deftroyed by fire or any other inevitable accident, or restrained by the rule or order of fome court or courts of law or equity;) when and as there fhall be occafion for the maintenance, manifeftation or juftification of the eftate, interest, right, title, or poffeffion of the faid M. G. his heirs or affigns to the faid feveral meffuages, tenements, clofes, woods, lands, hereditaments and premifes herein before mentioned and defcribed, and hereby granted and releafed or intended fo to be, with their and every of their appurtenances. In wit nefs whereof the parties firft above named to these prefents, have hereunto interchangeably fet their hands and feals (a) the day and year first above writ ten. Sealed and delivered (b) in the prefence of, &c.(c). S PURCHASERS. 10 Releafe by Devifees in Truft to fell, Heir at Law of Teftator and his Wife, and Legatees of the Produce to a Purchaser. THIS INDENTURE quadripartite, made the day of in the year of our Lord, ty of year of the reign and in the Between A. C. of the city of A.C.&ctruftecs, in the county of - widow, C. D. of A. H. heir, in L. D. &c. le in the the county of efq. L. F. of in the faid coun- gates. O. P. efq. and X. Y. of—in the faid county of purchaser. goldfmith; devisees in truft, named in the laft will and teftament of A. H. late of the city of efq. deceased, of the first part; A. H. of in the parish of in the faid county of goldsmith; fon and heir at law of the faid A. H. deceased, and M. the wife of the faid A. H. party hereto of the second part; the reverend L. D. of county of doctor of divinity, and E. his wife, and A. D. of the city of in the county of fpinfter; which faid E. the wife of the faid L. D. and A. D. are the daughters, and alfo legatees named in the faid will of the faid A. H. deceased, of the third part, and O. P. of the city of efq. of the fourth part. Whereas, &c. [Recital of will devifing eftates to trustees to be fold.] AND WHEREAS the (a) Sealing a will is figning it. 2 Stra. 764. 3 Salk. 171. 2 Salk. 462. Though a deed be fealed in fact, yet faid to be no good deed if no mention made of fealing. Bro. Facts. cites 21 E. 4. 81. Delivery effential and not relievable. 2 Vern. 475. (b) See Co. Lit. 36 a. n. 6. Pow. Wood. 193, 194, 197. (c) Witneffes not effential. 1 Lev. 25. Recital that teftator feifed in fee. Contract for purchase. Recital of in PUR- faid A. H. at the time of making his laft will and CHASERS. teftament, and from thence to the time of his deceafe, was feifed of an abfolute and indefefible estate of inheritance in fee-fimple, in poffeffion of and in the feveral hereditaments hereinafter particularly defcribed and intended to be hereby granted and released: AND WHEREAS the faid O. P. hath contracted and agreed with the said A. C., C. D, L. F. and X. Y. for the complete purchase of the abfolute eftate of inheritance in fee-fimple, in poffeffion of and in all and fingular the herediraments hereinafter mentioned to be hereby releafed at or Confideration. for the price or fum of Now THIS INDENTURE WITNESSETH, that for and in confideration of the fum of of lawful money of Great Britain, by the faid O. P. to the faid A. C., C. D., L. F. and X. Y. in hand, well and truly paid at or before the fealing and delivering of these prefents, being the fame fum mentioned to be the confiderationmoney of an indenture of bargain and fale already prepared and intended to bear even date herewith, and expreffed to be made between the parties to thefe prefents and intended to be enrolled in the high court of chancery; the receipt of which faid fum of- they the faid A C., C. D., L. F. and X. Y. do hereby acknowledge, and thereof and therefrom, and of and from the fame and every part thereof do, and every of them doth acquit, release and discharge the faid O. P. his heirs, executors and adminiftrators, and every of them for ever by these prefents; and for and in confideration of the fum of of like lawful money by the faid O. P. to the faid A. H. party hereto, in hand allo paid at or before the fealing and delivery of thefe prefents, the receipt whereof is hereby acknowledged; they the faid A. C., C. D., L. F. and X. Y. (with the privity, confent and approbation of the faid A. H. party hereto, and also of the faid L. D. and E. his wife, and A. D. teftified by their being parties to and feverally fealing and delivering these prefents) have, and every of them hath granted, bargained, fold, aliened and releafed, denture of bargain and fale of faid eftates to be enrolled. Transfer. |