« PreviousContinue »
the said bond, and as a further and collateral security for the same, DID bargain, sell, affign, transfer, and set over unto the said J. H. as well the said bond given by the said G. O. to the said R. P. as the said judgment recovered thereon by the said R. P. against the said G. 0. and all sums of money thereby due or secured thereon, and all profit, benefit, and advantage, that might be obtained or gotten by reason or means of the same bond and judgment, or either of them, or of any other judgment obtained by or in the name of the said R. P. his heirs, executors, or administrators, upon the said bond and judgment, or either of them, against the heirs, executors, or administrators, of the said G. O. To bold unto the said J. H. his executors, administrators, and afhgns, to and for his and their own proper use and benefit abso-lutely for ever (subje& nevertheless to a certain provisoe and agreement, after receipt and payment of the said sum of pounds unto the faid J.H. as therein mentioned) as by the said bond or obligation, and condition thereof and assignment, relation being thereunto respectively had, mighe more fully appear. And also reciting that the said G. O. by his last will and testament, by him duly executed, dated the day of —, thereby revoking all other wills by him made, did (amongst other things) Give, devise, and bequeath all his real and personal estate whatsoever, unto the said A. F. lince deceased ; To hold to her, ber heirs, executors, administrators and assigns for ever, and of bis laid will nominated and conftiiuted the said A. F. fole executrix and refiduary legatee, as by the said will, relation being thereunto had, might more fully appear. And wherens, soon after the making and executing of which said will the said G. O. died without having altered er revoked the fame, whereby the faid A. F. became seized of and entitled to all the said G. O.'s real estate whatsoever. And reciting also, that the faid A. F. fince the death of the said G. 0. also died inteftate, and that the real estate of the said G. O. and A. F. was descended upon and became ,vested in the said E. F. as the only sister and heir ac law of the said A. F. And that no execution had yet been sued our upon the said judgment so obtained as aforesaid, and that the said fum of – pounds and the interest thereof from the said
day of lalt past was still due, owing, and unpaid to the said 7. H. and that all the real estate whereof the said G. O. died seized, would fall lo short in paying and satisfying what is due upon the said judgment, that is would not be sufficient to answer, and make good what was due to the said 7. H. for the principal and interest due to him upon his said bond from the said R. P. And whereas the the said E, F. was willing and desirous that all the real estate of the said G. O. whereunto Dhe was become seized of and entitled to upon the death of her laid Gfter A. F. and all her righi, title and interest therein should be granted and conveyed unto the said J. H. towards facisłying and dito charging what was due to him upon the said boni from the faid R P. so far as the real estate would extend. It is witnefed that the the faid E. F. in confideration of the premises and of -- pounds to her paid by Abe said J. H. and for divers other good and valuable confiderations,
did grant, bargain, sell, alien, release, quit, claim and confirm, all that her right, title, estate and interest under the said will of the said G. 0. or otherwise howsoever, as well in law as in equity, of, in and ta a moiety of a certain messuage or tenement, land, hereditaments, and premites, with the appurtenances, commonly called or known by the name of --, situate lying and being in the parish of -- aforesaid, and then or late in the possession of the said W. L. his under-tenants or assigns; And all houses, edifices, buildings, hereditaments and appurtea nances whatsoever to the same belonging or in any wise appertaining, or which then, or formerly had been reputed, used or enjoyed, as part, parcel, or member thereof or of any part thereof, and the reversions, remainders, rents, issues, and profits thereof; And also all deeds and writings concerning the same, together with true copies of all other deeds and writings which concern the same, or any part thereof jointly, with any other lands then in the custody or possession of the faid É. F. or which she could or might get or come by without suit in law or equity, To hold to and to the only proper use and behoof of the faid 7. H. his heirs and assigns for ever; In which said release is contained a covenant that the said E. F. had noi theretofore done any act, and would not thereafter do any act whereby the said premises or any part thereof was, should, or might be any ways incumbered ; And also a covenant for further assurances. And whereas the said E. F. executed the raid before recited indentures of lease and release at the special infance, and request only of the said 7. H. who has promised, undertaken and agreed to indemnify, and save harmless, her the faid E. F. of, from and against, all and all manner of a&ions, suits, damages, costs, charges, and expences whatsoever, that fhall or may arise or happen, or be brought, commenced, awarded, adjudged or recovered against her the said E. F. on account of her executing the faid herein before recited indentures of lease and release, by or through the means, occasion, direction, knowledge or privity of any mortgage of the herein beforementioned premises or judgment, or other creditor or creditors of the said G. O. and A. F. deceased : NOW the condition of this obligation is such, that if the abovebounden 7. H. his heirs, executors, and administrators, and every of them, do and shall from time to time, and at all times hereafter accordingly, well and fufficiently fave, defend, keep harmless, and indemnified, the abovenamed E. F. her heirs, executors, and administrators, and her and their lands, and tenements, goods, and chattels, of, from, and against all, and all manner of actions, suits, prosecutions, trouble, costs, charges, damages and expences whatsoever, which Mall or may arise happen, or be brought, commenced, awarded or recovered for or againft the said E. F. her heirs, executors, or adminifirators, or any of them, or her or their lands and tenements, goods or chattels, for, on account, or by reason, means, or occasion of her the said E. F's executing the said herein before recited indentures of Jease and release, by or through the means, occafion, direction, privity, or knowledge of any such mortgage or judgment, or other crem
ditor or creditors aforesaid, or for any other matter, cause, or thing whatsoever, relating thereunto, that then this obligation is to be void and of no effect, otherwise the same is to be and remain in full force and virtue,
Of a bond from two vendors of land, and tbeir sureties, to pay an
annuity for life to wbich the premises were liable, and indemnify ibe purchaser, with special recitals,
HEREAS by indentures of lease and release, the bargain and
sale inrolled in Chancery, the lease bearing date the day next before the day of the date of the release and bargain and sale, and the release and bargain and sale (being both tripartite) bearing even date with the above written obligation, and made or mentioned to be made between the above bounden C. C, and E. C. and L. his wife, of the first part, the above named S. S. of the second part, and M. M. of London, Gent. of the third part, and a ane and recovery, in the same indenture of release agreed to be levied and suffered, and which have been since duly levied and suffered accordingly, the said C. G. and E. C. for the confiderations in the same indentures expressed, have absolutely fold and conveyed unto and to the use of the said S. S. his heirs and affigns, a mesluage or tenement, and farm called
and and divers lands and hereditaments situate in the parish of
in the county of , now or late in the tenure, possession or occupation of R. R. his asigns, lessees, or under-tenants, and in the same indentures more particularly mentioned and described. And whereas by virtue of the last will and testament of S. S. late citizen and mercer of London, deceased, the said mesfuage, farm, lands, heseditaments and premises, are and stand charged with the payment of one annuity or yearly rent of pounds, unto T. T. now T.V. widow and relićt of V. V. deceased, for the term of her natural life, at Lady-day and Michaelmas-day, by even and equal portions, with power to enter and distrain for the same in case of non-payment thereof. And whereas at the time of the said recited sale and conveyance of the said messuage, farm, lands, hereditaments, and premises, with their appuitenances, unto and to the use of the said S. S. his heir and alligns as aforesaid, the said C.C. and E. C. did undertake and agree to and with the said S. S. to pay unto the said T.V. her annuity or yearly rent of
pounds, during the term of her natural life, and that they the said C. C. and E. C. together with the said H. C. Tould and would become jointly and severally bound unto the said S. S. in a bond of fufficient penalty, conditioned for payment to her the said T. C. of the same annuity, or yearly rent accordingly, and for saving harmless and indemnifying the said S. S. his heirs, executors, administrators and aligns, and the said messuage, farm, lands, hereditaments and pre
mises so to him conveyed as aforesaid ot, from and againft the said annuity or yearly rent, in ómanner herein after in that behalf mentioned and expressed. NOW the condition of the above written obligation is such, that if they the faid C. C. and E. C. or either of them, their or either of their heirs, executors or administrators, shall and do from time to time, and at all times hereafter, well and truly pay, or cause to be paid unto the said T. V. her executors, administrators or aligns, the feid annuity or yearly rent of pounds, as the fame shall from time to time become due and payable, And also all arrears now due or hereafter to become due for the same rent, every or any part thereof, and of and from the payment of the same annuity, or yearly rent and arrears, and every part thereof, and all powers and remedies to be had or taken by entry, distress, action, suit or otherwise, for the recovery of the same rent and arrears, every or any part thereof, and fhall and do from time to time, and at all times hereafter, fave, defend, keep harmless, and indemnify the said S. S. his heirs, executors, administrators and alligns, and every of them, and the faid messuage, farm, lands, hereditaments, and premises so sold and and conveyed, to and to the use of him, his heirs and assigns as aforefaid, and every part thereof, with their appurtenances ; then the above written obligation to be void and of none effect, or else to be and remain in full force and virtue,
Of a bond from a vendor of lands to indemnify the vendee ; there
being a bill depending in chancery for the same, at time of tbe purchase.
HEREAS the above bounden C. C. and his trustees, have by
by indentures of bargain and sale and release, the release being tripartite, and bearing even date herewith, and made or mentioned to be made between the said C. C. of the first part, V.V. Efq; and D. D. Gent. E. E. and F. F. both of London, Esqrs. of the second part, and B. B. the elder, of London, Esq; of the third part, conveyed unto the said B. B. and his heirs, divers manors, messuages, lands, and tenements, lying and being in the county of , late the estate of H. H. widow, in such indenture of release, more particularly mentioned and described. And whereas S. S. of in the said county of — Elg; did in
term, in the year, sc, exhibit a bill in the high court of Chancery against the said C. C. pretending some right and title to the said manors, messuages, lands and tenements fo conveyed unto the said B. B. as aforesaid, which faid bill is Itill depending. And whereas the faid C. C. is contented to indemify him the said B. B. so far as pounds, will do against any costs or damages, that he may sustain or be put unto by reason of such bill so depending as aforesaid. Now the condition of this obligation is fuch, that if the above bounden C, C, bis heirs, executors or administrators
fall and do from time to time, and at all times hereafter, fave, de. fend, keep harmless and indemnify the above named B. B. his heir3 and afsigns, of, from and against all costs, damages and expences, which he, they, or any of them, shall or may sustain, or be put unto for or by reason of such bill so pending as aforesaid, or in case the Said bill be dismissed ; then this present obligation to be void and of none effect, or else to be and remain in full force, power, and virtue.
A busband and wife having agreed to fell her lands; and the pur
chaser being to retain part of the purchase-money to satisfy an agreement and decree in chancery, the condition is, that be apply the money and interest to the payment of the persons entitled.
W night of the faid
B. being seized in free of one full fixib part,
HEREAS the above-named C. C. and B. his wife, in the right fee
, the whole into fix equal parts to be divided, of and in divers messuages, lands, tenements and hereditaments in
and of them, in the county of
have contracted and agreed witb the above bounden F. F. for the sale thereof, at the price or value of
pounds, and have accordingly conveyed the same to the said F. F. and his heirs. And whereas at the time of such contract and conveyance, it was agreed by and between the said C. C. and F. F. that -pounds, part of the said sum of
- pounds, Thould remain in the hands of the said F. F., at interest at the rate of five pounds per cent. per annum, till he could be legally and effe&ually discharged of the fame, for answering and paying the like sum of pounds, chargeable on the said sixth part of the said messuages, lands and tenements, by virtue of certain articles of agreement bearing date on or about the day of which was in the year
of our Lord -, and an order or decree of the high court of Chancery thereupon made, bearing date the
then next following, in a eause there depending between G. G. and H. his wife, the said C. G. and B. his wife, and other plaintiffs, and S. S. and K. K. defendants, for the purposes in the said articles and decree mentioned concerning the same. NOW the condition of this obligation is such, that if the faid F. F. his heirs, executors, or administrators, fhall and do well and truly pay, or cause to be paid the aforesaid sum of pounds, unto such person or persons, and in such manner as the high court of Chancery thall in that behalf direct or appoint, pursuant to the true intent and meaning of the said articles and decree thereu pon made, so as he, his heirs, exccutors, or adıniniftrators, and his nd their eftates, may be legally and effectually discharged thereof ; a And also Thall and do in the mean time, and until payment of the said sum of
pounds, in manner aforesaid, pay and allow interest for the Same, after the rate of five pounds per cent. per annum, by equal halfyearly payments, unto such person or persons as Mhall be intitled there.