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BY MORTGAGEE AND

SALE.

sale:

of the one part, and the said A. B. of the other part, in conveyance consideration of the sum of £1,000 to the said M. N. paid by the said A. B., the said M. N. did grant and release TRUSTEE, FOR unto the said C. D., his heirs and assigns, the messuages, lands, and other hereditaments hereinafter particularly mentioned and intended to be hereby released with their appurtenances: To hold the same unto and to the use of the said C. D., his heirs and assigns, subject, nevertheless, to the proviso or condition in the said indenture now in recital contained for redemption of the said premises, on payment by the said M. N., his heirs, executors, administrators, or assigns, to the said C. D., his executors, administrators, or assigns, of the sum of £1,000, on the day therein mentioned, together with interest for the same, after the rate, at the times, and in manner therein mentioned : [recital of conveyance of the conveyance of the equity of redemption to C. D., in redemption, in

C D :n of equity of trust for sale, with power to give receipts to purchasers]: trust for sale ; AND WHEREAS the said C. D. hath contracted and agreed – of contract with the said E. F. for the absolute sale to him of the messuages, lands, and other hereditaments hereinafter particularly mentioned and intended to be hereby released, with their appurtenances and the inheritance thereof, in feesimple in possession, free from incumbrances, at or for the price or sum of £1,500: AND WHEREAS the said principal —of the amount sum of £1,000, together with the sum of £50 for interest due on the

mortgage ; on the same, making together the sum of £1,050, are now due and owing to the said A. B., on the security of the said indenture of the day of — : And whereas —that mortit hath been agreed that the said sum of £1,050, so due and cage

paid off, and owing to the said A. B, as aforesaid, shall be paid to the kept on foot for

of benefit of pursaid A. B. out of the said purchase-money or sum of chaser. £1,500, and that the said mortgage shall be kept on foot for the benefit of the said E. F., in manner hereinafter mentioned: NOW THIS INDENTURE WITNESS- Witnesseth. ETH, that in pursuance of the said agreement, and in consideration of the sum of £1,050 to the said A. B., paid Consideration. by the said E. F., at the request and by the direction of the said C. D., (testified by his being a party to and executing these presents), (the receipt of which said sum of Receipt by

mortgagee.

s to be

BY MORTGAGEE AND

SALE.

deration.

to trustee.

CONVEYANCE £1,050, the said A. B. doth hereby acknowledge, and of

and from the same and every part thereof, doth acquit, TRUSTEE, FOR release, and discharge the said E. F., his heirs, executors,

and administrators for ever, by these presents, and doth declare the same to be the full amount of the monies due or owing to him the said A. B., upon or by virtue of the

said indenture of the day of — ), and in conFurther consi- sideration of the further sum of £450, at the same time to

the said C. D. paid by the said E. F., (the receipt and Receipt by trustee, payment in manner aforesaid, of which said sums of £1,050

and £450, making together the said purchase-money or sum of £1,500, he the said C. D. doth hereby acknowledge, and of and from the same and every part thereof, doth acquit, release, and discharge the said E. F., his heirs, executors, and administrators for ever, by these presents, and

doth declare the same to be in full for the purchase of the Assignment of said messuage, lands, and other hereditaments), he the said

A. B., at the request and by the direction of the said C. D., and on the nomination and appointment of the said E. F., (testified by their severally being parties to and executing these presents), hath assigned, and by these presents doth assign unto the said G. H., his executors, administrators, and assigns, ALL THAT the said principal sum of £1,000 due and owing to the said A. B., on the security of the said indenture of the day of — as hereinbefore is mentioned, and all interest now due or henceforth to become due for the same, and the full benefit of the covenant contained in the said indenture of the day of - , for securing the same, and of all other securities for the same: AND ALL THE ESTATE, right, title, interest, property, claim, and demand whatsoever, both at law and

in equity, of him the said A. B. of, in, to, out of, or upon Power of attor- the same premises, and every part thereof, TOGETHER with

full power and authority for the said G. H., his executors, administrators, and assigns, or any of them, to ask, demand, sue for, recover, and receive and give effectual receipts and discharges for the said principal money and interest in the name or names of the said A. B., his exe

ney.

BY MORTGAGEE AND

SALE.

cutors, or administrators (6): To Have, HOLD, RECEIVE, CONVEYANCE AND TAKE the said principal monies, and interest, and all and singular other the premises hereinbefore assigned TRUSTEE, FOR or expressed, and intended so to be unto the said G. H., u

's Habendum, in his executors, administrators, and assigns, upon the trusts trust. hereinafter mentioned: AND THE SAID A. B. doth here- Covenant by by for himself, his heirs, executors, and administrators, mortgagee for

right to assign, covenant with the said G. H., his executors, adminis- free from intrators, and assigns, by these presents, that he the said cur A, B., hath not at any time heretofore made, done, committed or executed, or knowingly or willingly permitted or suffered, or been party or privy to any act, deed, matter, or thing whatsoever, whereby or by reason or means whereof he the said A. B. is in anywise prevented or hindered from assigning the said premises hereinbefore assigned, or expressed and intended so to be, in manner aforesaid, according to the true intent and meaning of these presents, or whereby or by reason or means whereof the said premises, or any of them, or any part thereof, are, is, can, shall, or may be impeached, charged, affected, or incumbered in title, estate, or otherwise howsoever: AND THIS IN- Further wit. DENTURE FURTHER WITNESSETH, that, in nesset further pursuance of the said agreement, and for the consi- Conveyance of derations aforesaid, he the said A. B., at such request, and by the such direction and upon such nomination as aforesaid, (testified as aforesaid), hath released, and by these presents doth release, and he the said C. D. hath released, and by these presents doth release unto the said E. F., (in his actual possession now being, by virtue of a bargain and sale thereof, to him made by the said A. B. and C.D., in consideration of five shillings a-piece, &c., see Precedent XVI.) and his heirs, ALL, &c. (parcels-general words]; TO HAVE AND TO Habendum. HOLD the said messuages, lands, and hereditaments, and all and singular other the premises hereby released, or expressed, and intended so to be, unto the said E. F., and his heirs, TO THE USE of the said G. H., his heirs, and assigns, To use of trus

cumbrances.

tee, for securing

mortgage debt. (6) A much longer form of power of attorney is often used, but as the short form in the text is undoubtedly effectual, it is entitled to the preference. The long forms may be seen ante, Vol. II., p. 385.

the freehold.

BY MORT GAGEE AND

SALE.

and subject

Covenant.

CONVEYANCE for better securing to him the said G. H., his executors,

administrators, and assigns, the said principal money and TRUSTEE, FOR interest, hereinbefore assigned or expressed, and intended

so to be, and subject and without prejudice to the raising

trust and payment of the said principal money and interest, for purchaser. in trust for the said E. F., his heirs and assigns, and to

be conveyed and disposed of by the said G. H., his heirs

and assigns, as the said E. F., his heirs and assigns shall, Declaration to from time to time, direct; AND THE SAID E. F. doth bar dower.

hereby declare, that if he shall die, leaving a widow, such widow shall not be entitled to her dower out of or in the said premises, or any part thereof: (covenant by A. B.

and C. D., against incumbrances, as in Precedent XXII., Declaration of page 241, (c)]; AND IT IS HEREBY agreed and declared trust of mort.

between and by the parties to these presents, that the said gage money.

G. H., his executors, administrators, and assigns, shall stand and be possessed of and interested in the said principal money and interest, and all and singular other the premises hereinbefore assigned or expressed, and intended so to be, upon trust, to assign and dispose of the same as the said E. F., his heirs and assigns, shall, from time to time, direct; in the meantime to permit and suffer the said premises to wait upon and attend the reversion, freehold, and inheritance of the hereditaments and premises hereinbefore released or expressed, and intended so to be, and to protect the same from all mesne incumbrances, if any such there be. In witness &c.

(c) See, too, the form and note, page 249.

XXVI.

BY MORT GAGOR AND

CONVEYANCE by MORTGAGOR and First CONVEYANCE
and Second MORTGAGEES to Uses to bar
Dower in favour of the First MORTGAGEE, MORTGAGEES.
the Purchaser. A THIRD MORTGAGEE sur-
renders a Term of Years, and a former Owner
conveys some Property which had been omitted
by mistake in a previous Conveyance.

THIS INDENTURE, made &c. BETWEEN A. B., of Parties.
&c., [first mortgagee and purchaser), of the first part; C. D.,
of &c., [second mortgagee], of the second part; E. F., of
&c., [mortgagee for a term], of the third part; G. H., of
&c., [mortgagor and vendor), of the fourth part; I. K., of
&c., [former owner), of the fifth part; the said A. B.,
(purchaser], of the sixth part (a); and L. M., of &c.,

(a) It is the practice of conveyancers to make a person party to Persons made the instrument more than once if he acts in more than one capacity; parties more and according to the number of capacities in which he acts is the

srities in which he ate is the than once, if

filling different number of times he is made a party. Thus, in the present case, A. B. characters. is made a party of the first part as the first mortgagee, and as having the legal estate, and is made a party of the sixth part as the purchaser. So, if he were a cestui que trust, and also one of the trustees, he would be made a party in both capacities, and if he were a trustee of a term of years, and also one of the parties beneficially interested in a mortgage debt, and also the owner of a reversion or remainder, he would be made a party in each of these capacities, and be placed in his proper rank among the parties.

This practice is not required by any rule of law, for it is sufficient to name each person once; but it is found convenient to mention each person in each capacity he fills, in order that any one, on looking at the parties, may be enabled to form some conjecture of the scope and purpose of the instrument. It is, with the same view, that it is very usual to add to each person's name in the parties, a brief statement of the character he fills. (See ante, page 3).

Both practices are, perhaps, of some use to the draftsman, by en

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