CONVEYANCE BY MORTGAGOR AND said hereditaments hereinafter particularly mentioned and intended to be hereby released, as was comprised in the said indentures of the 1st and 2nd days of September, 1817, MORTGAGEES. (being the hereditaments herein before referred to as the hereditaments secondly hereinafter mentioned), with their appurtenances, shall henceforth go, remain, and be to the uses, upon the trusts, and subject to the power hereinafter limited, declared, and contained, of and concerning the same: AND THIS INDENTURE ALSO WITNESS- Witnesseth, seETH, that, in pursuance of the said agreements in this condly. behalf, and for the considerations aforesaid, he the said Conveyance by A. B., with the privity of the said G. H., (testified by his all parties, being a party to and executing these presents), and so far as relates to such of the hereditaments hereinafter particularly mentioned, and intended to be hereby released, as were comprised in the said indenture of the 20th day of March, 1828, hath released, and by these presents doth release, and the said C. D., at the request of the said G. H., and by the direction of the said A. B., (testified by their severally being parties to and executing these presents), and so far as relates to such of the hereditaments hereinafter particularly mentioned and intended to be hereby released, as were comprised in the said indenture of the 20th day of July, 1834, hath released, and by these presents doth release, and the said I. K., at the like request and direction, (testified as aforesaid), and so far as relates to such of the hereditaments hereinafter particularly mentioned, and intended to be hereby released, as were comprised in the said indentures of the 1st and 2nd days of September, 1817, hath granted, aliened, released, and confirmed, and by these presents doth grant, alien, release, and confirm, and the said and surrend E. F., at the like request and direction, (testified as afore- er of term. said), and so far as relates to such of the hereditaments hereinafter particularly mentioned, and intended to be hereby released, as were comprised in the said indenture of the 30th day of April, 1835, and to the intent that the said term of 1,000 years thereby granted, may be merged and extinguished in the reversion of the premises comprised in the said term, hath (ƒ) surrendered, and by these presents (f) The word "assign" is sometimes used in surrenders of terms, Operative CONVEYANCE BY MORT GAGOR AND MORTGAGEES. Parcels. doth surrender, and the said G. H., by the direction of the said A. B., (testified as aforesaid), and as to all and singular the hereditaments hereinafter particularly mentioned, and intended to be hereby released, hath granted, aliened, released, and confirmed, and by these presents doth grant, alien, release, and confirm, unto the said L. M., (in his actual possession now being, by virtue of a bargain and sale thereof to them made by the said A. B., C. D., I. K., and G. H., in consideration of five shillings a-piece &c., [see Precedent XVI. p. 198], and his heirs: FIRSTLY, ALL that &c., [parcels hereinbefore referred to, as the "hereditaments firstly hereinafter particularly mentioned"]: SECONDLY, ALL THOSE &c., [parcels hereinbefore referred to as the "hereditaments secondly hereinafter particularly mentioned"], all which said premises, firstly and secondly hereinbefore described, are now better known by the description, and contain the quantities set forth in the schedule hereunto written, or hereunto annexed, [general words]; To HAVE AND TO HOLD the said and hereditaments, and all and singular other the premises hereby released or expressed, and intended so to be, unto the said L. M., and his heirs, (freed and absolutely discharged from all principal monies and interest in anywise due or owing upon or by virtue of the said hereinbefore recited securities, or any of them), to the uses, upon the trusts, and subject to the power hereinafter limited, declared, and contained of and Declaration of concerning the same: AND IT IS HEREBY AGREED AND DECLARED between and by the parties to these presents, Habendum. uses. words of surrenders. but as the intention is to surrender and merge, "assign" does not seem to be an appropriate word. Of course, it would be equally effectual, for if, by any act of the parties, an estate, susceptible of merger, be conveyed to the owner of an estate, in which it can be merged, merger will enure, whether such was the intention of the parties or not, and independently of the operative words employed. (See 6 Cru. Dig. by White, p. 487, note (a)). "Yield up" is sometimes added, but "surrender" alone is sufficient. The term in the text is merged, instead of being assigned to attend the inheritance; because, having been created when the legal estate was outstanding, it is merely equitable, and would be no protection to the purchaser. CONVEYANCE BY MORT GAGOR AND that the direction, limitation, and appointment, grants, releases, and confirmations herein before contained, shall respectively operate and enure, [to common uses, to bar MORTGAGEES. dower in favour of A. B., with a declaration to preclude a future wife from dower, see Precedent XVII. p. 214]; AND each of them the said C. D. and E. F., so far only Covenants by as relates to his own acts and deeds, doth hereby for him- the mortgagees. self, his heirs, executors, and administrators, covenant with the said L. M. (g) and his heirs, that they the said C. D. and E. F., respectively, have 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 the said hereditaments and premises hereinbefore by them respectively released and surrendered or expressed, and intended so to be, 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 THE SAID G. H. doth hereby for himself, his heirs, executors, and administrators, covenant with the said L. M. and his heirs, in manner following, (that is to say), that for and notwithstanding any act, deed, matter, or thing whatsoever, by him the said G. H. made, done, committed, or executed, or knowingly or willingly suffered to the contrary, they the said A. B., C. D., E. F., and G. H., now have in them--for right to selves respectively, good right, full power, and lawful and convey, &c.; Covenants by vendor as to hereditaments first mentioned; Covenants en tered into with releasee; (g) It will be observed, that the covenants in this deed are entered into with the trustee and his heirs, and not with the purchaser, because the trustee is the releasee to uses; for as the purchaser was the person who conveyed the legal estate, he could not himself be the releasee. (See ante, Precedent XXI. p. 232, note (o)). Afterwards, and also with in the covenants which relate to the lands taken by appointment, the purchaser. covenants are made as well with the trustee and his heirs, as.with the purchaser, his heirs and assigns. In this case, there being no proper releasee, there is no proper covenantee; the purchaser and his heirs will have the benefit of the covenant, but not his appointees or assigns. (See the note above cited). The covenants are entered into with the trustee likewise, on the chance that the appointment may have been inoperative, and that the release will operate. CONVEYANCE BY MORTGAGOR AND joyment; absolute authority to grant, alien, release, confirm, and surrender the said hereditaments firstly herein before parMORTGAGEES. ticularly mentioned, and hereinbefore released, or expressed and intended so to be, with their appurtenances (h), to the said L. M. and his heirs, to the uses and in manner aforesaid, according to the true intent and meaning of these for quiet en presents: AND THAT the said hereditaments and premises firstly hereinbefore particularly mentioned, and hereinbefore released, or expressed and intended so to be, with their appurtenances, shall and may, from time to time, and at all times hereafter, go and remain to the uses, upon the trusts, and subject to the power hereinbefore limited, expressed, and declared, and be peaceably and quietly entered into and upon, and be held, occupied, possessed, and enjoyed, and the rents, issues, and profits thereof, and of every part thereof, had, received, and taken accordingly, without the lawful let, suit, trouble, denial, eviction, interruption, claim, or demand whatsoever, of or by them the said C. D., E. F., and G. H., or any of them, their or any of their heirs, executors, or administrators, or of or by any other person or persons lawfully or equitably claiming or to claim by, from, under, or in trust for them or any of them; -free from in- AND THAT free and clear, and freely, and clearly, and absolutely acquitted, exonerated, released, and for ever discharged or otherwise by the said G. H., his heirs, executors, or administrators, well and sufficiently saved, defended, kept harmless, and indemnified of, from, and against all and all manner of former and other estates, titles, troubles, charges, debts, and incumbrances whatsoever, either already had, made, executed, occasioned, or suffered, or hereafter to be had, made, executed, occasioned, or suffered, by the said C. D., E. F., and G. H., or any of them, their or any of their heirs, executors, administrators, or assigns, or any cumbrances; venants. "Appurte(h) The phrase, "with the appurtenances," is used in these covenances"-why nants, because, as there are two sets of parcels with the general words used in the co- in common, we cannot say, as usual, "the hereditaments and premises firstly hereinbefore mentioned," without excluding the appurtenances; for the appurtenances are not among the premises firstly mentioned, but among the premises generally mentioned. CONVEYANCE BY MORTGAGOR AND MORTGAGEES. --for further assurance. person or persons lawfully or equitably claiming or to claim Covenants by vendor and former owner as to the here ditaments secondly men |