Page images
PDF

Leaseholds. to the covenants, conditions, and agreements, by and in the

said indenture of the day of , [the lease], reserved

and contained, and from and after the day of

last {f), on the part of the lessee, his executors, administrators, or assigns, to be paid, observed, and performed: Covenants by And The Said A. B. doth hereby for himself, his heirs, executors, and administrators, covenant with the said C. D., his executors, administrators, and assigns, in manner fol—that the lease lowing, (that is to say), that, for and notwithstanding any TMgood, act, deed, matter, or thing, whatsoever, by him the said

A. B. made, done, committed, or executed, or knowingly or willingly permitted or suffered, to the contrary, the said

indenture of lease of the day of , at the time of

the sealing and delivery of these presents, is a good and effectual lease in the law of the said hereditaments and premises therein comprised, and now is in full force, unforfeited, unsurrendered, and in nowise become void or —thattheients voidable: And That all and singular the rents, covenants, hare'blen^paid conditions, and agreements, in and by the said indenture of

and observed, the day of , [the lease], reserved and contained,

and on the part of the lessee, his executors, administrators, and assigns, to be paid, observed, and performed, have been

paid, observed, and performed up to the said day of

—for right to last(^): And That, for and notwithstanding any

asslgn. such act, deed, matter, or thing, as aforesaid, he the said

A. B. now hath in himself good right, full power, and lawful and absolute authority to assign the said hereditaments and premises hereinbefore assigned, or expressed

unexpired, of the said term of years, granted by the said

indenture of lease of the day of , and for all

other the estate, term, and interest of the said [vendor] therein."

(/) The day referred to maybe subsequent to the assignment, and then "next" will be substituted for "last," or the assignment may be dated on the day from which the assignee's liability to the rent and covenant is to begin, and the word "henceforth" be substituted for the expression in the text

(g) See the preceding note.

incumbrances.

and intended so to be, unto the said C. D., his executors, Ieaseholds. administrators, and assigns, for the residue now to come of

the said term of years, in manner aforesaid, according

to the true intent and meaning of these presents: And —for quiet enThat it shall be lawful for the said C. D., his executors, J0^"nent• administrators, and assigns, from time to time and at all times hereafter during the continuance of the said term of

years, peaceably and quietly to enter into and upon,

and to have, hold, occupy, possess, and enjoy, the said hereditaments therein comprised, and receive and take the rents, issues, and profits thereof, and of every part thereof, to and for his and their own use and benefit, without the lawful let, suit, trouble, denial, eviction, interruption, claim, or demand whatsoever, of, from, or by him the said A. B., his executors, administrators, or assigns, or any other person or persons lawfully or equitably claiming, or to claim, by, from, through, under, or in trust for him, them, or any of them: And That, free and clear, and —free from freely and clearly acquitted, exonerated, and released, or otherwise, by the said A. B., 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, and incumbrances whatsoever, either already had, made, executed, occasioned, or suffered, or to be hereafter had, made, executed, occasioned, or suffered, by the said A. B., his executors or administrators, or any person or persons lawfully or equitably claiming, or to claim, by, from, through, under, or in trust for him, them, or any of them: And Further, That the said A. B., his executors and —forfurther administrators, and all and every other person and persons whomsoever, having or claiming, or who shall or may have or claim any estate, right, title, term, interest, property, claim, or demand whatsoever, either at law or in equity, of, in, to, or out of the said hereditaments and premises, hereinbefore assigned or expressed, and intended so to be, or any of them, or any part thereof, by, through, from, under, or in trust for him the said A. B., his executors or administrators, shall and will, from time

LEASEHOLDS.

Covenants by purchaser to pay rent and perform covenants.

—and indemnify vendor in respect thereof.

to time, and at all times during the continuance of the

said term of years, upon every reasonable request

to be made for that purpose, by and at the costs of the said C. D., his executors, administrators, or assigns, make, do, and execute, and procure to be made, done, and executed, all and every such further and other lawful and reasonable acts, deeds, things, devices, assignments, and assurances in the law whatsoever, for the further, better, more perfectly and absolutely assigning and assuring the said hereditaments and premises, hereinbefore assigned, or expressed and intended so to be, and every part thereof, unto the said C. D., his executors, administrators, and assigns, for the residue which shall be then to come of the said term of years, as by the said C. D., his executors, administrators, or assigns, or his or their counsel in the law, shall be reasonably devised, or advised and required; And The Said C. D. doth hereby for himself, his heirs, executors, and administrators, covenant with the said A. B., his executors and administrators, that he the said C. D., his executors, administrators, or assigns, shall and will henceforth, from time to time, and at all times during the continuance

of the said term of years, pay the said yearly rent of

£ , by the said indenture of the day of

reserved, and from and after the day of last,

to become payable, and observe and perform all and every the covenants, conditions, and agreements in the same indenture contained, and on the part of the lessee, his executors, administrators or assigns, from and after the

said day of last, to be observed or performed:

and shall and will from time to time, and at all times hereafter, save, defend, keep harmless and indemnified, the said A. B., his executors and administrators, and his and their estates and effects, of, from, and against all actions, suits, damages, costs, expenses, claims, and demands, for or by reason or on account of the non-payment of the said rent, or any part thereof, or the breach, or non-observance, or non-performance of the said covenants, conditions, or agreements, or any of them (A). In Witness, &c.

Liability of the (A) The purchaser of a lease must covenant to indemnify the vendor XXXVIII.

ASSIGNMENT of Leaseholds by a Mort- Leaseholds Gagor and his Trustee, and by First and TM Common!

Second Mortgagees, and their Trustee, to
Two Purchasers as Tenants In Common.

THIS INDENTURE, made &c, Between A. B., of Parties.

&c, [trustee of the original leases for the mortgagor],

against the rent and covenants, except in cases in which the vendor is not assignee to inhimself liable, as where he is the assignee or the purchaser from the ,,^",'2- against assignee of a bankrupt. (See ante, p. 86, n. (h).) It seems, that, if in the rent and the habendum of the assignment there be the words, "he the said covenants. [assignee'], his executors, administrators, or assigns paying the rent and performing the covenants in the said indenture of lease mentioned, and indemnifying the said [assignorthe lessee"], his executors, administrators, and assigns, against the same," they will constitute a covenant by the assignee to that effect. (Lord Mansfield in Chancellor v. Poole, 2 Doug. 764, 767; see, too, 1 Cro. & Mee. 660). But the words in the habendum "subject to the payment of the rent and the performance of the covenants and agreements reserved and contained in the lease," do not constitute a covenant, and in the absence of an express stipulation, an assignee is not liable for rent accrued due, or covenant broken, after he has assigned over. (Wolveridge v. Steward, 1 Cro. & Mee. 644, reversing Steward v. Wolveridge, 9 Bing. 60; 2 Moo. & Scott, 75). But even in the absence of express stipulations, if an assignee of a lease neglect to perform the covenants, so that damages are recovered against the lessee by the lessor, the assignee, even after he has assigned over, is liable to the lessee for the damages occasioned by his neglect before the assignment. (Burnett v. Lynch, 5 B. & C. 589; and also to the lessor, Harley v. King, 2 Cro. Mee. & Ros. 18); and it seems that such is the law, too, in the case of an equitable assignee. (Close v. Wilbcrforce, 1 Beav. 112). The covenant to pay and perform is not, it seems, qualified by the Covenant to covenant to indemnify, so as to oblige the assignee to wait till he is indemnify does actually indemnified before he brings his action. (See infra, Precedent p"^^^^,.^.6 XLII. n. (/) ). It may be convenient to observe, that the doctrine stated venant. supra, p. 159, on the authority of Flight v. Bentley, has been overruled. (Moores v. Choat, 8 Sim. 508 : Lucas v. Comerford, Id. 499).

LEASEHOLDS
TO TENANTS
IN COMMON.

Recital of first lease.

—of second

—of the leases having become vested in the vendor's father.

—of settlement and mortgage.

of the first part; C. D., of &c, [trustee of underleases for the mortgagees], of the second part; E. F., of &c, [first mortgagee], of the third part; G. H., of &c, and J. K., of &c [second mortgagees], of the fourth part; L. M., of &c, [mortgagor and vendor], of the fifth part; and N. O., of &c, and P. Q., of &c, [purchasers], of the sixth part: Whereas, by an indenture, bearing date the 14th day of February, 1760, and made or expressed to be made between R. S. of the one part, and T. V. of the other part, for the considerations therein mentioned; the said R. S. did demise unto the said T. V., his executors, administrators, and assigns, [parcels from the lease], with their appurtenances: To hold the same unto the said T. V., his executors, administrators, and assigns, from the day of then

last, for the term of 999 years, at the yearly rent of £ ,

and under and subject to the covenants, conditions, and agreements therein contained, and on the part of the lessee, his executors, administrators, and assigns, to be observed and performed: And Whereas &c. [Recites in like manner an indenture, dated the \Sth day of July, 1765, by which other property was demised for a term of 993 years]: And Whereas, by divers mesne assignments and acts in the law, and ultimately by an indenture, bearing date the 8th day of May, 1824, and made or expressed to be made between [parties], the said premises by the said indenture of the 14th day of February, 1760, (a), [demised or expressed to be demised, became vested in A. M., (the father of the said L. M.), for the residue then to come of the said term of 999 years, and by divers other mesne assignments and acts in the law, and ultimately by the said indenture of the 8th day of May, 1824, the said premises, by] the said indenture of the 13th day of July, 1765, demised or expressed to be demised, became vested in the said A. M. for the residue then to come of the said term of 993 years: And Whereas &c. [Recites an assignment dated the \4eth day of January, 1828, made by the said

(a) If the leases have always gone together in the mesne assignments and acts in the law, the word "and" may be substituted for those within the brackets; the word "respectively" being inserted before "demised."

« PreviousContinue »