Page images
PDF
EPUB

PREEHOLDS.

TRANSFER OF rights, easements, and appurtenances, to hold the same

unto and to the use of the said A. B., his heirs and assigns, subject nevertheless to a proviso in the said indenture contained for redemption of the said premises on payment by the said C. D., his heirs, executors, administrators, or assigns, to the said A. B., his executors, administrators, or assigns, of the sum of £1,000 on the day therein mentioned, with interest for the same at the rate of £5 per cent. per annum, on the days and in manner therein mentioned: And in the said indenture now in recital is contained a covenant by the said C. D. with the said

A. B., his executors and administrators, for payment of the -of the prin. said sum of £1,000 and interest: AND WHEREAS the said cipal money

a due and sum of £1,000 is still due and owing to the said A. B. on interest paid. the securities aforesaid, but all interest for the same has -of agreement been paid up to the day of the date of these presents: AND for transfer.

WHEREAS the said E. F. has agreed, at the request of the said C. D., to pay to the said A. B. the sum of £1,000 upon having a transfer, in manner hereinafter mentioned, of the said mortgage debt of £1,000 and interest, and the securities for the same: NOW THIS INDENTURE WIT

NESSETH, that, in pursuance of the said agreements, and Consideration. in consideration of the sum of £1,000 at or immediately

before the sealing and delivery of these presents to the said A. B. paid by the said E. F., at the request and by

the direction of the said C. D., (testified by his being a Receipt. party to and executing these presents), (the receipt of which

said sum of £1,000 he the said A. B. 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, administrators, and assigns for ever by these

Witnesseth.

in transfers of mortgage.

recital of the mortgage and conveyed by reference, in order that precisely the same property may be transferred as was originally mortgaged. Jf, however, when the mortgagor be a party, it be wished to have a new description of the property, or to include fresh property, the parcels may be given in the operative part, and the mortgagee's conveyance limited, 6 80 far as relates to such of the lands and hereditaments hereinafter particularly mentioned, and intended to be hereby released, as were by the said indenture of the day of — [the mortgage] granted and released or expressed and intended so to be."

FREEHOLDS.

ent.

presents), he the said A. B., at the request and by the TRANSFER OF direction of the said C. D. (testified as aforesaid) hath assigned and by these presents doth assign unto the said E. F., Assigan his executors, administrators, and assigns, All that the —of inortgagesaid principal sum of £1,000 due and owing to the said debt. A. B. on his said security as herein before is mentioned, and the interest henceforth to become due for the same, and the full benefit of the covenant entered into by the said C. D. with the said A. B. in and by the said indenture of the day of — , for the payment of the said principal sum and interest, and of all other securities for the same: AND ALL —and all the the estate, right, title, interest, claim, and demand whatso- estate, &c. ever, both at law and in equity, of him the said A. B., of, in, to, out of, or upon the said premises or any of them, or any part thereof, TOGETHER with full power and authority Power of attorto ask, demand, sue for, recover, and receive and give ney. effectual receipts and discharges for the said sum of £1,000, and every part thereof, and the interest for the same, in the name or names of the said A. B., his executors or administrators (c), To HAVE, HOLD, RECEIVE, AND TAKE Habendum. the said sum of £1,000 and the interest henceforth to become due for the same, and all and singular other the premises hereinbefore assigned, or expressed and intended so to be, unto the said E. F., his executors, administrators, and assigns, to and for his and their own use and benefit : AND THIS INDENTURE ALSO WITNESSETH, Conveyance of

the lands. that, in further pursuance of the said agreement, and for the considerations aforesaid, he the said A. B., at the request and by the direction of the said C. D., (testified as herein before is mentioned), hath released, and by these presents doth release, and he the said C. D. hath granted, released, and confirmed, and by these presents doth grant, release, and confirm unto the said E. F., (in his actual pos

(c) The mortgage-debt is recoverable at law by action on the cove- Power of attornaut; but, being a chose in action, is not assignable at law, so as to enable ney in transfers the assignee to bring an action for it in his own name. Hence, a power

er of mortgages. of attorney must be given to the transferee to enable him to sue in the name of the mortgagee; see supra, p. 605, n. (e). As to the form to be employed, see supra, p. 613, n. (b). VOL. III.

UU

FREEHOLDS.

Habendum.

covenant

brances.

TRANSFER op session now being by virtue of a bargain and sale hereof to

him made by the said A. B. and C. D., in consideration of

58. apiece &c., supra, p. 198), and his heirs and assigns, Parcels. ALL AND SINGULAR the said messuages, hereditaments, and

premises by the said indenture of the day of — granted and released, or expressed and intended so to be, AND ALL the estate, &c., TO HAVE AND TO HOLD the said messuages and hereditaments, and all and singular other the premises hereby released, or expressed and intended so to be, unto the said E. F., his heirs and assigns, to the use of the said E. F., his heirs and assigns, freed and discharged from all right or equity of redemption under or by virtue of the said indenture of the day of — , but subject

to the proviso for redemption hereinafter contained (that is Proviso for re- to say) [proviso for redemption and covenant for payment demption and

of mortgage-money and interest as in original morigage, covenant for payment. supra, p. 466]: AND THE SAID A. B. doth hereby for himMortgagee's self, his heirs, executors, and administrators, covenant with against incum- the said E. F., his heirs, executors, administrators, and

assigns, respectively, that he the said 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 sum of £1,000, and the interest to become due for the same, or any part thereof, unto the said E. F., his executors, administrators, and assigns, in manner aforesaid, according to the true intent and meaning of these presents, or whereby or by reason or means whereof the said hereditaments and premises hereinbefore released, 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. mortgagor.

AND THE SAID C. D. doth hereby for himself, his heirs,

executors, and administrators, covenant with the said E. F., -for right to his heirs and assigns, in manner following ; (that is to say),

that they the said A. B. and C. D. now have in themselves good right, full power, and lawful and absolute authority to grant, release, and confirm all the said hereditaments

convey.

[graphic]

FREEHOLDS.

and premises herein before released, or expressed and in- TRANSFER OF tended so to be, unto and to the use of the said E. F., his — heirs and assigns, in manner aforesaid, according to the true intent and meaning of these presents; AND ALSO That if –for quiet en.

joyment after default shall be made in payment of the said sum of £1,050, default. or any part thereof, contrary to the aforesaid proviso and covenant for payment of the same, and the true intent and meaning of these presents, then and in such case it shall be lawful for the said E. F., his heirs and assigns, at any time or times thereafter, into and upon all and every the said hereditaments and premises hereinbefore released, or expressed and intended so to be, or any of them, or any part thereof, to enter, and the same from thenceforth peaceably and quietly to have, hold, occupy, and enjoy, and receive and take the rents, issues, and profits thereof to and for his or their own use and benefit, without any let, trouble, interruption, or disturbance whatsoever, of, from, or by the said A. B. and C. D., or either of them, their or either of their heirs or assigns, or any other person or persons whomsoever, any estate, right, title, or interest, having or lawfully or equitably claiming, or to have or lawfully or equitably claim, in or to the said hereditaments and premises, or any of them, or any part or parts thereof; AND that free and clear, and freely and clearly –free from in

a cumbrances, and absolutely acquitted, exonerated, and discharged, or otherwise, by the said C. D., his heirs or assigns, saved, defended, kept harmless and indemnified, of, from, and against all and all manner of former and other estates, titles, charges, and incumbrances whatsoever: AND MORE- –for further OVER, that they the said A. B. and C. D., and each of them, their and each of their heirs, and all and every other persons and person whosoever, having or lawfully or equitably claiming, or who shall or may have or lawfully or equitably claim, any estate, right, title, or interest, of, in, or to the said hereditaments and premises hereinbefore released, or expressed and intended so to be, or any of them, or any part or parts thereof, shall and will from time to time and at all times hereafter, upon the request of the said E. F., his heirs or assigns, but at the costs and charges of the said C. D., his heirs, executors, or administrators,

:) A Dann a

f

assurance.

FREEHOLDS.

TRANSFER OP make, do, and execute, or cause and procure to be made,

done, and executed, all and every such further and other lawful acts, deeds, matters, things, and assurances in the law whatsoever, for the further, better, more perfectly and absolutely granting, conveying, and assuring all the said hereditaments and premises hereinbefore released, or expressed and intended so to be, unto and to the use of the said E. F., his heirs and assigns, in manner aforesaid, according to the true intent and meaning of these presents, as by the said E. F., his heirs or assigns, or his or their

counsel in the law, shall be reasonably devised, or advised Proviso for and required : PROVIDED ALSO, and it is hereby agreed quiet enjoyment until de

and declared between and by the said C. D. and the said fault.

E. F., and the true intent and meaning of them and of these presents, nevertheless, further is, that it shall be lawful for the said C. D., his heirs and assigns, peaceably and quietly to have, hold, occupy, possess, and enjoy all the said hereditaments and premises herein before released, or expressed and intended so to be, and to receive and take the rents, issues, and profits thereof to his and their own use, until default shall be made in payment of the said sum of £1,050, or some part thereof, contrary to the aforesaid proviso and covenant for payment of the same, and the true intent and meaning of these presents, without any let, suit, trouble, interruption, or disturbance whatsoever, of, from, or by the said E. F., his heirs or assigns, or any other person or persons whomsoever lawfully or equitably claiming or to claim by, from, cr under him, them, or any of them. IN WITNESS &c.

« PreviousContinue »