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COPYHOLDS, AND LEASEHOLDS.

for transfer.

E. F. in part discharge of the said principal sum of £7,000, FREEHOLDS, so that the sum of £5,000 only now remains due to the said E. F. on the security of the said indenture of the of — AND WHEREAS the said I. K. hath agreed, at the of agreement request of the said G. H., to pay to the said E. F. the sum of £5,000, upon having such transfer as is hereinafter mentioned of the said mortgage debt of £5,000 remaining on the security of the said indenture of the day of and the securities for the same, (except the said copyhold hereditaments held of the manor of F. :) AND WHEREAS upon the treaty for the said transfer it was agreed that the said copyhold hereditaments held of the said manor of F. should not be included in these presents, but that satisfaction should be entered upon the conditional surrender of the said premises made to the said [mortgagee] as aforesaid, to the intent that the same premises may be absolutely freed and discharged from all the principal monies intended to be secured by the said indenture of the

day of

—of agreement

to except part of the copy holds out of the trans

fer.

ance of the free

holds.

(c): NOW THIS INDENTURE WITNESS- Witnesseth, asETH, [assignment of the mortgage debt and interest, supra, debt. signment of p. 646] AND THIS INDENTURE ALSO WIT- Witnesseth,— NESSETH, that, in pursuance of the said agreement, and further conveyfor the considerations herein before mentioned, they the said A. B. and C. D., at the request and by the direction as well of the said E. F. as of the said G. H., (testified by their severally being parties to and executing these presents), have and each of them hath released, and by these presents do and each of them doth release, and he the said G. H. hath granted, released, and confirmed, and by these presents doth grant, release, and confirm unto the said I. K., (in his actual possession now being by virtue of a bargain and sale thereof to him made by the said A. B., C. D., and G. H., in consideration of 5s. apiece, &c., supra, p. 198), ALL AND SINGULAR the messuages, lands, heredita- Parcels. ments, and premises by the said indenture of the

of

day

granted and released, or expressed and intended to be granted and released, unto and to the use of the said

(c) A release by the deed is sometimes added, and may perhaps be desirable. (See the form, supra, p. 317).

COPYHOLDS,

AND LEASE

HOLDS.

Habendum.

Witnesseth, further assign

ment of leaseholds.

Parcels.

FREEHOLDS, [mortgagee], his heirs and assigns, as hereinbefore is mentioned, with their rights, easements, and appurtenances: TO HAVE AND TO HOLD the same messuages, lands, and hereditaments, and all and singular other the premises hereinbefore released, or expressed and intended so to be, unto the said I. K., his heirs and assigns, to the use of the said I. K., 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: AND THIS INDENTURE ALSO WITNESSETH, that, in further pursuance of the said agreements, and for the considerations aforesaid, he the said E. F., at the request and by the direction of the said G. H., (testified &c.), hath assigned, and by these presents doth assign, and the said G. H. hath assigned and confirmed, and by these presents doth assign and confirm unto the said I K., his executors, administrators, and assigns, ALL THOSE the said messuages or tenements, hereditaments and premises, by the said indenture of the day of assigned, or expressed to be assigned, to the said [mortgagee], his executors, administrators, and assigns, as hereinbefore is mentioned, with their rights, easements, and appurtenances: AND ALL the estate &c., To HAVE AND TO HOLD the said messuages or tenements and hereditaments, and all and singular other the premises herein before assigned, or expressed and intended so to be, unto the said I. K., his executors, administrators, and assigns, henceforth for all the residue now to come respectively of the said several terms of years for which the same premises are respectively holden, freed and absolutely 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, [proviso for redemption, supra, p. 556:] AND THIS INDENTURE ALSO WITNESSETH, that, in further pursuance of the said agreements and for the considerations hereinbefore mentioned, he the said G. H. doth hereby for himself, his heirs, executors and administrators, covenant with the said I. K. and his heirs, that the said G. H. or his heirs shall and will, at

Habendum.

Proviso for redemption. Witnesseth,further covenant to surren

der the copyholds.

COPYHOLDS,

or before the next court to be holden in and for the said FREEHOLDS, manor of at the proper costs and charges of the said G. H. or his heirs, well and effectually surrender or cause

AND LEASE

HOLDS.

to be surrendered, by all necessary parties into the hands of
the lord or lady, lords or ladies of the said manor of
ALL AND SINGULAR the copyhold or customary messuages Parcels.
or tenements, hereditaments, and premises holden of the
said manor of

day of

and by the said indenture of the covenanted to be surrendered to the use of

transferee.

the said [mortgagee], his heirs and assigns, as herein before is mentioned, with their rights, easements, and appurtenances, To THE USE of the said I. K., his heirs and To the use of assigns, to be holden of the lord or lady, lords or ladies of the said manor of -, according to the custom thereof, and by and under the rents, fines, heriots, suits, and services therefore due and of right accustomed, freed and absolutely discharged from the said conditional surrender of the same premises made to the said [mortgagee], his heirs and assigns, as hereinbefore mentioned, but subject to a condition as to the said surrender to be made to the use of the said I. K. and his heirs, to correspond with the proviso for redemption hereinbefore contained: [Covenants Covenants and -by G. H. with I. K., his executors and administrators, provisoes.

for payment of the mortgage money and interest, supra, p. 469—by A. B., C. D., and E. F. with I. K., his heirs, executors, administrators, and assigns, against incumbrances, supra, p. 654-by G. H. with I. K., his heirs, executors, administrators, and assigns, that the leases are valid, supra, p. 545—for right to convey, assign, and surrender--for quiet enjoyment after default-free from incumbrances and for further assurance-proviso for quiet enjoyment until default, supra, pp. 560 and 572.—In witNESS &c.

RE-CONVEY-
ANCE.

Parties.

Recital of mort gage-debt remaining due, and interest having been paid.

-of mortga gor's desire to have a re-conveyance.

Witnesseth.

Re-conveyance

to be preferred.

LXXVIII.

RE-CONVEYANCE of Mortgaged Premises. THIS INDENTURE, made &c. BETWEEN the withinnamed (a) A. B. and C. D., [mortgagees], of the one part; and the within-named E. F., [mortgagor], of the other part: WHEREAS the within-mentioned sum of £— still remains due and owing to the said A. B. and C. D. upon the security of the within-written indenture, but all interest on the same has been paid up to the day of the date of these presents: AND WHEREAS the said E. F. is desirous of paying off the said principal sum of £, and that the messuages, lands, and other hereditaments, with the appurtenances by the within-written indenture granted and released, or expressed and intended so to be, shall be re-conveyed unto and to the use of him the said E. F., his heirs and assigns, in manner hereinafter mentioned (b): NOW

(a) The precedent in the text is that of a re-conveyance indorsed on by indorsement the mortgaged deed, but by introducing a recital of the mortgaged deed, and making the corresponding alterations in the references to it, (see supra, p. 639, n. (a) ), the draft of a re-conveyance by an independent deed may easily be framed. It should, however, be understood, that whenever circumstances will permit, a re-conveyance should be made by indorsement, in order that when the mortgage-deed is produced, it shall necessarily bear with it the evidence of the re-conveyance; for otherwise the re-conveyance may be lost, and great difficulty may be found in proving that it was ever executed, or even that the mortgage debt has been paid. (See supra, p. 70, n. (b)).

When dispensed with.

A re-conveyance by an independent deed is usually made, either when it is inconvenient to send the mortgage deed to the parties who are to execute the re-conveyance, or when, from the numerous dealings which have been had with the mortgage or the equity of redemption, the re-conveyance is of a length unsuitable for indorsement.

(b) If the re-conveyance be to uses to bar dower, or to any other uses

RE-CONVEY-
ANCE.

Consideration.

ance.

THIS INDENTURE WITNESSETH, that, for effectuating the said desire, and in consideration of the sum of £to the said A. B. and C. D., at or immediately before the sealing and delivery of these presents paid by the said E. F., (the receipt of which said sum of £ they Receipt. the said A. B. and C. D. do hereby acknowledge, and of and from the same and every part thereof do and each of them doth acquit, release, and discharge the said E. F., his heirs, executors, administrators, and assigns, for ever by these presents), they the said A. B. and C. D. have and Re-conveyeach of them hath released, and by these presents do and each of them doth release unto the said E. F. (in his actual possession, &c., supra, p. 198) and his heirs, ALL AND SIN- Parcels. GULAR the messuages, lands, and other hereditaments by the within-written indenture granted and released, or expressed and intended so to be, with their and every of their rights, easements, and appurtenances, AND THE reversion and the reand reversions, remainder and remainders, yearly and other rents, issues, and profits of all and singular the said messuages, lands, and hereditaments and premises herein before released, or expressed and intended so to be, AND ALL the -and all the estate &c.: TO HAVE AND TO HOLD the said messuages, Habendum. lands, and hereditaments, and all and singular other the the premises hereinbefore released, or expressed and intended so to be, unto the said E. F., his heirs and assigns, to

version, &c.

estate, &c.

the use of the said E. F., his heirs and assigns (c), FREED Freed from the

except to the use of the mortgagor in fee-simple, the recital should

run:

"to the uses and in manner hereinafter mentioned."

The expression "re-conveyed," is, perhaps, not strictly accurate, unless
the estate be actually relimited to the uses to which it stood limited
before the mortgage; but it is employed in relation to the office of the
mortgagee, rather than to the situation of the estate. However,
66 con-
veyed and assured" may be substituted for "re-conveyed," if deemed

more correct.

(c) If the limitation be to any uses other than that in fee-simple, it is Re-conveyance better to postpone the limitation till after the clause, "freed and dis- to uses.

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