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Re-convey- and absolutely discharged of and from all principal monies
. and interest intended to be secured by the within-written
oortgage-debt. indenture, and of and from all actions, suits, 'accounts, reckonings, claims, and demands whatsoever, either at law or in equity, for, upon account or in respect of the said principal monies or interest, or any part thereof respectively, or for, upon account or in respect of the within-written indenture, or of any act, deed, matter, or thing in anywise
charged, &c." The following form may be employed when the estate is to be re-conveyed to the uses subsisting before the mortgage:—
"to the uses, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, and declarations, to, upon, for, with, under, and subject to which the said hereditaments and premises would now have stood limited and settled in case the withinwritten indenture, and the lease for a year on which the same was grounded, had not been made or executed."
If the equity of redemption has been settled, the following form may be applicable.
"to the uses, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, and declarations by and in the said indenture of
the day of [the settlement] limited, declared,
and contained, of and concerning the said hereditaments and premises, or the equity of redemption thereof, so far as the same uses, trusts, intents and purposes, powers, provisoes, and declarations are now subsisting and capable of taking effect."
Re-conveyance Thc manner of effecting a re-conveyance of copyholds, of course, deof copyholds. pends on the interest which the mortgagee has obtained. If he has been admitted, he must resurrender, and it is better that he should execute a deed of release, and covenant against incumbrances. If there have been a conditional surrender, but no admittance in pursuance of it, the mortgagee, on payment of the money, gives a warrant to the steward to vacate the surrender, which is thereupon at an end. The warrant is of course entered on the court-rolls. (Coote on Mortgages, 2nd edit. p. 132). There should in this case also be a deed of release and covenant. If the mortgage have rested merely on covenant, a release is sufficient. (See supra, p. 317. See, too, the remarks on mortgages of copyholds, supra, p. 565, n. (a); p. 568, n. (A ; p. 667, n. (a).
relating to the premises: And Each of them the said Re-convf.y
A. B. and C. D., so far as relates to his own acts and deeds!
only, doth hereby for himself, his heirs, executors, and ad- ^mortgagees
ministrators, covenant with the said E. F., his heirs and against incum
assigns, that they the said A. B. and C. D. 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 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. In Witness &c.
INDEX TO THE NOTES.
delivery of, 31.
title to, which purchaser can require, 115.
disposition of presentation falling during contract for sale, 116.
mortgagee of, must present nominee of mortgagor, 117.
grant of, 296.
curtesy of, 300.
See Simony, Presentation.
form of, on sale by auction, 37.
if not under seal "heirs" should not be named in, 100.
to sell at a valuation, 127.
to exercise powers, 162. See Exchange.
advantages of conveyance by, 207.
and conveyance,—form of, 212.
under power in settlement—frame of, 230.
the estate clause not used in, 232.
power of—not usually inserted in conveyances to femes sole, 249.
of rent, on sale of reversion in parts, 73.
of rent-charge on sale, in lots, 76.
of commutation rent-charges in lieu of tithes, 79.
of rents and liabilities on sale of leaseholds, held under one
APPURTENANCES. See Easements, Franchises, General
reference to by trustees, executors, &c, 124.
effect of deaths of parties, 132.
reference to—should be made a rule of court, 133.
effect of its being so made, 131, 133.
effect of insertion of penalty in reference to, 134.
appointment of umpire by lot, 146, 407.
inutility of general agreements to refer to, 406.
ASSIGNEES OF BANKRUPT,
recital of sale by, 226, 227.
covenants against incumbrances by, 241, 249.
right of election as to bankrupt's leases, by, 423.
cannot claim to be indemnified against rent and covenants of
bankrupt's leases, 425.
ASSURANCE. See Policies Of Assurance, Fire Insurance.
by mortgagor to mortgagee, 491.
biddings at on behalf of vendor, 29.