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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 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
If the equity of redemption has been settled, the following form may
The manner of effecting a re-conveyance of copyholds, of course, depends 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. (6 ; p. 667, n. (a).
Re-conveyance of copybolds.
relating to the premises : And Each of them the said Re-converA. B. and C. D., so far as relates to his own acts and deeds
ad Covenant by only, doth hereby for himself, his heirs, executors, and ad
the mortgagees ministrators, covenant with the said E, F., his heirs and against incum
brances. 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.
verification of, 48, 50.
title to, which purchaser can require, 115.
See Simony, PRESENTATION.
form of, on sale by auction, 37.
to exercise powers, 162. See EXCHANGE.
advantages of conveyance by, 207.
See Power, USES.
of rent, on sale of reversion in parts, 73.
of stamp-duty, 104.
reference to by trustees, executors, &c., 124.
inutility of general agreements to refer to, 406.
sales by, 95.
bankrupt's leases, 425.
purchase-money to be paid to, 415.
by mortgagor to mortgagee, 491.
biddings at on behalf of vendor, 29.