A Deed to lead the Ufes of a Fine.

HIS indenture, made, &c. between A. B. of, &c. and

the other part, witneffeth, That for and in confideration of the fum of, &c. to the faid A. B. and M. his wife, or the one of them, in hand well and truly paid by the faid C. D. at or before the fealing and delivery of thefe prefents, the receipt whereof the faid A. P. doth hereby acknowledge, and thereof and therefrom doth acquit, releafe, exonerate, and forever discharge the faid C. 1). his heirs, executors, adminiftrators and affigns, and every of them, by thefe prefents, he the faid A. B. bath covenanted, granted, promifed and agreed, and by thefe prefents, for himfelf and the faid' M. his wife, his, their, and either of their heirs, executors, and adminiftrators, and every of them, doth covenant, grant, promife and agree to and with the faid C. D. his heirs and affigns, that he the faid A. B. and M. his wife, fhall and will before the end of term next enfuing the date of these prefents, in due form of law, acknowledge and levy before the Court of Common Pleas at unto the faid C. D. his heirs and affigns, one or more fine or fines, fur cognizance de droit come ceo, and fo forth, with proclamations to be thereupon had, according to the form of the ftatute, in that cafe made and provided, of all that meffuage, &c. (Here defcribe the premises) And the reverfion and reveifions, mainder and remainders, rents, iffues and profits of all and fingular the faid premifes above mentioned, and every part and parcel thereof, with the appurtenances, by fuch name and names, quantity and number of meffuages, acres and things, and in fuch manner and form, as by the faid C. D. his heirs or affigns, or by his or their counsel learned in the law, fhall be reasonably advifed, devifed and required. And it is hereby declared and agreed by and between all and every the said parties to thefe prefents, that the faid fine or fines fo to be had and levied, in manner as aforefaid, and all and every other fine and fines already had, or hereafter to be had, levied, fued or profecuted, of or concerning the faid premifes above mentioned, or any part or parcel thereof, by itself, or jointly with any other lands, tenements or hereditaments, by or between the faid parties to thefe prefents, or any or either of

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them or of any other perfon or perfons who fhall be parties or privies thereto, fhall be and enure, and fhall be adjudged, deemed, and taken to be and enure, and are hereby declared by and between all the parties to thefe prefents, to be and enure, to the only proper ufe and behoof of the said C. D. his heirs and affigns forever, and to and for no other ufe, intent or purpose whatfoever. In witness, Sc.

A Deed to lead the Ufes of a Recovery.

HIS indenture of three parts, made, &c. between A.

fecond part, and G. H. and J. K. of the third part, witne eth, That the faid A. L. for the docking, barring, and cutting off of all estates tail, and remainders in tail, of and in the mefluages, &c. herein after particularly mentioned, and for the fettling and affuring of the fame, to and for the ufes, intents and purposes herein after limited, expreffed and declared; and alfo in confideration of the fum of one dollar tɔ him the faid A. L. in hand paid by the faid C. D. and E.F. or the one of them at or before the fealing and delivery of these presents, the receipt whereof is hereby acknowledged, and for divers other good caufes and confiderations, him the faid A. L. thereunto moving, hath granted, bargained, fold, aliened, released and confirmed, and by thefe prefents doth grant, &c. unto the faid C. D. and E. F. (in their actual poffeffion, now being by virtue of, &c.) [Here go on as in the releafe, which fee hereafter] and to their heirs and affigns, all that meffuage, &c. (Here defcribe the premises) and the reversion and reverfions, remainder and remainders, rents, iffues and profits of all and fingular the faid premifes, with the appurtenances: To have and to hold the faid meffuage, &c. and premifes above mentioned, and every part and parcel thereof, with the appurtenances, unto the faid C. D. and E. F. their heirs and affigns forever, To the intent and purpofe that the faid C. D. and E. F. fhall and may become perfect tenants of the freehold of the faid meffuage, &c. and premifes, with the appurtenances, and fhall and may ftand and be feized thereof until a good and perfect recovery, with double vouchers over, may be duly had, fuffered and executed of the faid mcffuage, &c. according to the courfe of common recov

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eries, for the affurance of lands and tenements in fuch caf ufed and accustomed; and thereupon it is covenanted, granted, concluded and agreed upon, by and between all the faid parties to thefe prefents, for themfelves, their and every of their heirs, by thefe prefents, in manner following, (that is to fay) that the faid C. D. and E. F. fhall and will before the end of term next coming, permit and fuffer the faid G H. and J. K. to fue forth and profecute against them the faid C. D. and E. F. one writ of entry far diffeifin en le poft, returnable before the court of Common Pleas at thereby demanding against the faid C. D. and E. F. the faid meffuage, &c. hereditaments and prenifes, with the appurte nances above, in and by thefe prefents granted, bargained, fold, releafed and confirmed, as aforefaid, by fuch name or names, number of acres, quantities, qualities, terms and defcriptions in the faid writ to be contained, and in fach manner and form, as by counfel learned in the law fhall be advifed; unto and upon which faid writ of entry, fo to be profecuted and fued forth, the faid C. D. and E. F. fhall appear gratis, and vouch to warranty the faid A. L. which faid A. L. fhall appear either in perfon or by attorney lawfully-authorifed, and enter into warranty; and after his entry into warranty, fhall vouch over the common vouchee, (The common vouchee bere named is commonly the bag bearer to the Cuf tos Erevium of the Common-Pleas) who fhall likewise appear and imparle (that is to fay, crave a day to answer) and afterwards make default, and depart in contempt of the court, fo that judgment may be thereupon given for the faid G. H. and J. K. to recover the faid meffuage, &c. hereditaments and premifes, against the faid C D. and E. F. to recover in value against the faid A. L. and for the faid A. L. to recover in value against the common vouchee; to the end, that one good and perfect common recovery, with double voucher, may be thereupon had and fuffered, and all and every other thing be done and perfected, needful, neceflary and convenient for the having and fuffering the fame recovery, according to the ufual courfe of common recoveries, for the affurance of lands or tenements in fuch cafe ufed: And the fame recovery is alfo to be executed by one writ of habere facias feifinam accordingly. And it is hereby further covenanted, granted, concluded and agreed upon, by and between all the faid parties to thefe prefents, for themselves and every of

them, their and every of their heirs, that the faid recovery, fo as aforefaid, or in any other manner, to be had or fuffered of the faid meffuage, &c hereditaments and premifes, with the. appurtenances, thall be and enure, and fhall be adjudged, deemed and taken to be and enure, and it is hereby meant, declared and intended to be and enure, to the only proper. ufe and behoof of the faid G. H. and J. K. their heirs and affigns, and to and for no other ufe, intent or purpose whatsoever And the faid A. L. and C. D. and each of them, for Limfelf feverally and apart, and not jointly, and for his feveral and refpective heirs and affigns, feverally and apart, and not jointly, covenant and grant, to and with the faid G. H. and J. K. their heirs and affigns, that they the faid A. L. and M. his wife, and the faid C. D. and E. his wife, are, or fome or one of them now is, &c. (here infert the covenant, that the covenanters are feized in fee, as directed in the conveyance by releafe.) And also that they the faid G. H. and J. K their heirs, (bere infert the covenants for quiet enjoyment and further aurance.) In witnefs, &c..

OF GIFTS AND GRANTS.

Gifts.

DEED of gift paffes either lands or goods.

It is

good against the donor or pe:fon that makes it, and all others, except creditors, when it hall appear to be done with an intent to defeat them of their debts; in which cafe the law adjudgeth fach deed void unto fuch creditors.

A general gift of all one's goods without exception of ap parel or other things of neceflity, as bed fing, &c. though it is by deed, may reasonably be fufpected to be fraudulent to deceive creditors, &c. and though there may be a true debt owing, a gift of all one's goods in fatisfaction of the debt, &c. is void against other creditors, &c. though good against the giver. When therefore any gift fhall be made in fatisfaction of a debt, let it be made, ift. Ia

publick manner before neighbours, and not in private. 2. Let the goods and chattels be appraised to the full value, and the gift made in fatisfaction of the debt. 3. After the gift, let the donee take possession of them; for the continuance of the poffeffion in the donor is a fign of a truft. (See what follows concerning Grants.) Wood's Inft.

Grants.

GRANTS are of the like nature with deeds of gift. In a good grant or gift, there muft be, ft. A grantor or donor able to grant. 2. A grantce or donce capable of the thing granted. 3. That there be a thing grantable. 4. That it be done by deed 5. That there be an attornment where needed. 6. That there be an acceptance by the grantee of the thing granted. Wood's Inft.

All incorporeal things may be granted by deed. (Chattels perfonal may be given or granted without deed. ) Of every thing uncertain, which is given or granted, the granted. may have his election.

Rules concerning Giants.

A MAN cannot give that which he hath not, nor more

than he hath.

A bare poffibility of an intereft, which is uncertain, is not. grantable.

Grants fhall be conftrued according to the fubftance of the deed, and not according to the ftri&t grammatical sense. -Conflructions of grants fhall be made according to the intention of the partics.

The words of a grant fhall be tranfpofed fo as the grant may take effect

Where the grant is impoffible, according to the letter, the law will make fuch conftructions as the gift, by poffibility, may take effe&t.

The ir cident fhall pafs by the grant of the principal, but notthe principal by the grant of the incident.

Grants must be certain as to the perfon, for if the grant be made to A or B it is void.

In the grant of a thing, all things neceffary for the obtain ing of it, are included. Wood's Inft.