PUR out-houses, edifices, buildings, barns, stables, yards, CHASERS. gardens, orchards, back-fides, hedges, ditches, General words trees, fences, balks, ways, paffages (a), water, water-courses, easements, profits, privileges, commons (b), rights of common, common of pafture, enclosures incompaffing or inclofing the faid premifes, or any part thereof, heath (c), goods and chattels of felons (d), view of frank pledge, advantages, commodities (e), hereditaments (f), and appurtenances whatsoever, to the faid meffuages, tenements, closes, woods, lands, grounds, hereditaments, and premises, hereby granted and released, or intended fo to be, or to any or either of them, or to any part or parts thereof belonging, or in Co. Lit. 150. court baron in the grant of a manor. any wife appertaining (a), or therewith, or with any of them, or with any part thereof, now or any time or times heretofore, fet, let, used, occupied, or enjoyed, or accepted, reputed (b), taken or known as part, parcel, or member thereof (c), or of any part thereof, and the reverfion and reverfions (d), remainder and remainders (e), yearly and other rents (f), iffues, and profits, of all and fingular the faid meffuages, or tenements, lands, clofes, woods, hereditaments, and premises, hereinbefore particularly mentioned, and hereby granted and releafed, or intended fo to be, with their and every of their appurtenances; and alfo all the eftate (g), right (b), title, ufe, truft, inheritance, property (i), claim, and demand whatfoever, as well at law as in equity, and in poffeffion (k), remainder, reverfion, expectancy, poffibility (1), or otherwife how foever, of them (4) Asto length of time to give the character of appurte nances, fee Pal 375, 376. Loftus v. Barker. And, for the meaning of the word appertaining, and its different applications and operation, fee Vaugh. 108, 109. And fee Cro. Car. 17.308. Cart. 17, 18. 4 Co. 38 a. 10 lb. 63 to 66. Lit. Rep. 6. &c. 3 Atk. 82. (b) 6 Co. 66 a. Vaugh. 109. Dy. 362. pl. 17. (c) Thefe words will pass leasehold lands, which answer this. defcription as well as freehold, efpecially againft a releafor. 1 H. Black. Rep. 25. (d) Plow. 196, 197. 151. &c. (e) Vaugh. 269, 279. Mod. 112. Luc. 94. (f) The general word rents will carry the fee rents of a manor; and they will alfo pafs by the word manor. 184. 2 Ath. (8) Hob. 276. Styl. 281. Skin. 194. 6 Mod. 107, 109, PUR CHASERS. 110. 2 P. Williams, 335. (h) Plow. 487. (i) Luc. 143. (k) 1 Jones 102. (l) 10 Co. 476. 48 a. 5 lb. 2a. PUR the faid B. E. and M. his wife, R. S. S.W. P.C. CHASERS. and B. E. and each and every of them, of, in, to, or out of the faid meffuages or tenements, lands, closes, woods, hereditaments and premises hereby granted and releafed, or intended fo to be, and every or any of them, and every or any part or parcel thereof, together with all deeds (a), evidences and writings, efcripts, copies of court rolls, and monuments whatfoever, touching and concerning the faid feveral frechold meffuages or tenements, closes, woods, lands, hereditaments and premises hereinbefore mentioned, and hereby released, or intended fo to be, or any of them, or touching or concerning the title of the customary or copyhold meffuages and hereditaments hereinafter covenanted to be furrendered to the use of the faid M. G. and his heirs; and true copies of all fuch deeds, evidences and writings which concern the faid premifes jointly with any other meffuages, lands, tenements, or hereditaments, now in the cuftody or power (b) of them the faid B. E. party hereto, and M. his wife, R. S. S. W. P.C. or B. E. or any or either of them, or which they or any or either of them can come by, without fuit at law or in equity (c), fuch copies to be made at the cofts of the faid M. G. his heirs or affigns: Habendum) TO HAVE AND TO HOLD (d) the faid meffuages (a) It is always prudent to take a grant of title deeds; for, without fuch grant, a purchafer or mortgagee cannot call for them, although the vendor or mortgagor obtain them. See v. Field, 2 T. Rep. 708. (l) 6 Co. 33. (See Caffe v. Waterhoufe, Prec. Ch. 29. (d) 6 Co. 5 b. 6 a. 7a. (1) All that precedes the habendum of a deed is ufually ftyled the premifes, i. c. præmentionata; though the word is ometimes, but improperly, ufed to denote the fubject of the grant or agreement. Shep. T. c. 5. or tenements (a), clofes, woods, lands, heredi- PURtaments and premises (b) hereinbefore mentioned CHASERS. and described, and hereby (c) granted and re The proper office or ufe of this part of the deed is to expain, by appropriate recitals, the object of the grant; to name and define the grantor and grantee; to comprife and accurately define, either by exprefs defcriptions, or by fuch as by reference may be reduced to a certainty, the fubject of the grant, and the thing excepted, if any, out of the grant; and in this part of the deed is alfo ufually, though unneceffarily, mentioned the eftate, or quantity of intereft, intended to be conveyed to the grantee. For the expofition and operation of the habendum, how har it may enlarge, abridge, explain, or qualify the premises, lee Shep. Touch. ch. 5. 2 Blac. Com. 298. The habendum properly fucceeds the premifes in a deed, and generally comprises a fhort repetition of the defcription of the thing granted. This, however, is not neceffary, the proper office of the habendum being to specify the quantity of eftate or intereft which it is intended the grantee fhould poffes in the lands, and under the grantee, to what ufe or purpofe, and in what manner, See 2 Co. 55 a. b. 5 16. 77 b. 9 lb. 476. 48 a. 10 Ib. 107 b. 1 Plow. 196 b. 197. 151 a. Com3. 330, 339. 66 The tenendum in a deed was formerly used to denote of whom, and by what tenure or services the eftate granted was holden. Co. Lit. 6. 9 Co. 130. But when thofe were by the fatute Quia emptores (12 Car. 2. c. 24.) reduced into free and common foccage, it was no longer of any use, and was therefore, for the most part, omitted altogether." Shep. Touch. 83. It was afterwards however revived, though for what reafon does not appear; and it is ftill univerally retained in practice, and is employed in fpecifying the estate or intereft which it is intended the grantee fhould enjoy, in the thing granted; though this is frequently alfo named before in the premises. (a) Moor. c. 82. Mod. 82. 355. (b) Hob. 276. Plow. 196b. 151 a. Skin. 532. 533. For the import of meffuages, lands, tenements, and hereditaments, fee 3 Atk. 82. Moore, 24 pl. 82. Ib. 221. 1 Сто. 41. 346. 3 Ib. 15, 16. 113, 114. (c) 11 Co. 51 a. PUR leafed, or intended fo to be (a), with their and CHASERS. every of their rights (b), members and appurte nances, unto the faid M. G. his heirs (c) and (d) affigns, to the only use and behoof of the faid M. G. his heirs and affigns for ever (e), and to (a) See Coker v. Farewell, 2 P. Williams, 563, and quære whether this language is not better than "mentioned, or intended fo to be;" and fee Herring v. Roe, 1 Atk. 290. Taylor v. Beverfham, 2 Ch. Ca. 194, where a fmall parcel, which the general words of the conveyance were fufficient to comprife, held not to pass. (b) Hob. 242. 335, 336. 8 Co. 54 a. (c) 2 Lev. 60. Raym. 234. 316, 317. Luc. 371. Fitzgib. 116. 117. and Raym. 334. Skin. 559. (d) See the conftruction of copulative words in conveyances, 3 Co. 39. 4 Ib. 41.50. 79, 80. 7 Ib. 7, 8. 8 Ib. 85. 154. and, when taken disjunctively, 2 Inft. 120. Lit. Rep. 210. Anderf. 133. 161. Salk. 640. (e) Quære if these words neceffary in the release which enures to the ufe of releafee; but they are proper, vid. Lord Raym. 801. and note diftinction there, and 7 Mod. 71. If the eftate he intended to be fo conveyed as to prevent the right of dower of the purchafer's wife attaching upon it, it may be limited to the faid purchafer, his heirs and affigns, to the ule of fuch perfon and perfons, for such estate and estates, intereft and interefts, and to and for fuch ends, intents and purpoles, and upon fuch trufts, and charged and chargeable in fuch manner, and fubje&t to fuch power of revocation, and new appointment, and other powers, provifos, conditions, limitations, declarations, and agreements, as the faid purchaser fhall, at any time or times, and from time to time, by any deed or deeds, inftrument or inftruments in writing, to be fealed and delivered by him in the prefence of, and attefted by two or more credible witneffes, direct, limit, or appoint; † and in de+ Or it may be thus: "And fault of, and until fuch direction, limitation, or appointment, or for want of in cafe any fuch fhall be made, then fubject thereto, and when fuch direction, and as the eftate or eftates, intereft or interefts, thereby directed, limitation, or limited, appointed, or created, fhall refpectively end and determine, appointment, and in the mean time fubject thereto, and as to fuch part or parts direction, limi- of the fame premifes, and all fuch eftate, and intereft therein, of tation, or appointment shall be made, and until fuch eftate and estates fo directed, limited, or appointed, shall refpectively commence, and take effect, and as fuch eftate or cftates fo directed, limited, or appointed, shall refpectively end and determine, and as to fuch part or parts of the fame premifes whereof no fuch direction, limitation, or appointment fhall be made," to the ufe, &c. and until fuch |