AND the said (jointress) doth hereby for herself, her heirs, execu-
tors and administrators, covenant and declare with and to the said
(releasee), his heirs, executors, administrators and assigns, that she
the said (jointress) hath not at any time heretofore made, done, exe-
cuted or knowingly suffered any act, deed, matter or thing whatso-
ever, whereby or by reason or means whereof she is become, or can
or may be rendered incapable of or prevented from releasing or ex-
tinguishing the said annuity, yearly rent-charge, or annual sum of
L
so limited to her by the said in part recited indenture of
settlement, as hereinbefore is mentioned, or the powers and remedies
thereby given her for securing the regular payment of the same, or
exonerating or discharging the said lands and hereditaments of and
from the payment of the same, in the manner herein before mentioned,
and according to the true intent and meaning of these presents. IN
WITNESS, &c.

** See post.

"STAMP," Schedule.

Stamp.

RELEASE.

Judgment.

No. CCCCLVI.

A Release of Land from a Judgment, in order to enable the
Vendor to sell.

Recital of war rant of attorney to confess judg

ment.

ed up.

ment.

and

TO ALL TO WHOM THESE PRESENTS SHALL COME, (the releasor) of, &c. sendeth greeting. WHEREAS (the releasee) of, &c. some time since executed a warrant of attorney, empowering certain attorneys therein named to enter up a judgment against him in the court of at Westminster, in an action of debt for money had and received at the suit of the said (releasor), for the sum of £ Judgment enter- costs of suit. AND WHEREAS judgment was accordingly soon after entered up against the said (releasee) by virtue of the said warrant Agreement to of attorney. AND WHEREAS the said (releasee) being desirous of release premises from the judg- disposing of a part of his lands and hereditaments, hath requested the said (releasor) to release the same from the lien occasioned thereupon by the said judgment, which the said (releasor) being satisfied that the residue of the lands and hereditaments of the said (releasee) is a sufficient security for the said sum, hath agreed to do. NOW KNOW YE, that in pursuance of the said agreement, and for the purposes aforesaid, HE the said (releasor) HATH released, exonerated, and for ever discharged, and by these presents DOTH for himself, his heirs, executors, and administrators, wholly and absolutely release, exonerate, and for ever discharge ALL, &c. (1) of and from the judgment so entered up by virtue of the said hereinbefore in part recited warrant of attorney, as hereinbefore is mentioned, and also of and from all and every writ and writs of execution and executions, and all other writ or writs which now have or hath been, or at any time and from time to time hereafter shall or may be sued or issued

WITNESS.

The releasor releases the pre

mises from the judgment.

Parcels.

(1) Insert here a particular description of the premises intended to be released.

out or executed upon or against the said premises by virtue of the said judgment, or otherwise in relation thereto. He the said (releasor) hereby indemnifying, and promising and agreeing to save harmless and indemnify him the said (releasee), his heirs, executors, administrators, and assigns, of and from the same, and all costs, charges, damages, and expenses, which shall or may at any time or times be incurred or occasioned by reason of the said premises, or any of them, or any part thereof, being attached in execution, under or by virtue of such judgment, or otherwise howsoever in respect of the same. IN WITNESS, &c.

RELEASE.

Judgment.

*

See post. "STAMP", Schedule.

Stamp.

RELEASE.

Mortgage-money (part).

No. CCCCLVII.

A Release of a Part of Mortgage-Money, on its being paid off.

Parties.

Part of mortgage-money having been repaid.

WITNESS.

The mortgagee acknowledges the receipt.

And releases the mortgagor.

THIS INDENTURE made the

,

day of

in the year of

our Lord, 18 BETWEEN (the mortgagee) of, &c. of the one part,
and (the mortgagor) of, &c. of the other part. WHEREAS, &c. (1).
AND WHEREAS the said (mortgagor) hath this day paid unto the
said (mortgagee) the sum of £ in part of the said principal
sum of £
Now THIS INDENTURE WITNESSETH, that the

as

said (mortgagee) doth hereby confess and acknowledge that he hath
this day received of and from the said (mortgagor) the sum of
L
part of the said principal sum of £ so lent and ad-
vanced by him the said (mortgagee) to the said (mortgagor) upon
the security of the hereditaments and premises comprised in the said
hereinbefore in part recited indenture of the
day of
therein and herein before is mentioned, and all interest which hath
accrued due thereon unto and up to the day of the date of these
presents; and in consideration thereof, HATH, &c. and by these pre-
sents DOTH hereby for himself, his heirs, executors, administrators,
and assigns, acquit, release, exonerate, and for ever discharge the said
(mortgagor), his heirs, executors, and administrators, and likewise
all and singular the messuages, lands, tenements, and hereditaments
in the said in part recited indentures of mortgage described, of and
from the same sum of £ part of the said principal sum of

Ք
and of and from all actions, suits, cause and causes of ac-
tion and suit, and covenants, powers, remedies, and proceedings
whatsoever, for the recovery thereof, or of any interest for or in re-

Recitals.

·

(1) Recite here the mortgage, if in fee, as ante, p. 576; and if by demise, as ante, p. 600; and if of leasehold premises, as ante, p. 605.

spect of the same; and doth admit and declare that the sum of only, part and parcel of the said principal sum of £

L

RELEASE.

Mortgage-money (part).

PRO- Proviso that the release shall not

and no more, now remains due and unpaid from and by the said
(mortgagor) upon or by virtue of the said in part recited security,
or otherwise in respect of the said principal sum of L
VIDED ALWAYS, nevertheless, and it is hereby declared and agreed
by and between the said parties hereto, and the said (mortgagor)
for himself, his heirs, executors, and administrators, doth hereby ex-
pressly grant and declare, that the release and acquittance hereinbe-
fore contained or expressed of or concerning the said sum of £
part of the said principal sum of L
shall not in anywise pre-
judice or affect, or be deemed or construed to prejudice or affect the
title or right of him the said (mortgagee), his heirs, executors, or
administrators, to or concerning the residue of the said sum of

L or the interest thereof, or the estate or interest of him or
them or any of them in or concerning the hereditaments and pre-
mises aforesaid, or any of them, or any action, suit, covenant, power,
remedies, or means, at law or in equity, for recovering and compel-
ling payment of the said residue of the said sum of £
or for
foreclosing the equity of redemption of him the said (mortgagor),
his heirs or assigns, in the said hereditaments and premises, or any
part thereof; but that the estate, right, title, and interest of the said
(mortgagee), his heirs, executors, administrators, and assigns, of, in,
to, or concerning the said residue of the said sum of £

and

of, in, to, or concerning the said hereditaments, or any part thereof, shall at all times hereafter be and remain the same in all respects whatsoever, as if these presents had not been made, or as if the whole of the said sum of £ had still remained due and unpaid, any rule of law or equity to the contrary in any wise notwithstanding. IN WITNESS, &c.

prejudice the

rest of the se

curity.

See post. STAMP, Schedule.

SUP VOL. III.

YY

Stamp.