Lease for a Year, short form.

PURCHASES. lands, tenements, hereditaments, and all and singular other the premises hereinbefore bargained and sold or intended so to be, unto the said (purchaser) (11v), his executors, administrators, and assigns, from the day next before (12) the day of the date of these presents, for and during and unto the full end and term of one whole year (13) thence next ensuing, and fully to be complete and ended (14); YIELDING AND PAYING (15), therefore unto the said (vendor), his heirs or assigns, the rent of one peppercorn on the last day of the said term, if the same shall be lawfully demanded. TO THE INTENT and purpose, that by virtue of these presents, and by force of the statute made for transferring uses into possession (16 v), the said (purchaser)(17 v) may be put into and be in

Uses to bar dower.

Estate for life.

Lease at com. mon law.

Reversion

(11) If the conveyance be intended to be made to the purchaser and a trustee to bar dower, say,

"Unto the said (purchaser) and (trustee), their executors, administrators, and assigns."

(12) See ante, No. XIII. p. 114, n. (9).

(13) See ibid, n. (10).

(14) If the conveyance be of an estate for life only, add, "If the said (vendor) shall so long live."

(15) See ante, No. XIII. p. 115, n. (1F).

(16) If the conveyance be by persons who are incapable of being seised to an use, and a lease at common law be therefore necessary, instead of the words in the text say,

"To the intent and purpose that by virtue of these presents, and of actual entry to be had and made into and upon, and possession taken of the said demised premises, the said ( purchaser) may be enabled, &c.” as above.

(17) If the conveyance be of a remainder or reversion, say,

Lease for a Year, short form.

the full and actual possession of all and singular PURCHASES. the premises hereby bargained and sold or intended so to be, and thereby be enabled to accept (18) and take a grant and release of the freehold, reversion, and inheritance thereof, to or for the use of him the said (purchaser) (19 v), his heirs and assigns, by and according to the form and effect and true intent and meaning of a certain indenture of grant and release (20) already prepared and engrossed, and intended to bear date the day next after the day of the date of these presents, and made or expressed to be made between the same persons as are parties hereto. IN WITNESS, &C.

"The said hereditaments so in remainder or reversion expectant as aforesaid may become and be legally and fully vested in the said (purchaser), so and in such manner that he may be enabled to take a release of the freehold and inheritance, &c." as above.

(18) If the conveyance be of an estate for life, say,

66

Accept and take, a grant and release of the freehold and reversion thereof, to or for the use of him the said (purchaser), his heirs and assigns, during the life of the said (vendor), according, &c." as above.

Estate for life.

(19) If the release be intended to be made to uses, either to Release to uses, prevent dower or for any other purpose, say,

"To them the said (purchaser) and (trustee) and their heirs, to such uses, upon such trusts, and for such ends, intents, and purposes as in and by a certain indenture of release already prepared and engrossed, and bearing or intended to bear date on the day next after the day of the date of these presents, and made or expressed to be made between the same persons as are parties hereto, are or shall or may be declared or expressed of or concerning the same." (20) See ante, No. XIII. p. 116, n. (12).

PURCHASES.

Release.

No. XV.

A Release (1) of the Inheritance in Freehold Lands from a Vendor to a Purchaser, to be accompanied by a Bargain and Sale (or Lease) for a Year.

Parties.

Recital, that vendor is seised in fee.

Year of reign not necessary.

The time of delivery is the true date of a deed.

THIS INDENTURE of two parts, made the

day of

in the >

year of the reign (2) of our Sovereign Lord George the fourth, by the grace of God of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, and in the year of our Lord (3), BETWEEN (the vendor) of, &c. of the one part, and

of the other part.

(the purchaser) of, &c.
WHEREAS the said (vendor) is seised in his demesne
as of fee by descent from his ancestors of the

(1) See ante, p. 110, n. (1), as to the nature, &c. of this species of release.

(2) It is not material that the year of the reign of the king should be mentioned; see Dodson v. Hayes, Yelv. 193. Cromwell v. Grunsden, 2 Salk. 462.

(3) As deeds, anciently, could not be pleaded after time of memory, they in general bore no date, Co. Litt. 6, a. nor is the date now essential, as the time of the delivery is the actual datus or date from which the operation of the deed commences; but as the want of a date would in many cases be attended with great inconvenience, by putting the purchaser to prove the time of delivery, it is evidently proper that it should be inserted.

Release.

Contract for

several messuages, lands, and hereditaments here- PURCHASES. inafter described (4). AND WHEREAS the said (purchaser) hath contracted with the said (vendor) for the absolute purchase of the said messuages, purchase. lands, tenements, and hereditaments, and the inheritance in fee-simple in possession thereof, free from incumbrances, (other than as hereinafter is mentioned) at or for the price or sum of £ and the same are now intended to be conveyed to him and his heirs in the manner hereinafter expressed. Now THIS INDENTURE WITNESSETH, that INDENTURE in pursuance and execution of the said contract, that in consiand in consideration of the sum of £

WITNESSETH,

deration of the

(5) of purchase

money.

(4) In Browning v. Wright, 2 Bos. and Pul. 25, Lord Eldon, Recital of seisin. Ch. J. seems to have considered that the recital by a vendor of his being seised in fee, &c. amounted to a warranty of title; and see Johnson v. Proctor, Yelv. 175. Cro. Eliz. 809. Cro. Jac. 233, S. C.; if so, such recital is dangerous, but it does not seem that there can be any ground for such construction; for as a recital is no direct assertion, it cannot conclude the party, Co. Litt. 352 b. unless it be a special recital, in which case it may work an estoppel against the party making it averring any thing to the contrary; see Rees v. Lloyd, Wightw. 123; but otherwise of a general recital, ibid. and Roll. Ab. 872.

(5) There is not any actual necessity for a consideration to be mentioned in a release, in order to its validity as such, see Shortridge v. Lamplugh, 2 Salk. 678. 3 ibid. 386, S. C. 2 Lord Raym. 798, S. C. But see now 48 Geo. III. c. 149, sec. 22, by which it is enacted under heavy penalties both to the solicitor and purchaser," that in all sales of land or other property, upon the conveyance of which the ad valorem duty is payable, the full purchase or consideration money, directly or indirectly paid or secured or agreed to be paid, shall be set forth in words at length in the principal, or the only deed or instrument." And to prevent the conveyance being void as against creditors and third persons, the consideration must be actually paid. See Doe dem. Willis v. Martin, 4 Durnf. and E. 39.

No consideration necessary in conveyance by release.

But the consideration actually paid must be stated.

Release.

FURCHASES. lawful money (6) of the United Kingdom of Great Britain and Ireland, of English value and currency, to the said (vendor) in hand well and truly paid by the said (purchaser) at or immediately before the sealing and delivery of these presents, the receipt whereof, and that the same is in full for the absolute purchase of the inheritance in fee-simple, in possession, of the messuages, lands, tenements, and hereditaments hereinafter described, the said (vendor) doth hereby acknowledge, and of and from the same, and every part thereof, doth acquit, release, exonerate and for ever discharge the said (purchaser), his heirs, executors, administrators, and assigns, and also the said messuages, lands, tenements, and hereditaments (7), as well by these presents as by the

Lawful money.

Purchase money, if not

table lien on

the land.

(6) Lawful money of England consists of gold and silver, 2 Inst. 577. 3 Inst. 17, and is of two sorts, viz. English money coined by the king's authority, or foreign coin made current in the realm by the king's proclamation, Co. Litt. 207 b: there is, however, at this time no foreign money in circulation.

(7) The vendor has an equitable lien on the land for the purpaid, is an equi- chase money if not paid; see Pollexfen v. Moore, 3 Atk. 272. Chapman. Turner, 1 Vern. 267. Blackburn v. Gregson, 1 Brow. Ch. Ca. 420. Hughes v. Kearney, 1 Sch. and Lef. 132. Mackreth v. Simmonds, 15 Ves. 329; and this lien descends upon the heirs, and extends to all others who claim under the vendor with notice of the nonpayment, Charles v. Andrews, 9 Mod. 151, 153, although purchasing for a valuable consideration, Gibbons v. Baddall, 2 Eq. Ca. Ab. 682, D. n. (b). Elliot . Edwards, 3 Bos. and Pul. 181. Trimmer v. Bayne, 7 Ves. jun. 508. 9 ibid. 209, and even without notice if the conveyance be voluntary, or be effected by operation of law, Fowler v. Heelis, Amb. 724. Walker v. Preswick, 2 Ves. 622. Exp. Hunter, 6 Ves. jun. 94. Bowles v. Rogers, 6 Ves. jun. 95, n. (a).