278 PURCHASES. (the purchaser) of, &c. Freeholds, of the other part (1). WHEREAS by indentures of lease and release, and Leaseholds. bearing date respectively on or about the Recital of title. and days of the release being of year parts, and made or expressed to be made between A B therein mentioned to be of, &c. and by a certain surrender made on or about the day of in which was in the year pursuance of a covenant for that purpose contained in the said indenture of release, the several freehold and copyhold messuages, lands, and hereditaments hereinafter described and intended to be hereby granted, released, and covenanted to be surrendered respectively, were, for valuable considerations therein mentioned, conveyed and assured unto and to the use of the said (vendor) his heirs and assigns. Of contract for AND WHEREAS, &c. (2). AND WHEREAS the said (purchaser) hath contracted with (3) the said (vendor) for the absolute purchase of all and singular the said freehold, copyhold, and leasehold hereditaments, at the sum of £ the purchase. Leaseholds. Auction, &c. and hath requested that the same respectively (1) If the vendor took to uses to prevent dower, see No. XXXIV. If the vendor did not take to such uses, but the purchaser is desirous of taking to such uses, see ante, No. XXVIII. If the vendor took with such uses and the purchaser is also to take to like uses, see post, No. XXXV. (2) Recite here (shortly) the lease (and assignment if any) under which the vendor is entitled. (3) If the estate was sold by public auction, or otherwise than by private contract, sce unte, No. XVI. p. 463, n. (4). Copyholds, and Leaseholds. may be conveyed and assured to him in the PURCHASES. manner hereinafter expressed. AND WHEREAS it Freeholds, has been agreed by and between the said (vendor) and (purchaser) that the said sum of £ to be paid for the whole of the said hereditaments, of the considershall be apportioned in the manner following, (that is to say) that the sum of £ SO part Apportionment ation money. WITNESS, the sideration of the purchase vendor in con thereof shall be considered as and for the value (1) As to the apportionment of the consideration, see ante, Consideration. No. XX, p. 261, n. (3). This apportionment, however, is required only in respect of the freehold and copyhold part of the premises, and not of the leasehold, see 55 Geo. 3. p. 1569, and ante, p. 261, n. (3). (2) If the consideration be otherwise than money paid at the Consideration. time of the execution of the conveyance, see ante, No. XVI. p. 165, 167, 185. If the consideration for the copyhold is not to be paid till the surrender, see ante, No. XX. p. 262, n. (3). Freeholds, Copyholds, and Leaseholds. leases the free holds. Purcels. PURCHASES. ditaments hereinafter described, as well freehold and copyhold, as leasehold, the said (vendor) doth hereby acknowledge, [and of and from the same doth fully and absolutely acquit, release, discharge, and exonerate the said (purchaser) his heirs, executors, administrators, and assigns]. He Grants and re- the said (vendor) HATH granted, bargained, sold, aliened, and released, and by these presents DoтH grant, bargain, sell, alien, release, and confirm unto the said (purchaser) and his heirs, ALL that freehold messuage (1), &c. or howsoever otherwise the said messuages, lands, tenements, and hereditaments, or any of them, now are, or is, or heretofore were or was situated, tenanted, called, known, described, or distinguished; and also all other the freehold messuages, lands, tenements, and hereditaments, (if any) which are comprised in, or described by a certain indenture of bargain and sale for a year, hereinafter referred General appar to. ToGETHER with all [houses, out-houses, buildings, barns, stables, coach-houses, dovehouses, yards, cellars, vaults, areas, benefit and advantage of ancient and other lights, ways, paths, passages, gardens, orchards, ponds, waters, land covered with water, watercourses, timber tenances, Description of parcels. Mulety, &c. Remainder, &c. (1) Here describe the subject of the conveyance by its ancient and present name, situation, tenantcy, &c.-See descriptions applicable to different species of property, Index voce PARCELS, and ante, No. XV. p. 128, n. (13). If the vendor be entitled to a moiety or other portion only of the estate, see the mode of description, &c. post, No. XXVI. If in remainder or reversion, expectant upon the determination of any prior estate, see No. XXIV. Freeholds, Copyholds, and Leaseholds. bargain and sale and other trees, woods, underwoods, and the PURCHASES. ground and soil thereof, mines, quarries, rights and privileges of common of every kind], and all and all manner of [other] rights, privileges, advantages, appendants, and appurtenances whatsoever to the said messuages, lands, tenements, hereditaments, and premises, or any of them, or any part thereof respectively belonging, or in anywise appertaining, [or reputed, or deemed so to be, or with the same or any of them, now or heretofore holden, used, occupied, or enjoyed]; (ALL which said freehold messuages, lands, tene- Reference to the ments, and hereditaments are now in the actual for a year. possession of, or legally vested in the said (purchaser) by virtue of a bargain and sale (1) to him thereof made by the said (vendor) (for five shillings in consideration) by indenture bearing or intending to bear date on the day next before the day of the date of these presents, for the term of one year, [commencing from the day next preceding the day of the date of the same indenture], and by force of the statute made for transferring uses into possession) [and the reversion and reversions, remainder and remainders, of and in the said hereditaments and premises respectively]; and all and singular the rents, issues, profits, and proceeds, of the same: AND all the estate, right, title, interest, use, trust, property, possession, possibility, claim, and demand whatsoever, both at law and in equity, of him the said (vendor), in, (1) See the form of this bargain and sale, No. XIII. p. 110, and XIV. p. 117, and see ante, p. 166, n. (22), Freeholds, and Leaseholds. Grant of title deeas. PURCHASES. to, out of, upon, or respecting the said hereditaments and premises, or any of them. [TOGETHER with all deeds, muniments, copies of court roll and other evidences of title whatsoever, which in anywise relate to the said freehold hereditaments or to the copyhold premises hereinafter covenanted to be surrendered, or any or either of them, or any part thereof respectively either alone or together with other hereditaments or property of inferior value, and which now are or hereafter shall or may be in the possession or lawful power of the said (vendor), his heirs, or of any other person or persons from whom he or they can or may procure the same, without action or suit at law or in equity; and true and attested and other copies, (duly stampt) when [and as often as, and within a reasonable time after] the said (purchaser), his heirs or assigns shall require the same (1), of all other deeds, muniments, writings, and evidences, (not being of record) so in his or their custody or power, as aforesaid, which in anywise relate to the same freehold or copyhold hereditaments and premises, or any of them, or any part of the same respectively, jointly with other hereditaments or property of equal or greater value, such copies, when first required, to be made and delivered at the expense of the said (vendor), his heirs, executors, or administrators, but all future copies to be made and taken at the expense of the And copies. Schedule. (1) If a covenant be added for production of scheduled deeds not delivered, add as ante, No. XX. p. 265, n. (1). |