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heirs, executors, or administrators, defended, pro- PURCHASES. tected, and indemnified from, and against all Reversion, &c. former and other [gifts, grants, bargains and sales, releases, settlements, mortgages, demises, leases, contracts, devises, wills, conveyances, assurances, descents, uses, trusts, limitations, entails, conditions, estate, right and title of or to dower, remainders or reversions in the crown or elsewhere, judgments, decrees, recognizances, statutes, extents, executions, sequestrations, elegits, debts of record, debts due to the king or any of his predecessors, legacies, portions, annuities, rents of all kinds, forfeitures, rights of entry, and cause and causes thereof, fines, amerciaments, and all and singular other] estates, rights, titles, interests, charges, and incumbrances whatsoever, which at any time or times heretofore or hereafter have been, or shall or may be made, created, executed, committed, or knowingly occasioned, or suffered by the said (vendor) or his heirs (1), or any other person or persons, now or hereafter lawfully and rightfully claiming or possessing any estate, right, title, or interest, either at law or in equity, from, through, under, or in trust for him or them, or by or through his or their acts, means, defaults, consent, or privity. AND moreover that he the said (vendor) and his heirs, and all and every other

persons or person, now or at any time hereafter rightfully intitled either at law or in equity to

Covenant for

further as

surance.

VOL. I.

(1) See ante, p. 350, n. (3).

A A

Reversion, &c.

PURCHASES. the messuages, lands, tenements, hereditaments, and premises, hereinbefore granted and released or otherwise assured, or intended so to be as aforesaid, or any part thereof, or any estate or interest therein, from, through, under, or in trust for him or them (1), shall and will from time to time, and at all times hereafter, upon every reasonable request, and at the costs and expense of the said (purchaser) his heirs or assigns, make, do, acknowledge, levy, suffer, execute, and perfect, [or cause and procure to be made, done, acknowledged, levied, suffered, executed, and perfected], all and every such further and other lawful and reasonable acts, deeds, conveyances, matters, and things whatsoever, [whether by fine or fines, with or without proclamations, common recovery or common recoveries, release, confirmation, declaration or limitation of or to any use or uses, deed or deeds enrolled, the enrolment of these presents, or other proper assurance or assurances, of record or not of record], for the further, better, more perfectly, and absolutely or satisfactorily granting, releasing, conveying, confirming, and assuring the same hereditaments and premises, now in remainder or reversion as aforesaid, during the continuance of the estate for life of the said (tenant for life), and the possession thereof upon and immediately after the

(1) If the vendor be entitled by devise or descent, add, “or the said (devisor or ancestor) deceased, (other than the said (tenan for life) so far as concerns his life-estate or interest therein."

Reversion, &c.

decease or other sooner determination of the PURCHASES. estate for life of him the said (tenant for life), with their and every of their rights, members, appendants, and appurtenances, unto and to and for the use, behoof, and benefit of the said (purchaser) his heirs and assigns, free from incumbrances as aforesaid, in such manner and form as he the said (purchaser) his heirs or assigns, or his or their counsel in the law (being of the degree of a barrister) shall advise and require, [and prepare and tender for execution (if the nature thereof permit), so that such further assurance or assurances, or any of them, do not contain or imply any further or other warranty or covenant than against or on the part of the person or persons who shall be required to make or execute the same, his, her, or their devisors, ancestors, heirs, executors, and administrators, and his, her, or their own respective acts, deeds, omissions, or defaults; and so that the person or persons, who shall be required to make or execute any such assurance or assurances, be not obliged to go from his, her, or their then place or respective places of abode for the making or executing the same, without a reasonable and sufficient sum being previously paid, tendered, or secured to him, her, or them, for or in respect of his, her, or their time, trouble, and expenses, which said acts, deeds, and assurances respectively, shall be and enure (unless otherwise declared or expressed), in confirmation of these presents, and of the estate and interest mentioned or intended to be hereby granted and

PURCHASES. released, or otherwise assured] (1). IN WITReversion, &c. NESS, &c.

Title deeds.

Provisocs, &c.

Execution, &c.

(1) If any of the title deeds in the possession of the vendor relate to other lands of the vendor of greater or equal value, add a covenant for their production, as ante, p. 183, 196, but limiting the time of production as to such as are in the possession of the tenant for life, “ from and after the decease, or other sooner determination of the estate for life of the said (tenant for life)," or prepare a separate deed for that purpose, agreeably to the form referred to, INDEX voce DEEDS, with a similar qualification.

See various provisoes, &c. to be added for answering particular intentions of parties, or circumstances of title, No. XVI. ante, p. 160, and also the riders at the end of No. XVI. ante, p. 188, et seq.

As to the mode of execution, attestation, form of receipt for consideration money, &c. see No. XVI. p. 185, et seq.

Stamp.

As to the inrolment of this conveyance, see ante, p. 345. By the late stamp acts, it is enacted that where property is conveyed by lease and release, or feoffment, and by bargain and sale enrolled, the release or feoffment shall be deemed the principal deed with respect to the ad valorem duty, and the bargain and sale be charged only with a common deed stamp, and see ante, end of the INTRODUCTION.

PURCHASES.

Equity of Redemption.

No. XXV.

Conveyance by Lease and Release (1) of an Equity
of Redemption of Freehold Lands to a Pur-
chaser, the Mortgage being in Fee.

Variations where the Mortgage was for a Term.
Where the Mortgagee himself is the Purchaser.

Where the Conveyance is by indorsement on the Mort-
gage Deed.

Where it is of a Part only of the Premises mortgaged.
Where Part of the Premises are Copyhold.

THIS INDENTURE, of two parts, made the

(1) As an equity of redemption cannot be made the subject of a statutable use, it being considered in the nature of a trust estate, and capable of being aliened only as such, Boscarick v. Burton, 1 Chan. Ca. 217, Philips v. Hale, 1 Rep. Chan. 190, (the legal estate being in the mortgagee) (sed vid. Shrapnel v. Vernon, 2 Bro. Chan. Rep. 271, where it is said, that an equity of redemption may be the subject of a bargain and sale, and see 1 Atk. 605. 2 ib. 15), the most scientifical mode of conveying this species of property is by grant, or assignment, if it be made to a stranger, and by a common release if to the mortgagee himself; but a leuse and release is more usually adopted, in order that should there be any legal interest remaining in the mortgagor, by reason of any defect in the mortgage deeds, it may pass by the bargain and sale for a year, and give effect to the release as the conveyance of a reversionary estate, and should there not be it will pass by the word "grant" in the one case, and "release" in the other. And per Hardwicke, Chancellor," an equity of redemption has always been considered as an estate in the land, and not a mere right only, but such an estate of which there may be a seisin," 1 Atk. 605.

Mode of con

veying an equity of re

demption.

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