PURCHASES. be in the hands of the mortgagee, the conveyance should be enrolled or accompanied by a bargain and sale for that purpose, for the form of which, see ante, p. 346.

Equity of Redemption.

Receipt.
Provisoes, &c.

Stamp.

For forms of receipts for consideration money, see No. XVI. ante, p. 185, et seq.

For various provisoes to be inserted in purchase deeds to adapt them to the intention of the parties, or circumstances of the title, see No. XVI. ante, p. 160, also riders at end of No. XXVI. p. 188, et seq.

As to the stamp, see stamp act, ante, end of the INTRODUC

TION.

PURCHASES.

Equity of Redemption.

Variation (A)

Where the mortgage was for a term of years, and the mortgagee becomes the purchaser.

AND WHEREAS, there is now due to the said (mortgagee)
for principal and interest on his said in part recited mort-
gage the sum of £
, AND WHEREAS, the said prin-

cipal and interest money, so due upon the security of the
said premises, is considered to be the full value of the in-
heritance thereof, and the said (mortgagor) has requested
the said (mortgagee) to accept of a conveyance to him and
his heirs, in satisfaction of his said debt, which the said
(mortgagee) has consented to do, in and in pursuance there-
of, by indentures of lease and release, already prepared and
engrossed, the release bearing or intended to bear even
date herewith, and made between, &c. the reversion and
inheritance of the said premises, are intended to be conveyed
forthwith to him accordingly. AND WHEREAS, for the pur-
poses of keeping on foot the said term of 500 years, the
said (mortgagee) has requested the said (mortgagor) to
concur with him in assigning the same to the said A. B.
in the manner hereinafter expressed, previously to his
taking
a conveyance of the said inheritance, and which said
(mortgagee) has also agreed to do. Now THEREFORE THIS Witness.
INDENTURE WITNESSETH, that for purposes aforesaid, and in
consideration of the sum of 10s. of lawful current money of
England, to the said (mortgagee) in hand, well and truly paid
by the said A. B. at the time of the sealing and delivery of
these presents, the receipt whereof is hereby acknowledged, he
the said (mortgagee) with the privity and consent of the said
(mortgagor) testified by his sealing and delivery of these
presents, HATH bargained, sold, assigned, transferred, and
set over, and by these presents Doтн bargain, sell, assign,
transfer, and set over; and the said (mortgagor) at the re-
quest of the said (mortgagee) testified in like manner, and

Equity of Redemption.

PURCHASES. for the considerations expressed in the said indenture of release hereinbefore mentioned as bearing or intended to bear even date with these presents, HATH bargained, sold, assigned, ratified, and confirmed, and by these presents DоTH bargain, sell, assign, ratify, and confirm unto the said A. B. his executors, administrators, and assigns, ALL those the said messuages, lands, tenements, hereditaments, and all and singular other premises comprised in the hereinbefore in part recited indenture of demise, by way of mortgage, bearing or mentioned to bear date the day of

Mortgagee assigns.

To hold for residue of said term.

In trust to attend, &c.

and thereby demised, or otherwise assured unto the said (mortgagee), or intended so to be as aforesaid, and which said hereditaments and premises are the same hereditaments and premises as those of which the reversion and inheritance is intended to be conveyed to the said (mortgagee) and his heirs by the hereinbefore recited indenture of release mentioned to bear even date herewith. TO HAVE AND TO HOLD, to the said messuages, lands, tenements, hereditaments, and other the premises hereby bargained, sold, and assigned, or otherwise assured or intended so to be, unto him the said (purchaser), his executors, administrators, and assigns, for and during all the residue or 'remainder now to come and unexpired, of or in the said term of 500 years, so by the said indenture of the demised as aforesaid, BUT IN TRUST nevertheless, for the said (purchaser), his heirs and assigns, and to attend and wait upon the reversion and inheritance of the same premises accordingly. IN WITNESS, &c.

the

day of

Release of the Reversion.

THIS INDENTURE made the

Lord

day of

in

year of the reign, &c. and in the year of our
BETWEEN (the vendor) of &c. of the one part,

and (the purchaser) of &c. of the other part.
by indentures bearing date the

day of

WHEREAS

and

made between, &c. the said (vendor) demised the heredita-
ments hereinafter described, to the said (purchaser) for the
term of 500 years, by way of mortgage, for securing the re-
payment of the sum of £
with interest at the

Equity of Redemption.

vendor releases

times therein mentioned. AND WHEREAS, the said sum was PURCHASES. not paid at the time therein appointed for payment thereof, whereby the said premises became forfeited at law, but were and still are redeemable in equity; and there is now due for principal and interest on the said security, the sum of which is considered to be the full value of the reversion and inheritance of the said premises, wherefore the said (vendor) has proposed to the said (purchaser) to accept of a release of the reversion and inheritance in satisfaction of his said debts, which he has consented to do. Now THIS Witness INDENTURE WITNESSETH, that in consideration of the sum reversion. of £ so now justly due and owing to the said (vendor) by the said (purchaser) upon the security of the hereditaments hereinafter described, as hereinbefore is mentioned, and which he the said (vendor) doth hereby fully acknowledge, and also for and in consideration of the sum of 10s. also paid to the said (vendor) by the said (purchaser), the receipt, &c. He the said (vendor) HATH granted, bargained, sold, aliened, and released, and by these presents DOTH grant, bargain, sell, alien, and release, and confirm unto the said (purchaser), ALL, &c. and which said messuages, hereditaments, &c. are the same hereditaments as were demised to him by the said (purchaser) by the said in part recited indentures as aforesaid, and the reversion and inheritance thereof, and all the estate, &c. To hold, &c. to the said (purchaser) his heirs and assigns for ever. Add usual covenants for title or not, as ante, p. 368. n. (2).

PURCHASES.

Undivided

Moiety, &c.

No. XXVI.

Conveyance of a Moiety or other undivided Part of
Freehold Hereditaments to a Purchaser (1).

Variations where such Moiety, &c. is holden in Jointtenancy, in Co-parcenary, or in Common.

Where a Co-tenant is the Purchaser.

Where the Vendor's Wife is entitled to Dower.

Where the Conveyance to the Purchaser is intended to be to uses to prevent Dower, &c. &c. as in margin below.

Vendor jointtenant, tenant in common or co-parcenary.

THIS INDENTURE Of

parts, made the

(1) Whether the estate of which a moiety or other part is intended to be conveyed to a purchaser be holden in joint-tenantcy, in co-parcenary, or in common, such moiety, &c. may be conveyed to a stranger by any mode of conveyance calculated to pass the freehold ; but if the conveyance be made to a co-tenant, some distinctions must be attended to; as if the estate be holden in joint-tenancy, (where the several tenants are, to all purposes, equally seised of the parts of their respective companions, as of their own) a simple release will be a sufficient, and a proper mode of conveyance; and if it be holden in co-parcenary, it may also be by a release alone, or by lease and release, bargain and sale, or feoffment; but if it be holden by two or more persons as tenants in common, the share of one of them cannot be conveyed to the other by a simple release for want of possession in the releasee; and consequently must be conveyed by some species of assurance calculated to transfer the possession, which may be done by either of the species of assurance last mentioned. See the reasons of these distinctions, Watk. Princ. bk. 1. c. 1 ; 3 Elem. Conv. c. 8 and 9.