of one part, and (the purchaser) of, &c and hath required that the same may be conveyed to him in the manner hereinafter expressed.] Now THIS INDENTURE WITNESSETH (4), that in pursuance and execution of the said contract, and in consideration of the sum of WITNESS the sideration of vendor in con the purchase money. (1) If the wife of the grantor have a title to dower out of the Wife. portion of the land to be conveyed, (which she may, if he be tenant in common or co-parcenary with his companion, but not if he be joint-tenant) make her a party, and see No. XXI. If the conveyance is intended to be made to uses to prevent Dower. a title to dower, see No. XXVIII. If the vendor took his part of the estate by purchase to uses Trustee. to prevent dower, see No. XXXIV. post. (2) For various recitals of title, &c. see INDEX voc. RECITAL. Recital. (3) If the estate was sold by public auction, or in any other Auction, &c. way than by private contract, see ante, No. XVI. p. 163. n. 4. et seq. &c. (4) For the reason and operation of such parts of the deed Construction, upon which no remarks are here made, see notes to No. XV. ante, p. 122. et seq. PURCHASES. of lawful money of the United Kingdom of Great Undivided Moiety, &c. Britain and Ireland, of English value and currency, to the said (vendor) in hand well and truly paid (1) by the said (purchaser) at or immediately before the sealing and delivery of these presents, the receipt whereof, [in full (2) for the absolute purchase of the inheritance in fee-simple, in possession, of one full and undivided moiety or half part (the whole into two equal parts, being considered as divided) of and in the messuages, lands, and hereditaments hereinafter described], the said (vendor) DOTH hereby acknowledge, [and of and from the same doth fully and absolutely acquit, release, exonerate, and discharge the said (purchaser), his heirs, executors, administrators, and assigns, and the said messuages, lands, and hereditaments, by these presents,] He the said (vendor) Grants and re- HATH granted, bargained, sold, aliened, and released, and by these presents DOTH grant, bargain, sell, alien, release, and confirm unto the said (purchaser) and his heirs, ALL that one leases the land, &c. Consideration. Bargain and sale enrolled. (1) If the consideration be other than money to be paid on the execution of the conveyance, see the variations subjoined or referred to in No. XVI. ante, p. 105. 107. (2) If part of the purchase money is retained under the circumstances mentioned at the foot of the precedent, say, "In part of or for the purchase," &c. If the release is intended to be accompanied by a bargain and sale to be enrolled, which will be proper if the vendor have not the possession of the title deeds, see ante, p. 171. n. (9). If part of the purchase money be retained on account of the minority of either of the co-tenants, see post, rider (A). Undivided Moiety, &c. full and undivided moiety, or half part (the PURCHASES. whole into two equal parts being considered as divided) of and in ALL (1), &c. or howsoever otherwise, the said messuages, lands, tenements, and hereditaments, or any part thereof now are, or is, or heretofore were or was situated, tenanted, called, known, described, or distinguished; [and also of and in all other the messuages, lands, tenements, and hereditaments (if any), which are comprised in a certain indenture of bargain and sale for a year hereinafter referred to as bearing date the day next before the date hereof (2)]. TOGETHER WITH a like moiety or half part of and General appurin all [houses (3), out-houses, buildings, barns, stables, coach-houses, dove-houses, yards, cellars, vaults, areas, benefit and advantage of ancient and other lights, ways, paths, passages, gardens, orchards, ponds, waters, land covered with water, water-courses, timber, and other trees, woods, underwoods, and the ground and soil thereof, tenances. (1) Here describe the subject of the conveyance by its present Parcels. and ancient name, situation, tenantcy, &c.—See No. XV. p. 128. n. (13.), XVI. p. 172. n. (1), and No. XXVII. and see descriptions applicable to different species of property, INDEX voce PARCELS. If the vendor be entitled to a remainder or reversion expectant Remainder, &c. upon any prior estate, see No. XXIV. (2) If the purchaser be a joint-tenant or co-parcener with Co-tenant purthe vendor, see next page, n. (2). chaser. (3) See general words applicable to different kinds of real General words. property, No. XVI. p. 172. n. (13), and INDEX voce GENERAL WORDS. VOL. I. C C Undivided Reference to the bargain and PURCHASES. mines, quarries, rights of common of every kind, and of and in all, and of all manner of other] Moiety, &c. rights, privileges, easements, appendants, and appurtenances whatsoever, to the said messuages, lands, tenements, hereditaments, and premises, or any part thereof respectively belonging, [or in anywise appertaining, or reputed or deemed so to be, or with the same or any part thereof now or heretofore holden, used, occupied, or enjoyed], except, sale for a year. &c. (if so), (ALL which said moiety or half part of and in the said messuages, lands, tenements, and hereditaments, is now in the actual possession (1) of, or legally vested in the said (purchaser) by virtue of a bargain and sale (2) to him thereof made by the said (vendor) for five shillings consideration, by indenture bearing date on the day next before the day of the date, [and executed previously to the sealing and delivery] 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 trans Remainder, &c. co-tenant. (1) If the estate be in remainder, &c. see No. XXIV. (2) See the form of the bargain and sale, ante, p. 110. 117. If the land be holden by the vendor in joint-tenancy or coparcenary with the person possessing the other moiety, &c. and his or her co-tenant be the purchaser, the conveyance may be by release alone, without any bargain and sale for a year, in which case the reference to that assurance must of course be omitted; but if the vendor be tenant in common with his cotenant, the bargain and sale for a year will be necessary. Undivided Moiety, &c. deeds. ferring uses into possession). And the reversion PURCHASES. and reversions, remainder and remainders, of and in the said hereditaments and premises, and every of them respectively; and of and in the rents, issues, profits, and proceeds thereof; 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, to, out of, upon, or respecting the said hereditaments and premises, or any part thereof. TOGETHER with all deeds, muniments, Grant of title writings, and evidences whatsoever, which in anywise relate to the same undivided moiety or half part and premises, or any part thereof, either alone or together with other hereditaments or property of inferior value, and which now are (1) or hereafter shall or may be in the possession or lawful power of the said (vendor) his heirs or assigns, or of any 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 And copies. attested copies (duly stampt) of all other deeds (2), muniments, writings, and evidences, (not being of record,) which now are or hereafter may be so in his or their custody or power as aforesaid, in (1) If the conveyance be of a remainder or reversion, see No. XXIV. Remainder, &c. (2) If a covenant be inserted for the production of scheduled Schedule. title deeds, add, 66 Comprised in the schedule hereunder written, or here unto annexed, and of all other, &c." as in the text. |