Vendor to Purchaser to uses to bur Dower. shall remain to in the manner and form hereinbefore expressed PURCHASES. concerning the same, and according to the true intent and meaning of these presents. AND further, that (1) all and singular the same hereditaments and premises, with their and every That the lands of their rights, members, appendants, and appur- the uses aforetenances, shall from time to time, and at all times said. hereafter, remain, continue, and be to the uses, upon the trusts, and for the ends and purposes hereinbefore declared or expressed concerning the same, and shall and may be holden, occupied, and enjoyed, and the rents, issues, profits, and proceeds thereof, received, retained, and applied accordingly, without any manner of hindrance, interruption, disturbance, claim, or demand whatsoever, by or from the said (vendor) or his heirs, or any person or persons now or hereafter claiming or possessing any estate, right, title, or interest, [at law or in equity,] in, to, or concerning the same, or any part thereof from, through, under, or in trust for him or them (2), (other than through, under, or by virtue of and so far main to afore said uses. (1) The above is the form which has been referred to in the Lands shall repreceding pages, as the most appropriate and correct where the conveyance is taken to a purchaser and his trustee for preventing dower, which, it will be perceived, differs from the usual covenant in purchase deeds, for quiet enjoyment by the purchaser and his heirs, where the estate is limited immediately to his and their use; but the variation is merely for the purpose of technical precision, and not therefore material, nor always attended to in practice. (2) If the vendor took by devise or descent, see ante, p. 451, Vendor taking n. (4), 452, note. by devise, &c. Vendor to Purchaser to uses to bar Dower. cumbrances. PURCHASES. as respects any such leases, or agreements for leases as aforesaid.) AND that free and clear, and clearly and absolutely discharged and exonerated, or otherwise by and at the expense of the said Free from in- (vendor) his heirs, executors, or administrators, effectually defended, protected, and indemnified from and against all former and other [feoffments, 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 in or to dower, remainders, 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, occasioned, or knowingly suffered by him the said (vendor) or his heirs, or any person or persons now or hereafter lawfully or rightfully claiming, or possessing any estate, right, title, or interest, [at law or in equity,] from, through, under, or in trust for him or them, or his or their acts, defaults, means, consent, or privity, (such leases and agreements as aforesaid only excepted.) AND moreover, that he the said (vendor) and his heirs, Covenant for further as surance. Vendor to Purchaser to uses to bar Dower. and all and every persons or person, now or at any PURCHASES. time hereafter rightfully claiming, or possessing any estate, right, title, or interest, [at law or in equity,] in, to, or respecting the hereditaments and premises hereby granted and released, or otherwise assured, or intended so to be, or any part thereof, from, through, under, or in trust for him or them, [other than persons claiming or entitled under or by virtue of such leases or agreements for leases as aforesaid, so far as respects their respective estates or interests under or by virtue of the same] 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, appointees, or assigns, make, do, acknowledge, levy, suffer, execute, and perfect, [or cause and procure to be made, done, acknowledged, levied, suffered, executed, and perfected, with all proper and sufficient despatch,] 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, deed or deeds enrolled, the enrollment of these presents, feoffment, release, confirmation, declaration, or limitation of or to any use or uses, or other assurance or assurances, of record or not of record,] for the further, better, more perfectly, and absolutely, or satisfactorily granting, releasing, conveying, assuring, and confirming the same hereditaments, and premises, or any part or parcel thereof, and the possession, Vendor to Purchaser to uses to bar Dower. PURCHASES. Teversion, and inheritance thereof, and the estate and interest expressed or intended to be hereby assured, with their and every of their rights, privileges, members, appendants, and appurtenances, to and for the use and behoof of the said (purchaser) his heirs, appointees, and assigns, in such manner and form as he or they, or his or their counsel in the law, (being of the degree of a barrister, shall lawfully and reasonably advise and require, [and prepare and tender (if the nature thereof permit) for his or their signature and execution; so that such further assurance or assurances do not contain nor 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, or 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 and expressed) in corroboration and confirmation of these presents, and of the estate and interest hereby, or mentioned or intended to be hereby granted and released, or otherwise conveyed or PURCHASES. Vendor to uses to bar (1) If any of the title deeds are retained by the vendor or his Production p. 196. deeds. For various provisoes, &c. to be inserted when required by Provisoes, &c. If an outstanding term be intended to be surrendered or as- ***As to the execution, attestation, or receipt for considera- Execution, &c. tion money, &c. &c. see No. XV. p. 158. n. (82); No. XVI. p. 184. n. (28). et seq.; and see also INTRODUCTION to p. xliv, |