Advowfon, Messuages, Lands, Tenements and He reditaments above mentioned, and every Part and Parcel thereof, with the Appurtenances, without the Let, Trouble, Hindrance, Molestation, Interruption and Denial of him the faid L. N. his Heirs and Assigns, and of all and every other Person and Persons whatsoever claiming, or to claim, by, from or under him. In Witness, &c. A Release of Equity of Redemption of Lands mortgaged in Fee, in which Mortgage there was a Covenant to levy a Fine, which Fine accordingly was levied; and in Confideration of a further Sum the Lands are absolutely conveyed, and the Fine is declared to be to the only Use of the Mortgagee, &c, TH His Indenture made, &c. Between I. O. of, &c. and A. his Wife of the one Part, and J. B. of, &c. of the other Part: Whereas by Indenture of Release bearing Date, &c. made or mentioned to be made between the said I. Q. and A. his Wife of the one Part, and the faid J. B. of the other Part; the faid I. O. and A. his Wife for and in Consideration of the Sum of, &c. did grant, bargain, fell, alien, release and confirm unto the faid J. B. (in his actual Possession then being, by Vertue of a Bargain and Sale to him thereof made by the said I. O. and his Wife, by Indenture bearing Date the Day next before the Day of the Date of the said Indenture of Release for the Term of one whole Year, and by Force of the Statute for transferring of Ufes into Poffeffion) and to his Heirs, All that Mef fuage, &c. To hold unto the said J. B. his Heirs and Affigns, to the only proper Ufe and Behoof of the faid J. B. his Heirs and Assigns for ever; Subject nevertheless to a certain Proviso or Condition therein contained to this Effect, That if the said I. O. his Heirs, Executors or Administrators, should well and truly pay or cause to be paid unto the said J. B. his Heirs, Executors, Administrators or Assigns, at or in, &c. the full Sum of, &c. in and upon, &c. without making any Deduction or Abatement whatsover out of the fame, for or by Reason of any Taxes, Affeffments or other Payments whatsoever, ordinary or extraordinary, then the said Indenture of Release, and every Thing therein contained, should cease, determine, and be void: In which faid recited Indenture of Release (amongst divers other Covenants, Conditions and Agreements) is contained a Covenant, that the said I. O. and A. his Wife, should before the End of the then present Hillary Term, in due Form of Law, ac knowledge and levy to the said J. B. and his Heirs, one Fine, Sur conuzance de droit come ceo, c. with Proclamations, according to the Form of the Statute in that Case made and provided, of the said Messuage or Tenement and Premisses, and every Part and Parcel thereof, with the Appurtenances, by such apt Names and Quantities, and in such Manner and Form, as by the said J. B. or his Councel Learned in the Law, should be reasonably devised, advised and required: Which said Fine, so as aforesaid, or in any other Manner to be levied, and all and every other Fine or Fines, had or levied, or to be had or levied by the said I. O. and A. his Wife, or either of them, of the said Messuage or Tenement and Premisses, was declared to be and enure to the only proper Use and Behoof of the faid J. B. his Heirs and Affigns for ever; fubject nevertheless to the Proviso or Condition aforesaid, as in and by the faid recited Indenture of Release (Relation being thereunto had) more fully and at large it it doth and may appear. And whereas a Fine - was afterwards in the fame Hillary Term levied and acknowledged of the said Premisses by the faid I. O. and A. his Wife, unto the faid J. B. and his Heirs, in Pursuance of the faid Covenant in the faid recited Indenture of Releafe mentioned and contained. And whereas the said J. B. hath agreed with the said I. O. for an absolute and undefeasible Estate in Fee-Simple of, and in the faid Messuage or Tenement and Premisses abovementioned for the further Sum of, &c. Now this Indenture witnesseth, That for and in Confideration of the faid further Sum of, &c. of, &c. to them the said I. O. and A. his Wife in Hand paid by the faid J. B. the Receipt whereof he the faid I. O. and A. his Wife, do hereby acknowledge, and thereof, and of every Part thereof, do acquit and discharge the faid J. B. his Heirs, Executors and Adminiftrators by these Presents, he the faid I. O. and A. his Wife, Have granted, ratified and confirmed, and by these Presents do for them, and their Heirs, grant, ratify and confirm unto the said J. B. his Heirs and Afsigns, the said Messuage or Tenement, and all and fingular other the Premisses, and every Part and Parcel thereof, with the Appurtenances, in the faid recited Indenture of Release mentioned. And also the faid I. O. and A. his Wife, Have remised, released and for ever quit claim ed, and by these Presents do remife, &c. unto the faid J. B. his Heirs and Afssigns, and every of them the said Proviso or Condition in the faid recited Indenture of Release mentioned and contained; and all Right and Power of Redemption of the faid Meffuage or Tenement and Premif ses, which they the faid I. O. and A. his Wife, have or either of them hath or can or may have or claim either in Law or Equity, by Vertue of the faid Proviso or Condition: And also all the Estate, Right, Title, Interest, Claim and Demand whatsoever of them the said I. O. and A. his Wife, of, in or to the faid Messuage or Tenement and Premisses; and of, in and to every or any Partor Parcel thereof, with their and every of their Appurtenances. To have and to bold the said Messuage or Tenement, and all and fingular other the Premisses hereby granted, released and confirmed, or mentioned or intended to be hereby granted, released and confirmed, and every Part and Parcel thereof, with the Ap purtenances, unto the faid J. B. his Heirs and Afsigns, to the only proper Ufe and Behoof of the faid J. B. his Heirs and Assigns, for ever: And that fully, freely and absolutely without any manner of Condition, Proviso or Limitation whatsoever. And the faid I. O. for himself, his Heirs, Executors and Administrators, doth covenant and grant to and with the faid J. B. his Heirs and Assigns, by these Presents in Manner following (that is to say) That he the faid I. Ο. now hath good Right, full Power, and lawful and absolute Authority, to grant, release and confirm the said Messuage or Tenement and Premisses, unto the said J. B. his Heirs and Assigns, in Manner and Form aforesaid. And that it shall and may be lawful to and for the said J. B. his Heirs and Assigns, from Time to Time and at all Times for ever hereafter, peaceably and quietly to have, hold and enjoy all and fingular the faid Premiffes and every Part and Parcel thereof, with the Appurtenances, without the Let, Trouble, Molestation, Interruption or Denial of them the faid I. O. and. A. his Wife, their Heirs, Executors, Adminiftrators or Assigns, or of or by any 2 any other Person or Persons whatsoever claiming or to claim, by, from or under him, her, them or any or either of them. And also, That the said Fine, so in and by the said recited Indenture of Release covenanted to be levied of the said Premisses by the said I. O. and A. his Wife, to the said J. B. and his Heirs, and afterwards by them acknowledged and levied as aforesaid, shall be and enure, and shall be deemed, adjudged, and taken to be and enure, and is hereby declared, concluded and agreed by and between the faid Parties to these Presents, to be and enure to the only proper Ufe and Behoof of the faid J. B. his Heirs and Assigns for ever, freed and difcharged of and from the Proviso or Condition in the faid recited Indenture of Release mentioned and contained, and of and from all other Provisoes, Conditions or Limitations whatsoever, and to and for no other Use, Intent or Purpose whatsoever. And further, That he the faid I. O. and A. his Wife, their and either of their Heirs and Assigns, and all and every other Person and Persons whatsoever, having or lawfully claiming any Estate, Right, Title or Interest, of, in or to the said Premisses or any Part thereof, by, from or under them, or either of them, shall and will from Time to Time, and at all Times hereafter, within the Space of seven Years from the Date hereof, upon the reasonable Request, and at the Costs and Charges of the faid J. B. his Heirs or Afsigns, make, do and execute, or cause or procure to be made, done and executed All and every such further and other lawful and reasonable Grants, A&s and Afsurances in the Law whatsoever, for the further, better and more perfect and absolute granting, conveying and assuring of all and fingular the faid Premisses above. li |