AGREEMENT privilege of parliament or any other privilege whatsoever which he the said (mortgagor) now hath, or shall or may have, enjoy, or be entitled to, in such and the same manner to all intents and purposes whatsoever, as he the said (mortgagee) his executors, administrators, and assigns might or could do in case the said (mortgagor) had not nor was entitled to any such or other privilege whatsoever. IN WITNESS, &c.
Agreement between Judgment Creditors and a Mortgagee, that the latter, though subsequent in time shall have priority in Payment.
TO ALL WHOM THESE PRESENTS shall come. unto and concern, Sir E. L. of, &c. dame A. his wife, L. Y. of, &c. spinster, and J. Y. of, &c. spinster, which said dame A., L. Y., and J. Y. are three of the sisters of the within named G. Y. and the within named R. C. and W. W. severally send greeting. WHEREAS the within named G. Y. now is and standeth justly indebted to the said Sir E. L. in right of the said dame A. his wife, and to the said L. Y. and J. Y. by bonds and judg-' ments, or otherwise in the several sums of money next hereinafter mentioned, (that is to say) To the said Sir E. L. in right of the said dame A. his wife, in the several principal sums of , making togeand also in
ther the principal sum of the sum of
for interest due thereon,
to the day of the date of these presents; To the said L. Y. in the several principal sums of
on to the day of the date of these presents; And to the said J. Y. in the several principal sums of , making together the principal
interest due thereon to the day of the date of these presents. AND in order to promote and facilitate such loan of the sum of to the said G. Y. as is within mentioned, and to obtain a mortgage of the equity of redemption of the within men- tioned manors, hereditaments, and premises, for securing such sums of money as are respectively due and owing to them from the said G. Y. as aforesaid, they the said E. L. and dame A. his wife, L. Y. & J. Y. are respectively consenting that all benefit of such process or execution as may at any time hereafter be sued out or taken upon the said judgments or any of them, (so far as such process shall affect or take in execution the said manors, hereditaments, and premises comprised in the within written indenture of mort- gage, or security for , or any of them, or any part thereof respectively,) shall in the first place be applicable to the payment of the said sum of and the interest thereof; and in the next place to the payment of such principal sums of money, and the interest thereof, as are intended to be secured to the said E. L. and dame A. his wife, L. Y. and J. Y. respectively, and to their respective executors, administrators, and assigns, in and by certain indentures of lease and release and appointment already prepared and in- tended to bear date the
present month of and made or mentioned to be made between the said E. Y. and A. his wife, of the first part, the said R. C. and W.W. of the second part, and the said E L. and dame A. his wife, L. Y. and J. Y. of the third part. Now THEREFORE THESE PRE- SENTS WITNESS, and in consideration of the pre- mises, and for the better securing the payment of the said sum of and interest within mentioned, to be secured to the said R. C. and W. W. their executors, administrators, and as- signs, the said E. L. for himself, his heirs, exe- cutors, and administrators, and for the said dame A. his wife, the said L Y. for herself, her heirs, executors, and administrators, and the said J. Y. for herself, her heirs, executors, and administra- tors, Do, and each and every of them DoтH, hereby covenant, promise, and agree to and with the said R. C. and W. W. their executors, administrators, and assigns, that all benefit and advantage of such process or execution as shall or may at any time or times hereafter be sued out, obtained, or taken upon the said judgments, or any of them, so far as such process shall affect or take in exe- cution the said manors and premises comprized in the within written mortgage or security for or any of them, or any part thereof respectively, shall in the first place be liable and applicable to the payment of the said sum of and the interest thereof, or so much thereof respectively as shall be then due and owing, and that subject thereto all benefit and advantage of such execution or executions as aforesaid, shall be ap, licable only to the pay- ment of such principal sums of money and the
interest thereof respectively as are in and by the AGREEMENT said indenture of release and appointment herein- before referred to, or intended to be secured to the said E. L. and dame A. his wife, L. Y. and J. Y. respectively, and to their respective exe- cutors, administrators, and assigns. PROVIDED
ALWAYS, and it is hereby expressly covenanted, declared, and agreed by and between the said E. L. and dame A. his wife, L. Y. and J. Y. and the said R. C. and W. W. to be their true intent and meaning that nothing in these presents con- tained shall extend or be deemed, construed, or taken to extend, to prevent, obstruct, or hinder them the said E L. and dame A. his wife, L. Y. and J. Y. or any of them, or their, or any of their respective executors, administrators, or assigns, from obtaining or recovering payment or satisfac- tion of or for the several principal sums of money by the said indenture of release and appointment intended to be secured, and the interest thereof, or any part thereof respectively, by virtue of or under any execution or executions, of, from, or out of, all or any part of such real or personal estate whereof the said G. Y. now is or at any time or times hereafter shall or may be seized, possessed, or entitled, other than and except the said manors, hereditaments, and premises com- prized in the within written mortgage or security for and interest, as fully and effectually to all intents and purposes as they, or any or either of them, might or could have done if these presents had not been made or entered into. IN WITNESS, &c.
Bonds and Assignment of Bonds and Warrants of Attor
ney, to enter up Judgment the Monies not being yet due, nor Judgments entered up.
THIS INDENTURE, made, &c. BETWEEN (assignor) of, &c. of the one part, and (assignee) Recites certain of, &c. of the other part. WHEREAS the (obligor) by three several bonds or obligations bearing date, &c. became bound to the said (assignor) each of them in the penal sum of and conditioned for the payment to the said (assignor) his executors, administrators, and assigns, of the sum of together with
And warrants of attorney.
lawful interest for the same, on the several days. therein respectively mentioned; AND WHEREAS the said (obligor) by three several warrants of attorney, also bearing date, &c. under his hand and seal, and directed to certain attornies of his Majesty's Court of King's Bench, at Westminster, therein named, authorized and empowered such attornies, or any of them, to enter up a judgment in the said court, on each of the said recited bonds for the respective penalties thereof, with costs of suit, which said judgments so to be entered up, were for better securing to the said (assignor) his executors, administrators, and assigns, the payment of the respective sums of money according to and in pursuance of the condition of the said several bonds, whereto the same respectively referred, together with interest That no part of and costs of suit. AND WHEREAS no part of the come due, nor principal monies for the security whereof the said recited bonds and warrants of attorney were so given as aforesaid, is yet become due and
any of the judgments
entered up.
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