holds are subject to a covenant against assignment without licence (see Bishop v. Taylor, 1891, 39 W. R. 542). All estates prior to the vendor's should be shown to have determined, unless the persons in whom they are vested are to join in the conveyance; thus the death of life tenants, tenants by the curtesy, and annuitants, should be proved by production of certificates of death, while in the case of a prior estate tail, the death of the tenant in tail and failure of his issue should be proved, and a search for disentailing deeds made. Dower is now seldom an incumbrance, except where a prior owner has died intestate, but in that case its release should be procured. Any subsisting mortgage should be required to be released by the mortgagee, and in the case of registered land, the proprietor of any registered charge should be required to join in the transfer and to deliver up his certificate of charge to the registrar to be cancelled (see 60 & 61 Vict. c. 65, s. 8); and where the contract does not mention any tenancy, a lease must be treated as an incumbrance (see Caballero v. Henty, 1874, L. R. 9 Ch. 447). If any owner in fee, life tenant, or annuitant has died within twelve years preceding the sale, evidence should be given of the discharge of all succession duty payable on his death; but any succession before that period may be disregarded, in reliance on sec. 12 of 52 Vict. c. 7. So, evidence of payment of any temporary estate duty, payable under the Inland Revenue Act, 1889, or of any estate duty and settlement estate duty, payable under the Finance Act, 1894, should be furnished. In the case of leaseholds, all succession duty should be shown to be discharged; but, except where freedom from succession duty is dependent thereon, no inquiry need be made as to whether the right amount of probate or estate duty has been paid (see In re Culverhouse, [1896] 2 Ch. 251). As to settlement estate duty, however, see 59 & 60 Vict. c. 28, s. 19. Inquiry should be made of the vestry or local authority as to the existence of any statutory charge for paving or sewering expenses or private street works; and if the work is complete at the date of the contract or before the time fixed for completion, the vendor should be required to discharge it (see In re Bettesworth and Richer, 1888, 37 Ch. D. 535; Stock v. Meakin, [1900] 1 Ch. 683; In re Allen & Driscoll, [1904] 2 Ch. 226). Inquiry should in general be made whether the vendor has executed any settlement, as, although no answer may be received beyond a reference to In re Ford and Hill, 1879, 10 Ch. D. 365, the inquiry calls attention to the point, and throws the responsibility of any suppression on the vendor's solicitor, if he does not trouble to ascertain whether such an instrument exists. Where the vendor is a mortgagor, selling an equity of redemption, inquiry should be made of the mortgagee as to the amount owing on his security, at the same time informing him of the intended purchase. Occupying tenants should be interrogated as to the nature of their holding, and the person to whom they pay rent (see Holmes v. Powell, 1856, 8 De G., M. & G. 572; 44 E. R. 510); and if they are found to pay rent to a stranger, inquiry should be made of him as to his interest, notwithstanding the decision in Hunt v. Luck, [1902] 1 Ch. 428. The old searches for judgments, Crown debts and executions are rendered unnecessary by the Act 63 & 64 Vict. c. 26, s. 2; but searches should be made against the vendor for writs and orders, lis pendens, annuities and rent charges, deeds of arrangement and land charges, and for bankruptcy, liquidation, and composition proceedings, unless he is merely a trustee or mortgagee, in which case a search for lis pendens seems to be in general sufficient. See SEARCHES. If the property is freehold or leasehold, and is situate in Middlesex or Yorkshire, the local registry should be searched (except in the case of registered land), see REGISTRATION OF DEEDS; and, in the case of copyholds, a search should be made in the Court rolls, to see that no instruments are omitted from the abstract. All these searches should in general be carried back to the last purchase for value. The public index map of registered land and list of pending applications for registration should be searched at the Land Registry to see if they include the property. Production of the abstracted deeds and documents, including, in the case of registered land, the land certificate, should in all cases be required for the purpose of ascertaining that they are correctly abstracted, and have not been handed to a mortgagee or lost. If the recent title-deeds are lost, the title cannot be considered as marketable; but the mere fact of some of the earlier title-deeds having been lost is no objection, if from their age or nature their absence does not render the title doubtful (see Sugden, Vendors and Purchasers, 437). A title may be good without any deeds, as where the vendor holds under a succession of wills (see Bulley v. Bulley, 1874, L. R. 9 Ch. 747); but great caution is necessary to make sure that no deeds exist, and that their absence is not due to their having been deposited as a security. [See Preston, Abstracts of Title, 2nd ed., 1823; Atkinson, Marketable Titles, 1833; Gardenor, Directions for Drawing Abstracts of Title, 2nd ed., 1847; Moore, Instructions for Preparing Abstracts of Title, 4th ed., 1886; Comyns, Exercises on Abstracts of Title, 5th ed., 1895; Bythewood and Jarman, Precedents in Conveyancing, 4th ed., 1884, vol. i.; Sugden, Vendors and Purchasers, 14th ed., 1862, ch. x. to xii.; Dart, Vendors and Purchasers, 7th ed., 1905, ch. viii.; Prideaux, Precedents in Conveyancing, 19th ed., 1904, vol. i.; Clerke and Humphry, Sales of Land, 1885, ch. viii.; Emmet, Notes on Perusing Titles, 5th ed., 1903; Dickins, Requisitions on Title, 2nd ed., 1898; Encyclopædia of Forms and Precedents, 1902, vol. i.; Jackson and Gosset, Investigation of Title, 2nd ed., 1899; Gover, Advising on Title, 4th ed., 1905.] PRECEDENTS. NOTE.—Arrangement of Margins. In preparing Abstracts the following is the order which is generally adopted with regard to the arrangement of clauses of documents, &c., in the several margins 1st Margin. The dates of events and of documents abstracted. 2nd Margin. Names and descriptions of parties, witnessing parts, powers, provisoes, agreements, covenants, conditions, headings relating to different parts of a property, acts of parliament, decrees and orders of the courts, reports and certificates of masters, chief clerks, &c., certificates generally, statements of fact, and all other matters not assigned to the inner margins. 3rd Margin. The recitals, habendums. 4th Margin. Uses, trusts. 5th Margin. Parcels, estate clauses, general words, exceptions and reservations, execution and attestation of documents, probates of wills. Many practitioners, however, put covenants in the 4th margin (if long), or in a 6th margin (if short), and general words also in the 6th margin. (Moore on Abstracts, p. 78.) I. ABSTRACT OF THE TITLE of JOHN WHITE, ROBERT SMITH, and THOMAS BROWN (Mortgagees selling under their Statutory powers of Sale), to certain Freehold Messuages and Hereditaments in the Parish of Thorpe, in the North Riding of Yorkshire. Dec. 8 INDENTURES OF LEASE AND RELEASE, by way of mortgage, 1840. BETWEEN William Watts, of the one part, and John Murray, of the & 9, other part. IT WAS WITNESSED, in consideration of £1,000 to said William Watts, paid by said John Murray, said William Watts did grant, bargain, sell, remise, and confirm, unto said John Murray, his heirs and assigns (inter alia), ALL that messuage or tenement, with the yard, orchard, barn, and other appurtenances unto the same belonging, commonly called Drake's, in the parish of Thorpe, in the North Riding of the county of York, in a street there, called Jock's End, between the King's highway or street there on the west part thereof; the messuage thereinafter mentioned and a land sometimes called Smith's way, on the north part thereof; a field called Scott's field, on the east part; and an inn, called the Cavalier, on the south part thereof; and then in the tenure or occupation of Thomas Wood, his under-tenants, or assigns: AND ALSO ALL that other messuage, cottage, or tenement, situate, standing, and being in Thorpe aforesaid, in the said street called Jock's End, and adjoining to the aforesaid messuage or tenement, and commonly called or known by the name or sign of the Old Plough, being then in the tenure or occupation of Mary Edwards and John Metcalf, or one of them, their, or one of their assigns, or under-tenants: AND ALSO ALL and singular other the freehold messuages, cottages, lands, tenements, hereditaments, and premises whatsoever of him said William Watts, situate, lying, and being in Thorpe aforesaid; AND all and singular cellars, sollars, &c.; AND the reversion, &c.; AND all the estate, &c.: TO HOLD the same unto the said John Murray and his heirs : ever. 1. See Conveyancing and Law of Property Act, 1881 (44 & 45 Vict. c. 41), Sects. 19, 20, 21 and 22. & 9, Dec. 8 PROVISO for making void the now abstracting indenture, on payment, by said William Watts, of £1,000, with lawful interest, on the 8th June, then next. 1840. 1844. COVENANT for payment of said £1,000 with interest. COVENANT by said William Watts, that he had right to convey; FREE from incumbrances; THAT he was well seised; FOR quiet enjoyment by mortgagee after default; FREE from incumbrances; FOR further assurance after default; PROVISO for mortgagor's quiet enjoyment until default; EXECUTED by all parties, attested, and RECEIPT for considera- REGISTERED at Northallerton, 27th February, 1841. B. 2, Sept. 8, INDENTURE OF RELEASE, made in pursuance of the Act passed in the 4th and 5th years of the reign of her Majesty Queen Victoria, and intituled "An Act for rendering a Release as effectual for the Conveyance of Freehold Estates as a Lease and Release by the same Parties," BETWEEN said John Murray, of the first part; said William Watts, of the second part; and Henry Green, of the third part. RECITING the hereinbefore abstracted indentures of the 8th and 9th December, 1840. RECITING that the said principal sum of £1,000, secured by the said therein in part recited indentures, remained due to the said John Murray, together with £37, 10s. Od., interest to the day of the date thereof. IT WAS WITNESSED, that in consideration of the sum of £1,037, 10s. Od. to said John Murray, by direction of said William Watts, paid by said Henry Green in discharge of principal and interest due, and in consideration of the further sum of £722, 10s. Od. to said William Watts, paid by said Henry Green, said John Murray did bargain, sell, release, and for ever quit claim, and said William Watts did grant, ratify, release, and confirm unto said Henry Green, his heirs and assigns, ALL [the before abstracted premises]; AND all and singular cellars, sollars, &c. ; AND ALSO all and singular the freehold messuages, &c., of him, said William Watts, situate in the said parish of Thorpe ; AND the reversion, &c.; AND all the estate, &c. : TO HOLD the same unto said Henry Green, his heirs and assigns; TO THE ONLY PROPER USE and behoof of said Henry Green, his heirs and assigns, for ever. COVENANT by said John Murray that he had done no act to incumber. Sept. 8, COVENANT by said William Watts that he was well seised (subject 1844. 1854 only to the before abstracted indentures of mortgage): THAT he or said John Murray had right to convey, and for further assurance. EXECUTED by all parties, and attested, and RECEIPT for consideration indorsed. REGISTERED at Northallerton, 17th September, 1844. July 3, THE SAID HENRY GREEN, by his WILL, of this date, gave and devised his freehold messuages, lands, tenements, and hereditaments whatsoever, with appurtenances, situate in the parish of Thorpe, aforesaid. To John Foot, Thomas Wing, and Edward Morton, their heirs and assigns, IN TRUST, that they, or the survivors or survivor of them, his heirs and assigns, should, as soon as might be after his decease, sell and dispose of the same by public auction. AND for facilitating the sale thereof, he did order and direct that the receipts of the said John Foot, Thomas Wing, and Edward Morton, or either of them, should be sufficient discharges for such purchasemoney: And the said testator did give, devise, and bequeath the rents and profits of the said premises, and the purchase-money thereof, when sold, unto the several persons in his said will named, in manner therein mentioned: And the said testator appointed the said John Foot, Thomas Wing, and Edward Morton executors. EXECUTED by said testator, and attested by Thomas Reid and PROVED, 15th January, 1861, in the Principal Registry of the REGISTERED at Northallerton, 30th Jan. 1861. B. 2, No. 176. 1861. Feb. 6, INDENTURE BETWEEN said John Foot, Thomas Wing, and Edward RECITING the before abstracted will of said Henry Green; IT WAS WITNESSED, that, in performance of the trusts therein before ALL [the before abstracted premises]; TO HOLD the same unto said James Stone, his heirs and assigns: 1 The names of the witnesses to a will should always be stated, that it may be seen that no devise or bequest has been invalidated by the making the devisee or legatee a witness. |