mentd] indre of lease, Habendum to, "the pchaser, his exs, PREC. VII. ads, and assigns," subject to rent and covenants, p. 362, form XIII., Covenant by purchaser to indemnify vendor against rent, &c., p. 393.

IN WITNESS, &c.

VIII.

CONVEYANCE of FREEHOLDS by MORTGAGOR and

MORTGAGEE to a purchaser. VARIATIONS where the
mortgage was by DEMISE, where there has been a
TRANSFER and FURTHER CHARGE, and other
dealings with the mortgage; also where PART of the
PURCHASE MONEY is paid to the MORTGAGEE, in
part discharge of the mortgage debt, and where the
WHOLE of the PURCHASE MONEY is paid to the
MORTGAGOR. Also where CONCISE RECITALS are
inserted (a).

PREC. VIII.

PARTIES A., mortgagor, 1; B., mortgagee, 2; C., purchaser, 3. Recite mortgage in fee [by demise for 1000 Recitals. years] from A. to B., p. 320; [Transfer and further charge,

debt.

p. 323.] [Contract for sale by A. to C. p. 337.] AND State of WHAS the sd sum of £- still remains due to the sd mortgage B. on the secy of the sd indre of, &c., but all interest thon has been paid up to the date of these presents (b): AND WHAS it has been agrd that the sd sum of £

Agreement

of mort

gagee to

(a) If the mortgage is equitable only, it may and should (in order to keep join. it off the title), be discharged by a simple receipt on the deed or memorandum of charge, and the property conveyed as unincumbered; see Dav. Prec., vol. ii. pt. 2, 4th ed., 277, 821.

(b) Instead of the recitals in the text to this point, the following may be substituted, if it is desired to avoid detailed recitals of the dealings with the mortgage:

"WHAS the sd A. is seised in fee simple in possion of the Variation hereds hby assured free from incumbrances, except the for concise

recitals.

PREC. VIII. shall be paid to the sd A. out of the sd pchase money, and that he shall concur in these presents in manner hinafter appearing (c): NOW THIS INDRE WITNETH that

Witnesseth.

Variation where

mortgagee

part of

purchase

principal sum of £— [sums of £— and £—] secured
thon with interest, by a mtge in fee simple, dated, &c., and
expd, &c. [and a deed of transfer and further charge, dated,
&c., and expd, &c.], which sd principal sum of £— [sums
of £- and £ making togr the sum of £-], togr
with the secs for the same has [have], by the effect of divers
mesne assurances, acts in the law, and events, and ulti-
mately by an indre dated, &c., and expd, &c., become vested
in the sd B., but all interest on the sd sum of £-
paid up to the date of the presents."

has been

(c) If no part of the purchase-money is to be paid to the mortgagee, the recital will state that the principal with " some interest" is due (or this recital may be omitted), and continue,

"AND WHAS, the sd B. having other sufficient secy for the principal monies and interest secured by the sd indre of receives no mtge [indres of mtge and further charge] of, &c., it has been agrd that the whole of the sd pchase-money shall be paid to the sd A., and that the sd B. shall concur in these presents in mner hinafter appearing." The consideration will be, “in conson of the sum of £paid by the sd C. to the sd A., with the consent of the sd B. (the rect, &c.), and of the premes."

money.

Where

receives

part of purchase

If part of the purchase-money is to be paid to the mortgagee in part discharge of the mortgage, the recitals after stating the amount due on the mortgage will continue,

"AND WHAS it has been agrd that the sum of £——, pt of mortgagee the sd pchase-money, shall be pd to the sd B., in pt discharge of the sd mtge debt and interest so due to the sd B. as afsd, and that he shall concur, &c., as above." The consideration will be, "In conson of the sum of £-- now pd by the sd C., by the direction of the sd A., in mner following, namely, the sum of £, pt thof to the sd B., in discharge of the sum of £— so due to him for interest, and in pt discharge of

money in part discharge.

in psuance of the sd recited agreemt and in conson of the PREC. VIII. sum of £- - now paid by the sd C., at the request (d) of the Considerasd A., in mner following, namely, the sum of £pt thof tion. to the sd B., in full [pt] discharge of the moneys owing to him under his sd mtge, secy as afsd (the rect whof the sd B. doth hby acknowledge) and the sum of £residue thof to the sd A. (the rect and paymt in mner afsd of which respive sums, making togr the sd pchase money of £, the sd A. doth hby acknowledge), the sd B., as mtgee (e), by the direction of the sd A. (f), doth hby grant and release, and Grant

the sum of £- so due to him for principal as afsd (the rect, &c.), and the sum of £, the residue thof to the sd A. (the rect, &c.)."

The rest of the precedent will follow the form in the text, except as mentioned in note (e).

(d) If all the purchase-money is paid to the mortgagee, say, "at the request of the sd B. to the sd A., the receipt whereof he, the sd A., and the paymt whof in mner afsd he, the sd B., doth hby acknowledge."

(e) See p. 366, note. The words "as mtgee," imply the usual cove- Implied nant against incumbrances by the person conveying in that capacity; covenants. and the words "as beneficial owner," imply covenants for title by A. as to his own acts and those of B. If the mortgagee is not paid off in full, as he is not compellable to join, he should convey "at the request," and not "by the direction" of the vendor; but if the mortgage was created by the vendor his statutory covenants for title would still extend to the acts of the mortgagee as being a person claiming under" him; there would, however, in that case be an inaccuracy in the covenant for right to convey, see p. 366, note. If it is wished to obviate this, the words, "as beneficial owner," should be omitted, and the statutory covenants incorporated by a separate clause, see form XIII, p. 384. If it is desired to use

66

the full express covenants, omit the words " as mtgee," and " as beneficial owner," and insert covenants by B. against incumbrances, p. 379, and by A. for title, p. 365, after the habendum.

for mort

gage by

(f) Where the mortgage is by demise say, "and to the intent that Variation the sd term of years created by the sd indre of mtge may merge in the reversion of the hereds comprd thin and demise. hby assured, doth hby assign, surrender,and rele, and the sd A., &c."

VOL. I.

E E

Haben. dum.

PREC. VIII. the sd A., as beneficial owner (g), doth hby grant and confirm unto the sd C., his hrs and assigns, parcels p. 344, omitting general words and estate clause, see pp. 357, 359. TO HOLD the same premes UNTO AND TO THE USE of the sd C., his hrs and assigns, discharged from all principal moneys and interest intd to be secured by and from all claims and demands under the hinbefore recited indre of, &c. If B. retains the deeds add acknowledgment [and undertaking] by him as to production, p. 391, see p. 407, note (k).

IN WITNESS, &c.

PREC. IX.

Recitals

IX.

CONVEYANCE of FREEHOLDS, COPYHOLDS and
LEASEHOLDS with the concurrence of FIRST AND
SECOND MORTGAGEES of the FREEHOLDS, the
LATTER being also MORTGAGEES of the COPYHOLDS
and LEASEHOLDS.

PARTIES, A., vendor, 1; B. and C., mortgagees of freeholds, 2; D., second mortgagee of freeholds, and mortgagee of leaseholds and copyholds, 3; E., purchaser, 4. Recite mortgage in fee to B. and C. of freeholds, p. 320, omitting the covenant for payment; Lease under which leaseholds are held, p. 325; Mortgage to D. of freeholds (subject to the prior mortgage), of the copyholds by covenant to surrender, and of the leaseholds by demise or assignment, p. 321; Conditional surrender of copyholds to D., p. 321; Contract for sale, p. 337; Agreement for apportionment of purchase money for stamp duty as to copyholds, p. 340; State of mortgage debts, principal due

(g) See note (e), last page.

(h) As to a mortgagee giving a covenant for safe custody, see p. 391, note. For full form of covenant or undertaking for production if it is desired to use it, see p. 386.

nesseth.

with some interest," p. 340; AND WHAS it has been agrd PREC. IX. that the whole of the sd pchase-money shall be paid to the sd A., and that the sd B. and C., and also the sd. D., shall concur in these presents in mner hinafter appearing; Agreement as to muniments, p. 341: NOW THIS INDRE, &c., Witthat in psuance, &c., and in conson of the sum of £apportioned purchase money for the freeholds and leaseholds, now paid by the sd E. to the sd A. with the consent of the sd B. and C. and also of the sd D. (the rect, &c.), and in conson of the premes they the sd B. and C. as mtgees (a), at the request of the sd A., do hby grant and rele, and Grant. the sd D. as mtgee (a), at the request of the sd A., doth hby grant and rele, and the sd A., as beneficial owner (a) doth hby grant and confirm unto the sd E., his hrs and assigns, freehold parcels, p. 344, omitting general words and estate clause, see pp. 357, 359; Habendum to C. in fee, free from the mortgages, p. 361. AND THIS INDRE FURTHER Further WITNETH that in psuance, &c., and for the conson afsd, the sd D., as mtgee (a), at the request of the sd A. (b), doth hby assign and rele, and the sd A., as beneficial owner (a), doth hby assign and confirm, &c., assignment of lease- Assignholds to E., for residue of term, free from the mortgage, subject to the rent and covenants, p. 413. AND THIS INDRE Further ALSO WITNETH that in psuance, &c., and in conson of the sum of £, apportioned purchase money for copy- Covenant holds, now paid by the sd E. to the sd A., with the consent render of the sd D. (the rect, &c.) and in conson of the premes, copyholds. covenant by A. to surrender copyholds to E. in fee, p. 410;

discharged from all principal monies and interest, &c."

secured by the mortgage, p. 361, form vIII., and declaration of

(a) See p. 365, note, p. 417, note (e). For the express covenant against incumbrances by B., C., and D., see p. 380, and for the covenants for title by A., see p. 365.

witnesseth.

ment.

witnesseth.

to sur

for mortof

(b) If the mortgage of the leaseholds was by demise say, "to the intent Variation that the sd term created by the sd indre of mtge of, &c., gage may merge in the sd term created by the sd indre of lease, leaseholds doth hby assign, surrender, and release."

by demise.