A purchaser who takes the benefit of a conveyance will be bound in Equity by the covenants on his part contained in it, even though he has not executed it (g).

The personal representatives of a lessee under a continuing liability in respect of his covenants are now by statute (h) relieved from the personal risk they formerly incurred, by administering the estate without retaining a sufficient part of it, every claim which could possibly at any future time however distant be made under the covenants, in all cases where they shall have satisfied all such liabilities under the lease or agreement for a lease as may have accrued, due, and been claimed up to the time of their assignment, and shall have set apart a sufficient fund to answer any future claim that may be made in respect of any fixed and ascertained sum covenanted or agreed by the lessee to be laid out on the property demised or agreed to be demised, although the period for laying out the same may not have arrived, and shall have assigned the lease or agreement for a lease to a purchaser thereof. The statute however, does not prejudice the lessor's right to follow the assets of the deceased person into the hands of those among whom they may be distributed.

(g) Willson v. Leonard, 4 Beav. 373.

(h) 22 & 23 Vict. c. 35,

s. 27.

PRECEDENT I.

IN FEE.

1. Parties.

2. Witnesseth: 3. consideration,

4. receipt,

Conveyances without recitals.

Consideration, to whom paid.

I.

CONVEYANCE in FEE by a VENDOR seised in
Fee, his WIFE RELEASING her DowER.

day of

THIS INDENTURE, made the
Between A. B., of, &c. [vendor], and E. B., his wife, of
the one part, and C. D., of, &c. [purchaser], of the other
part (a), WITNESSETH, that in consideration of the
(b), upon the execution of these presents
sum of £-
paid by the said C. D. to the said A. B. for the purchase
of the fee simple in possession of the hereditaments here-
inafter expressed to be hereby granted (the receipt of
which sum of £ the said A. B. doth hereby acknow-
ledge) (c), he the said A. B. doth hereby grant, and she the

(a) With respect to the parties to a deed of conveyance, see ante, Vol. i. pp. 35 et seq. It will be found that the first six precedents of Conveyances on Sales in this collection do not contain any recital, the property being vested in the vendors for such simple absolute estates, or being subject to such simple absolute powers in the vendors, that no explanation of the relation of the parties to the subject-matter is required; and that recitals, if employed, would not render the deed more intelligible: see ante, Vol. i. pp. 41, 46. Under such circumstances it is unnecessary to state on the face of the conveyance, whether the sale was made by auction or by private contract, or whether or no a deposit has been previously made of part of the purchase money see Dart, ch. xii. s. 3.

(b) See the observations, ante, Vol. i. p. 59, on the consideration to be expressed in the deed, and the mode of describing it; and observe, that the whole of the consideration is expressed to be paid to the husband, although the wife releases her right of dower; it would be incorrect to allege the payment to the wife of a nominal consideration, as the conveyance is not intended to be enrolled and to operate as a bargain and sale under the Statute of Uses, ante, Vol. i. p. 61.

Receipt for (c) It was, until recently, usual (though for what reason it is difpurchase-money. ficult to understand) to add to the acknowledgment of the receipt of the purchase money a formal release from it, not only of the pur

PRECEDENT I.

IN FEE.

5. grant,

said E. B., with the concurrence of the said A. B., and for the purpose of extinguishing her right of dower, doth hereby release and dispose of (d) unto the said C. D., his heirs and assigns, ALL THAT messuage or farm-house and farm, with the several cottages and parcels of land 6. parcels (e), belonging thereto, known as Farm, situate in the

chaser himself but also of his heirs, executors, administrators, and assigns; but the practice is very properly becoming obsolete, and is not adopted in this collection of Precedents. The receipt, in whatever form, is in itself of little value, since, although it stops the recipient and those claiming under him from showing at Law that the money was not paid, yet there is no estoppel from showing at Law that part of the money was returned, or from showing in Equity that it was not paid. It is, however, the invariable practice to insert the receipt in the body of the deed, and a conveyance made for a valuable consideration, and not containing such a receipt, would probably be regarded with as much suspicion as a conveyance on which the usual indorsed receipt was altogether wanting, or was written in an irregular manner. See further on this subject, ante, Vol. i. p. 62; Dart, ch. xii. s. 4.

(d) The Fines and Recoveries Act requires that in a conveyance by a married woman, her husband shall concur in the deed, and that she shall acknowledge it; and with reference to such a conveyance it uses the words "dispose of," which, from abundant caution and an impression that they may possess some statutory value, are now generally employed as operative words of conveyance by married women. See further as to conveyances by married women, supra, p. 188.

(e) As to the meaning of the word "parcels," and the manner of describing the parcels in a conveyance, see the observations, ante, Vol. i. p. 75, et seq. In using a plan for the purpose of describing the parcels, care should be taken to have either a substantive description of the property in the body of the deed or in the schedule, so as to let the plan be merely in aid and explanation of the description; or else to insure perfect accuracy in the plan itself: this is particularly necessary where the land is cut up for building purposes, or is otherwise conveyed by reference to imaginary lines of demarcation: Dart, p. 345. So, where the occupancy of the property is referred to, care should be taken to have a substantive and sufficient independent description, otherwise the effect of the deed will depend upon evidence of the fact of occupancy, and nothing which cannot be strictly proved to have been so occupied will pass: Id. 346; Dyne v. Nutley, 14 C. B. 122.

Parcels, how to be described.

PRECEDENT I. parish of

IN FEE.

general words,

estate clause.

7. Habendum

to purchaser in fee;

8. Covenants for title-for

right to convey;

in the county of -, and more particularly described in the schedule hereto and in the map on these presents, and therein coloured, such schedule and map being respectively extracts from the apportionment of the tithe commutation rent-charge for the said parish, and from the map therein referred to: TOGETHER WITH (ƒ) all buildings, fixtures, commons, mines, minerals, fences, ways, lights, watercourses, sewers, rights, privileges, easements, advantages, and appurtenances whatsoever, to the said hereditaments or any of them appertaining, or with the same or any of them now or heretofore enjoyed, or reputed as part or member thereof, or appurtenant thereto : AND ALL the estate, right, title, interest, claim and demand of the said A. B. and E. B., and each of them, in, to, and upon the same premises: TO HAVE AND TO HOLD all the said premises herein before expressed to be hereby granted UNTO the said C. D., his heirs and assigns, To THE USE of the said 'C. D., his heirs and assigns, for ever (g): AND THE SAID A. B. doth hereby, for himself, his heirs, executors, and administrators, covenant (h) with the said C. D., his heirs

General words.

Covenants for title-with whom entered into and to

whose acts extended.

4

(f) As has been previously mentioned, ante, Vol. i. p. 86, the introduction into a conveyance of "general words " is almost, and of "all the estate" clause is altogether, useless; the practice of inserting these clauses in conveyances is, however, universal. Forms of general words suited to other kinds of property will be found ante, Vol. i. pp. 401-3. The old custom of adding a grant of "the reversion" and of "all deeds" is now wholly obsolete as well as unnecessary: see Vol. i. p. 524, Dart, p. 349.

(g) If the purchaser were married to his wife before the 1st of January, 1834, the conveyance should be to dower uses, see Precedent II., p. 211. As to the propriety of barring dower, see supra, p. 179.

(h) With respect to the forms of covenants for title, and the persons by and with whom they should be entered into in a conveyance on a sale, see ante, Vol. i. pp. 100 et seq., p. 189, n. (c); and supra, p. 184. The covenants in the text are in the form most generally useful; and they meet the case of a vendor taking the estate by a succession of devises and descents; and may be employed on all occasions when the conveyance is in fee. A form of covenants where the vendor acquired his estate by purchase is given, infra, p. 213.

IN FEE.

*cumbrances;

and assigns, that, notwithstanding anything by him the PRECEDENT I. said A. B., or any of his ancestors or testators, or by the said E. B. done, omitted, or knowingly suffered, they the said A. B. and E. B. now have power to grant and dispose of all the said premises hereinbefore expressed to be hereby granted to the use of the said C. D., his heirs and assigns; AND THAT the same premises shall for quiet enjoyment, at all times remain and be to the use of the said C. D., his heirs and assigns, and be quietly entered into and upon and held and enjoyed, and the rents and profits thereof received by him and them accordingly, without any interruption or disturbance by the said A. B. and E. B., or either of them, or any person claiming through or in trust for them, or either of them, or any of the ancestors or testators of the said A. B.; AND THAT free and discharged from, or otherwise by him the said A. B., -free from inhis heirs, executors, or administrators, sufficiently indemnified against all estates, incumbrances, claims, and demands created, occasioned, or made by the said A. B. and E. B., and the ancestors and testators of the said A. B., or any of them, or any person claiming through or in trust for them, or any of them; AND FURTHER -for further that the said A. B. and E. B. respectively, and every person having or claiming any estate or interest in the said premises through or in trust for them, or either of them, or any of the ancestors or testators of the said A. B., will at all times, at the cost of the said C. D., his heirs or assigns, execute and do every such assurance and thing for the further or more perfectly assuring all or any of the said premises to the use of the said C. D., his heirs and assigns, as by him or them shall be reasonably required. IN WITNESS, &c.

THE SCHEDULE above referred to (i).

(i) Suggestions for framing such a schedule are given, ante, Vol. i. p. 81. The deed must be acknowledged by E. B. As to the purchaser's right to the vendor's personal presence on completion, and to have the conveyance executed in the presence of, and attested by, his own solicitor, see supra, p. 13, n. (c).

VOL. II,

P

assurance.