PRECEDENT BY MORTGAGOR money of £5500, the said G. H. doth hereby acknowledge, and the payment in manner aforesaid with their consent of which said sum of £350 the said C. D. and E. F. do hereby respectively admit), and in consideration of the premises (c) they the said A. B. and C. D., with the privity of the said G. H., do and each of them doth 12. grant and hereby grant and release, and he the said E. F., with the release, -surrender of term, 13.- parcels. 14. Habendum. 15. Witnesseth, secondly: -appointment by former owner; - of omitted property. privity of the said G. H., and to the intent that the said term of 1000 years may merge in the reversion of the hereditaments comprised therein, doth hereby surrender, and he the said G. H. doth hereby grant and release unto the said L. M. and his heirs ALL THAT, &c. [parcels in the first schedule, supra, pp. 207, 210, 213, 215, or 219, General Words, supra, p. 208; TO HAVE AND TO HOLD all the said premises hereinbefore expressed to be hereby granted, released, and surrendered, UNTO the said L. M. and his heirs, discharged from all principal moneys and interest secured by and from all claims and demands under the hereinbefore recited indentures respectively; TO THE USES, upon the trust, and with the power hereinafter limited, declared, and contained concerning the same: AND THIS INDENTURE ALSO WITNESSETH, that, in further pursuance of the said agreement in this behalf, and for the consideration aforesaid, he the said I. K., at the request of the said G. H., doth hereby, by virtue and in exercise of a power contained in an indenture dated, &c., and expressed to be made between [parties] (d), and of every or any other power enabling him, appoint that the hereditaments hereinafter expressed to be hereby granted, shall henceforth remain and be To THE USES, upon the trust, and with the power hereinafter (c) It was formerly usual to express the payment of a nominal consideration to each of the conveying parties to whom none of the purchase-money was paid; but the practice, which was absurd in every case except in that of a deed intended to operate as a bargain and sale under the Statute of Uses, Vol. i., p. 61, supra, p. 172, is now generally abandoned. (d) See supra, p. 206, n. (a). PRECEDENT AND MORTGA- 16. Witnesseth, former owner. declared and contained concerning the same: AND THIS INDENTURE ALSO WITNESSETH, that, in further pursuance of the said agreement in this behalf, and for BY MORTGAGOR the considerations aforesaid, he the said I. K., at the request of the said G. H., and by virtue of his estate and interest, doth hereby grant, and he the said G. H. doth thirdly: hereby grant and release unto the said L. M. and his grant by heirs [parcels in the second schedule, General Words]; TO HAVE AND TO HOLD all the said premises lastly 17. Habendum; hereinbefore expressed to be hereby granted, UNTO the said L. M. and his heirs, To THE USES, upon the trust, and with the power hereinafter declared and contained concerning the same; AND IT IS HEREBY DECLARED, that the several grants and releases, and also the appointment hereinbefore contained, shall respectively operate and enure To SUCH USES [Uses in favour of A. B., supra, p. 211]; [Covenant by C: D. and E. F. with L. M. (c), his heirs and assigns, against incumbrances, supra, p. 269; Covenants for title by I. K. with L. M. and his heirs as to 18.-covenants for title, "all the said premises hereinbefore expressed to be hereby appointed and granted him the said L. M.," supra, p. 213]; AND THE SAID G. H. doth hereby for himself, his heirs, executors, and administrators, covenant with the said L. M. and his heirs, that, notwithstanding anything by him the said G. H. done, omitted, or know. ingly suffered, the said A. B., C. D., E. F., and G. H., now have power to grant, release, and surrender, and the said for right to I. K. now hath power to appoint and grant all the said convey; premises hereinbefore expressed to be by them respec (e) The covenants in this Precedent are, for the reason given supra, p. 235, n. (k), entered into with the grantee to uses; but it will be observed that they provide for quiet enjoyment by, and for further assurance to, the purchaser, his heirs, appointees, &c. The vendor's covenants for title extend to the piece of land omitted from the former conveyance, and the original owner enters into with the purchaser the covenants relative to it, which he would have entered into with the vendor had it been included in the former conveyance. -by vendor ; PRECEDENT BY MORTGAGOR GEES. -for quiet enjoyment; -free from in. cumbrances; -for further assurance. tively granted, released, and surrendered, and appointed respectively, to the uses hereinbefore declared; AND THAT the same premises shall at all times remain and be to the uses hereinbefore declared, and be quietly entered into and upon, and held and enjoyed, and the rents and profits thereof received by the said A. B., his heirs, appointees, and assigns accordingly, without any interruption or disturbance by the said C. D., E. F., and G. H. respectively, or any person claiming through or in trust for them or any of them; AND THAT free and discharged from or otherwise by him the said G. H. sufficiently indemnified against all estates, incumbrances, claims, and demands created, occasioned, or made by the said C. D., E. F., and G. H., or any of them, or any person lawfully or equitably claiming through or in trust for them or any of them; AND FURTHER, that the said C. D., E. F., and G. H., and every person having or claiming any estate or interest in or to the said premises or any of them, through or in trust for the said C. D., E. F., and G. H., or any of them, will at all times, at the cost of the said A. B., his heirs, appointees, 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 uses hereinbefore declared, as by the said A. B., his heirs, appointees, or assigns shall be reasonably required. IN WITNESS, &c. (ADD two Schedules.) XX. CONVEYANCE by a VENDOR and a MORTGAGEE of Part of the Estate, the MORTGAGE DEBT and two other Sums secured by TERMS of Years being PAID OFF out of the Purchase Money. ONE of the TERMS is RELEASED and the other ASSIGNED In Trust to attend and to cease under the Satisfied Terms' Act (a). PRECEDENT GRANT AND RELEASE, AND ASSIGNMENT OF TERMS. THIS INDENTURE, made, &c., between A. B., of, 1. Parties. &c. [mortgagee], of the first part; C. D., of, &c., and E. F., of, &c. [parties beneficially interested in the moneys secured by both terms], of the second part; G. H., of, &c. [vendor], of the third part; I. K., of, &c. [trustee of second term], of the fourth part; L. M., of, &c. [purchaser], of the fifth part; N. O., of, &c. [trustee to whom second term is assigned], of the sixth part [Recitals relative to the hereditaments in the first schedule, showing the creation of the terms, the title to the moneys secured by them (C. D. and E. F. being beneficially entitled to the whole of the £1500 secured by the first term, under an in (a) As to the origin and history of this Act (8 & 9 Vict. c. 112), see Davidson's Concise Prec. p. 72, 3rd edit. The Act does not appear to extend to copy holds or customary freeholds, or to leaseholds where a term is created by underlease, Id. 79; and some question may be raised whether the 1st or 2nd sect. applies to anything else than land strictly so called, Id. 75-79. It seems probable, that a satisfied term which retains a quasi existence under the statute does by no means universally afford to a purchaser the same protection which it would have afforded to him under the old practice: considered as a legal weapon, it is, in fact, a mere shield, and not a sword: Dart, 330; Doe v. Price, 16 M. & W. 603; Doe v. Mousdale, Id. 689; Freer v. Hesse, 4 De G. M. & G. 495; Doe v. Jones, 13 Q. B. 774; Sugd. on Stat. 296; Cottrell v. Hughes, 15 C. B. 532. 2. Recites title schedule; to lands in first PRECEDENT GRANT AND RELEASE, AND TERMS. 3.-vendor seised in fee of lands in second schedule; and agreement for purchase; 4.-sums raisable under terms still owing} denture of the 30th Dec., 1806, and to part of the £2000 secured by the second term, under an indenture of the 14th of June, 1828, and I. K. having power to give a receipt ASSIGNMENT OF for the £2000,) and the creation of a mortgage for £1325 in favour of A. B., by an indenture of the 12th Nov., 1849. See the recitals in Precedent XV.]; AND WHEREAS the said G. H. is seised of the hereditaments secondly hereinafter expressed to be hereby granted, for an estate of inheritance in fee simple in possession free from incumbrances, except as hereinafter mentioned; And the said L. M. has agreed with the said G. H. for the purchase thereof, free from incumbrances, at the price of £6000; AND WHEREAS the said sum of £1500 raisable under the trusts of the said term of 1000 years created by the said indenture of the 30th day of December, 1806, and the said sum of £2000 raisable under the trusts of the said term of 600 years created by the said indenture of the 14th day of June, 1828, respectively, remain owing, but all interest thereon respectively has been paid up to the date of these presents; AND WHEREAS the said sum of £1325 remains owing on the security of the said indenture of the 12th day of November, 1849, but all interest thereon has been paid up to the date of these presents; AND WHEREAS, upon the treaty for the said purchase it was agreed, that out of the said purchasemoney the said sum of £1500 should be paid to the said C. D. and E. F., and the said sum of £2000 should be paid to the said I. K., and the said sum of £1325 should be paid to the said A. B., and that the sum of £1175, the residue of the said purchase-money, should be paid to the 7.-purchaser's said G. H.; AND WHEREAS the said L. M. is desirous of having the said term of 1000 years released and the said term of 600 years assigned, and the said hereditaments assured and limited in manner hereinafter appearing: 8. Witnesseth: NOW THIS INDENTURE WITNESSETH, that, in pursuance of the said agreement, and for effectuating the said desire, and in consideration of the sum of £1500 upon the execution of these presents paid by the said L. M. to the said C. D. and E. F., at the request of the 5.-state of mortgage debt; 6.- purchasemoney, how to be applied; wish as to con veyance. -consideration, |