§ 2. The Release. day of › Premises. of the one part; and Parties. devised the THIS INDENTURE, made the BETWEEN Abel Smith of, &c. Robert Thompson of, &c. of the other part: WHEREAS Recitals that John Smith, being at the time of making his will hereinafter John Smith made his will, recited, and thenceforth to the time of his decease, seised of or whereby he otherwise well entitled in fee simple in possession to the messuage premisesunto or tenement, lands and hereditaments, hereinafter described and his son, the intended to be hereby conveyed, with their appurtenances, did, in such manner as the law requires for rendering valid devises of freehold estates, duly sign and publish his last will and testament in writing, bearing date on or about the day of Court of day of vendor in fee. day of John Smith. his said will, and the said will was Probate of by the his will. premises. chase money and thereby (amongst other things) gave and devised the same messuage or tenement, lands, hereditaments and premises hereinafter described, unto his son the said Abel Smith, his heirs and assigns, for ever; AND WHEREAS the said Death of John Smith departed this life on or about the without having altered or revoked on or about the duly proved in the executors named therein; AND WHEREAS the said Robert Thomp- Contract for son hath contracted and agreed with the said Abel Smith for the purchase of absolute purchase of the messuage or tenement, lands, hereditaments and premises, hereinafter described, and intended to be hereby conveyed, and the inheritance thereof in fee simple, with their appurtenances, free from incumbrances, at or for the price or sum of : NOW THIS INDENTURE WITNESSETH that in Testatum, whereby in pursuance and performance of the said agreement, and in con- consideration sideration of the sum of of lawful money of Great of the purBritain by the said Robert Thompson to the said Abel Smith in hand well and truly paid at or immediately before the sealing and delivery of these presents (the receipt of which said sum of the said Abel Smith doth hereby admit and acknowledge, and of and from the same and every part thereof doth hereby acquit, release and for ever discharge the said Robert Thompson, his heirs, executors, administrators and assigns,) He Vendor conthe said Abel Smith Hath granted, bargained, sold, released and Robert confirmed, and by these presents Doth grant, bargain, sell, re- Thompson lease and confirm unto the said Robert Thompson, (in his actual possession, &c.) (reference to lease for a year, see post, p. viii,) and his heirs, ALL THAT, &c. (describe the parcels ;) Together Parcels. with all and singular houses, outhouses, edifices, bridges, farms, stables, yards, gardens, orchards, ways, water-courses, liberties, privileges, easements, profits, commodities, emoluments, hereditaments and appurtenances whatsoever, to the said hereditaments and premises hereby granted and released belonging or in anywise appertaining: And the reversion, &c. (see ante, p. i. :) paid by pur chaser to vendor, veys unto Habendum title: that vendor fee, And all the estate, &c. (see ante, p. i.) To HAVE AND TO HOLD the said messuage or tenement, lands, hereditaments, and all and singular other the premises hereby granted and released, or intended so to be, with their and every of their appurtenances, unto the pur- unto the said Robert Thompson, his heirs and assigns, To the chaser in fee. use of the said Robert Thompson, his heirs and assigns, for ever; Covenants for And the said Abel Smith doth hereby for himself, his heirs, executors and administrators, COVENANT, promise, and agree with and to the said Robert Thompson, his heirs and assigns, That for and is seised in notwithstanding any act, deed, matter or thing whatsoever, by him the said Abel Smith, or the said John Smith the testator, made, done, omitted, committed, executed, or knowingly or willingly suffered to the contrary, he the said Abel Smith is at the time of the sealing and delivering these presents, lawfully, rightfully, and absolutely seised of and in, or well and sufficiently entitled to the said messuage or tenement, lands, hereditaments and premises, hereby granted and released, or intended so to be, and every part thereof, with their and every of their appurtenances, for a good, sure, perfect, absolute and indefeasible estate of inheritance in fee simple in possession, without any manner of condition, trust, power of revocation, equity of redemption, remainder or limitation of any use or uses, or other restraint, cause, matter, or thing whatsoever, to alter, charge, defeat, incumber, revoke, or make void the same; And that for and notwithstanding any such act, deed, matter or thing as aforesaid, he the said Abel Smith now hath in himself good right, full power, and lawful and absolute authority to grant, bargain, sell, release and convey the said messuage or tenement, lands, hereditaments and premises hereby granted and released, or intended so to be, with their appurtenances, unto and to the use of the said Robert Thompson, his heirs and assigns, in manner aforesaid, and accordand that the ing to the true intent and meaning of these presents; And that it and that he has good right to convey, purchaser may quietly enjoy the premises, .free from incumbrances; shall and may be lawful to and for the said Robert Thompson, his heirs and assigns, from time to time and at all times hereafter, peaceably and quietly to enter into, hold, occupy, possess and enjoy the said messuage or tenement, hereditaments and premises, hereby granted and released, or intended so to be, with their appurtenances, and to have, receive and take the rents, issues and profits thereof, and of every part thereof, to and for his and their own use and benefit, without any lawful let, suit, trouble, denial, claim, demand, interruption or eviction whatsoever, of or by him the said Abel Smith, or his heirs, or of, from or by any other person or persons whomsoever, lawfully or equitably claiming or to claim by, from or under, or in trust for him, them or any of them, or the said John Smith the testator; And that free and clear, and freely and clearly and absolutely acquitted, exonerated, released and for ever discharged or otherwise by the said Abel Smith and his heirs, executors and administrators, well and sufficiently saved, defended, kept harmless and indemnified of, from and against all and all manner of former and other gifts, ther assur grants, bargains, sales, dowers, and all rights and titles to dower, uses, trusts, entails, wills, mortgages, leases, statutes merchant or of the staple, recognizances, judgments, executions, extents, rents, arrears of rent, annuities, legacies, sums of money, yearly payments, forfeitures, re-entry, debts of record, debts due to the King's Majesty, and of, from and against all other estates, titles, troubles, charges, debts and incumbrances whatsoever, either already had and made, executed, occasioned and suffered by the said Abel Smith or his heirs, or by any other person or persons lawfully or equitably claiming, or to claim by, from or under, or in trust for him, them, or any of them, or by, from or under, or in trust for the said testator, or by his or their acts, deeds, means, default, or procurement; And further, that he the and for fursaid Abel Smith and his heirs, and every other person or persons ance. having, claiming, or who shall or may hereafter have or claim any estate, right, title, interest, inheritance, use, trust, property, claim or demand whatsoever, either at law or in equity, of, in, to or out of the said messuage or tenement, lands, hereditaments and premises, hereby granted and released, or intended so to be, with their appurtenances, or any of them or any part thereof, by, from or under, or in trust for him the said Abel Smith or his heirs, or the said testator, shall and will, from time to time and at all times hereafter, upon every reasonable request to be made for that purpose, by and at the proper costs and charges of the said Robert Thompson, his heirs or assigns, make, do, acknowledge, levy, suffer and execute, or cause or procure to be made, done, acknowledged, levied, suffered and executed, all such further and other lawful and reasonable acts, deeds, things, devices, conveyances and assurances in the law whatsoever, for the further, better, more perfectly and absolutely granting, conveying and assuring of the said messuage or tenement, lands, hereditaments and premises, hereby granted and released, or intended so to be, and every part thereof, with their appurtenances, unto and to the use of the said Robert Thompson, his heirs and assigns, in manner aforesaid, and according to the true intent and meaning of these presents, as by the said Robert Thompson, his heirs or assigns, or his or their counsel in the law, shall be reasonably devised, advised and required. And it is hereby agreed and declared between Declaration and by the parties to these presents, That neither the present of the purwife of the said Robert Thompson, in case she shall survive the chaser shall said Robert Thompson, nor any future wife of the said Robert dower out of Thompson with whom he may afterwards intermarry, and who the premises. shall survive him, shall have any right, title or estate to or in dower out of or in the said messuage or tenement, lands, hereditaments and premises, hereby granted and released, or intended so to be, with their appurtenances, or to or in any part thereof. IN WITNESS, &c. that no wife be entitled to No. III. A MORTGAGE IN FEE. Premises. Recital that seised in feeof ged. That mortga ed to mortga money. Witnessing THIS INDENTURE, made the 1st day of January, 1837, Between John Thomas, of the parish of St. John, in the county of Surrey, yeoman, of the one part, and Edward Sikes of the city of London, gentleman, of the other part: Whereas the said John Thomas is seised of or well entitled as tenant in fee-simple the premises in possession to the messuage or tenement, lands and hereditato be mortga- ments hereinafter described, and intended to be hereby granted and released, with their rights, members and appurtenances; And whereas the said John Thomas, having occasion for the sum gor has appli- of 1000/., hath applied to the said Edward Sikes to advance and gee to lend the lend him the same, which he hath agreed to do on having the repayment thereof, with interest for the same, after the rate of 31. for 1001. by the year, secured to him the said Edward Sikes, his executors, administrators or assigns, by a mortgage of the said messuage or tenement, lands, and hereditaments, hereinafter described, and intended to be hereby granted and released, with their appurtenances: NOW THIS INDENTURE WITNESSETH, part, whereby that in pursuance and performance of the said agreement, and tion of the re- in consideration of the sum of 1,000l. of lawful money of Great Britain, by the said Edward Sikes to the said John Thomas in hand well and truly paid at or immediately before the sealing and delivery of these presents, (the receipt of which said sum of 1,000l. he the said John Thomas doth hereby acknowledge, and of and from the same and every part thereof doth hereby acquit, release, and for ever discharge the said Edward Sikes, his executors, administrators, and assigns), He, the said John Thomas, Hath granted, bargained, sold, released and confirmed, and by these presents Doth grant, bargain, sell, release and confirm, unto the said Edward Sikes (in his actual possession, form of lease now being by virtue of a bargain and sale to him thereof made, by the said John Thomas, in consideration of ten shillings, by an indenture bearing date the day next before the day of the date of these presents, for the term of one year, commencing from the day next before the day of the date of the same indenture of bargain and sale, and by force of the statute made in considera ceipt of the mortgage money, Mortgagor conveys, for a year, heirs, ALL Parcels. estate. and his heirs, and his heirs, for transferring uses into possessions) and his THAT messuage or tenement, situate and being in the parish of A. in the county of G. &c. (describe the parcels) Together with General all and every houses, out-houses, edifices, bridges, barns, stables, words. yards, gardens, orchards, ways, water-courses, liberties, privileges, easements, profits, commodities, emoluments, hereditaments, and appurtenances whatsoever to the hereditaments and premises hereby granted and released belonging, or in any way appertaining; And the reversion and reversions, remainder and The reversion remainders, yearly and other rents, issues and profits of all and singular the lands and tenements hereby granted and released, or intended so to be, and of every part and parcel thereof; And all the estate, right, title, interest, inheritance, use, and all the trust, property, profit, possession, claim and demand whatever, both at law and at equity, of him the said John Thomas, into, out of, or upon the same premises, and every part and parcel thereof, with their and every of their appurtenances, To HAVE Habendum AND TO HOLD the said messuage or tenement, lands, hereditaments, and all and every other the premises hereby granted and released, or intended so to be, and every part and parcel thereof, with their and every of their appurtenances, unto the said Edward To mortgagee Sikes, his heirs and assigns; To the Use of the said Edward to the use of Sikes, his heirs and assigns for ever, But subject nevertheless mortgagor to the proviso or agreement for redemption hereinafter contained, subject to (that is to say) PROVIDED ALWAYS, and it is hereby agreed and proviso. declared between and by the parties hereto, that if the said Proviso that. John Thomas, his heirs, executors or administrators shall and if the mortdo on the now next ensuing, well and truly gage money pay or cause to be paid to the said Edward Sikes, his executors, paid, administrators and assigns, the sum of 10000. of lawful money of Great Britain, together with the interest for the same, after the rate of 51. for every 1007. by the year, to be computed from the day of the date of these presents, without making any abatement or deduction whatever out of the same sum and interest, or any part thereof, for or in respect of any present or future taxes, charges, assessments or impositions, or any other cause, matter or thing whatsoever, Then, and in such case he the said Edward mortgagee Sikes, his heirs and assigns, shall and will, at any time thereafter, at the request and expense of the said John Thomas, his heirs and assigns, re-convey the said messuage or tenement, lands, here ditaments and premises, hereby granted and released, or intended so to be, with their appurtenances, unto the said John Thomas, his heirs and assigns, or as he or they shall in that behalf order or direct, free from all incumbrances whatsoever, made, done, or committed by the said Edward Sikes, his heirs, executors, administrators, or assigns; And he the said John Thomas doth Covenant by hereby for himself, his heirs, executors and administrators, cove-mortgagor nant, promise and agree with and to the said Edward Sikes, pay mortgage his heirs, executors, administrators and assigns, that he the said money, John Thomas, his heirs, executors, administrators and assigns, day of shall be re will recouvey... that he will |