Gambar halaman
PDF
ePub

Of a bond from two perfons impowered by letter of attorney, from a tradefman, to get in bis eftate, and to pay the fame to him.

WHE

HEREAS the above named A. A. by his deed-poll, or letter of attorney, under his hand and feal, bearing even date with above written obligation, hath conftituted and appointed the above bounden B. B. and C. C. his attorney and attornies, jointly and feverally for him the faid A. A. and in his name and to his use, to ask, demand, fue for, recover, and receive, all fuch fun and and fums of money, debts, and demands whatfoever, which now are, or at Chriftmas now next enfuing fhall be due and owing to him the faid A. A. or his eftate, from any perfon or perfons, cuftomers, or others, of him the faid A. A. in the way of his late trade of a grocer; and to do fuch lawful and neceffary acts for the purposes aforesaid, as in fuch deedpoll, or letter of attorney, may appear. NOW the condition of the above written obligation is fuch, that if the faid B. B. and C. C. their executors or administrators, do, and fhall from time to time, well and truly pay, or cause to be paid over unto the said A. A. his executors, adminiftrators, or affigns, on demand, all fuch fum and fums of money, debts, and demands, as the faid B. B. and C. C. or either of them, fhall, from time to time receive, by virtue of the faid letter of attorney or otherwife, to the use of the faid A. A. or his eftate, from any perfon or perfons whatsoever, debtors to the faid A. A. or his estate in the way of his faid late trade or otherwife as aforefaid, without fraud or delay; then the above written obligation to be void, or elfe to be and remain in force.

Of a bond from one to three, for the performance of covenants in a deed, particularly to pay a fum of money by instalments.

TH

THE condition of this obligation is fuch, that if the above bounden A. A. his heirs, executors, or administrators, shall and do well and truly observe, perform, fulfil, accomplish, pay, and keep, all and every the covenants, grants, articles, provifoes, payments and agreements whatsoever, which by him and them, and on his and their parts and behalfs, are or ought to be obferved, performed, fulfilled, accomplished, paid, and kept, comprized and mentioned in one pair of indentures tripartite, bearing even date with the above written obligation, and made or mentioned to be made between the faid A. A. and B. his wife, of the first part, C. C. of London merchant, of the fecond part, and the above named D. D. E. E. and F. F. of the third part, in all things according to the purport, true intent, and meaning of the fame indenture, and particularly if the faid A. A. his heirs, executors or adminiftrators, fhall and do well and truly pay, or

15

G g

caufe

caufe to be paid unto the faid D. D. E. E. and F. F. their execu tors, administrators or affigns, at or in the chambers of G. F. Efq; fituate in in the county of without any deduction or abatement, for taxes or otherwife howsoever, in manner following; that is to fay, the fum of

[merged small][merged small][merged small][ocr errors]

pounds, part thereof next enfuing the date pounds, other

day of

day of
pounds refidue,

then next enfuing, and in full payment

day of

of the faid fum of-- pounds, on the
then next enfuing, and which will be in the year of our Lord
(which faid' fum of ----- - is the faid fum of-

men

tioned in a certain provifoe and agreement in the said indentures contained, and therein made payable in manner aforefaid); then this obligation to be void and of none effect, or elfe to be and remain in full force and virtue.

To indemnify the obligee against certain covenants in an indenture of leafe and releafe.

HEREA'S the faid E. F. by indenture of leafe and release,

W bearing date refpectively the

day of

inftant,

made or mentioned to be made, between the faid E. F. (as only fifter and heir at law of A. E late of L. in the county of C. fpinfter, deceased,) of the one part, and the faid 7. H. of the other part; reciting, that G. O. late of E. aforefaid, Efq; deceafed, by the name of G. O. of, &c Efq; by his bond or obligation, dated the

day of fum of

on the

was indebted unto R. P. of, c. Gent. in the penal pounds, conditioned for the payment of

pounds,

day of then next enfuing, with lawful intereft for the fame, after the rate of 5 1. per cent. per annum; on which faid bond or obligation, the faid R. P: afterwards, to wit, in or about Eafter term laft, obtained or recovered judgment in His Majefty's court of exchequer of pleas at Weminfter, again't the faid G. O. for the said sum of

pounds, and alfo fhillings cofts, as by the faid bond or obligation, and the condition thereof, and the judgment thereon recovered, remaining of record in the faid court, relation being thereunto respectively had, might more fully appear: And further reciting, that the faid R. P. by his bond or obligation, dated the

of

of

day

was alfo indebted unto the faid . H. in the penal fun pounds, conditioned for the payment of

pounds, with lawful intereft for the fame, on the

day of

day of

then next ensuing; And alfo, that by indenture of affignment, dated the faid and made between the faid R. P. of the one part, and the faid J. H. of the other part (reciting to the effect above recited) he the faid R. P. in confequence of the faid pounds fo due from him to the faid 7. H. an

the

the fait bond, and as a further and collateral fecurity for the fame, DID bargain, fell, affign, transfer, and fet over unto the faid 7. H. as well the faid bond given by the said G. O. to the faid R. P. as the faid judgment recovered thereon by the faid R. P. against the faid G. O. and all fums of money thereby due or fecured thereon, and all profit, benefit, and advantage, that might be obtained or gotten by reafon or means of the fame bond and judgment, or either of them, or of any other judgment obtained by or in the name of the faid R. P. his heirs, executors, or administrators, upon the faid bond and judgment, or either of them, against the heirs, executors, or adminiftrators, of the faid G. O. To bold unto the faid 7. H. his executors, adminiftrators, and affigns, to and for his and their own proper ufe and benefit abfo-lutely for ever (fubje& nevertheless to a certain provifoe and agreement, after receipt and payment of the faid fum ofpounds unto the faid 7.H. as therein mentioned) as by the faid bond or obligation, and condition thereof and affignment, relation being thereunto refpectively had, might more fully appear. And also reciting that the faid G. Ó. by his laft will and teftament, by him duly executed, dated the day of, thereby revoking all other wills by him made, did (amongst other things) Give, devife, and bequeath all his real and perfonal eftate whatfoever, unto the .faid A. F. fince deceased; To hold to her, her heirs, executors, adminiftrators and affigns for ever, and of his faid will nominated and conftituted the faid A. F. fole executrix and refiduary legatee, as by the faid will, relation being thereunto had, might more fully appear. And whereas, foon after the making and executing of which faid will the faid G. O. died without having altered or revoked the fame, whereby the faid A. F. became feized of and entitled to all the faid G. O.'s real eftate whatfoever. And reciting alfo, that the faid A. F. fince the death of the faid G. O. alfo died inteftate, and that the real estate of the faid G. O. and A. F. was defcended upon and became vested in the faid E. F. as the only fifter and heir at law of the faid A. F. And that no execution had yet been fued out upon the faid judgment fo obtained as aforefaid, and that the faid fum of pounds and the intereft thereof from the faid day of laft paft was ftill due, owing, and unpaid to the faid f. H. and that all the real estate whereof the faid G. O. died feized, would fall fo fhort in paying and fatisfying what is due upon the faid judgment, that it would not be fufficient to answer, and make good what was due to the faid 7. H. for the principal and intereft due to him upon his faid bond from the faid R. P. And whereas the the faid E. F. was willing and defirous that all the real eftate of the faid G. O. whereunto fhe was become feized of and entitled to upon the death of her fail fifter A. F. and all her right, title and intereft therein should be granted and conveyed unto the faid 7. H. towards fatisfying and difcharging what was due to him upon the faid bond from the faid R P. fo far as the real eftate would extend. It is witne fed that the the faid E. F. in confideration of the premises and of pounds to her paid by the faid 7. H. and for divers other good and valuable confiderations, did

Gg 2

[ocr errors]

did grant, bargain, fell, alien, release, quit, claim and confirm, all that her right, title, eftate and intereft under the faid will of the faid G. O. or otherwife howfoever, as well in law as in equity, of, in and to a moiety of a certain meffuage or tenement, land, hereditaments, and premifes, with the appurtenances, commonly called or known by the name of, fituate lying and being in the parish of aforesaid, and then or late in the poffeffion of the faid W. L. his under-tenants or affigns; And all houses, edifices, buildings, hereditaments and appurtenances whatsoever to the fame belonging or in any wife appertaining, or which then, or formerly had been reputed, ufed or enjoyed, as part, parcel, or member thereof or of any part thereof, and the reverfions, remainders, rents, iffues, and profits thereof; And also all deeds and writings concerning the fame, together with true copies of all other deeds and writings which concern the fame, or any part thereof jointly, with any other lands then in the cuftody or poffeffion of the faid É. F. or which fhe could or might get or come by without fuit in law or equity, To hold to and to the only proper use and behoof of the faid 7. H. his heirs and affigns for ever; In which faid release is contained a covenant that the faid E. F. had not theretofore done any act, and would not thereafter do any act whereby the faid premises or any part thereof was, fhould, or might be any ways incumbered; And alfo a covenant for further affurances. And whereas the faid E. F. executed the faid before recited indentures of leafe and release at the fpecial inftance, and requeft only of the faid J. H. who has promised, undertaken and agreed to indemnify, and fave harmless, her the faid E. F. of, from and againft, all and all manner of actions, fuits, damages, cofts, charges, and expences whatsoever, that shall or may arife or happen, or be brought, commenced, awarded, adjudged or recovered against her the faid E. F. on account of her executing the faid herein before recited indentures of leafe and releafe, by or through the means, occafion, direction, knowledge or privity of any mortgage of the herein beforementioned premifes or judgment, or other creditor or creditors of the faid G. O. and A. F. deceased: NOW the condition of this obligation is fuch, that if the abovebounden 7. H. his heirs, executors, and adminiftrators, and every of them, do and fhall from time to time, and at all times hereafter accordingly, well and fufficiently fave, defend, keep harmlefs, and indemnified, the abovenamed E. F. her heirs, executors, and adminiftrators, and her and their lands, and tenements, goods, and chattels, of, from, and againft all, and all manner of actions, fuits, profecutions, trouble, cofts, charges, damages and expences whatfoever, which shall or may arife happen, or be brought, commenced, awarded or recovered for or againft the faid E. F. her heirs, executors, or adminifirators, or any of them, or her or their lands and tenements, goods or chattels, for, on account, or by reafon, means, or occafion of her the faid E. F.'s executing the faid herein before recited indentures of leafe and releafe, by or through the means, occafion, direction, privity, or knowledge of any fuch mortgage or judgment, or other cre

ditor or creditors aforefaid, or for any other matter, caufe, or thing whatsoever, relating thereunto, that then this obligation is to be void and of no effect, otherwife the fame is to be and remain in full force and virtue.

Of a bond from two vendors of land, and their fureties, to pay an annuity for life to which the premises were liable, and indemnify the purchafer, with fpecial recitals,

W

HEREAS by indentures of leafe and release, the bargain and fale inrolled in Chancery, the leafe bearing date the day next before the day of the date of the releafe and bargain and fale, and the release and bargain and fale (being both tripartite) bearing even date with the above written obligation, and made or mentioned to be made. between the above bounden C. C, and E. C. and L. his wife, of the first part, the above named S. S. of the fecond part, and M. M. of London, Gent. of the third part, and a ane and recovery, in the fame indenture of release agreed to be levied and fuffered, and which have been fince duly levied and fuffered accordingly, the faid C. C. and E. C. for the confiderations in the fame indentures expreffed, have abfolutely fold and conveyed unto and to the ufe of the faid S. S. his heirs. and affigns, a mefluage or tenement, and farm called

and

and divers lands and hereditaments fituate in the parish of in the county of now or late in the tenure, poffeffion or occupation of R. R. his affigns, leffees, or under-tenants, and in the fame indentures more particularly mentioned and described. And whereas by virtue of the last will and teftament of S. S. late citizen and mercer of London, deceased, the faid meffuage, farm, lands, hereditaments and premises, are and ftand charged with the payment of one annuity or yearly rent of - pounds, unto T. T. now T. V. widow and relict of V. V. deceased, for the term of her natural life, at Lady-day and Michaelmas-day, by even and equal portions, with power to enter and diftrain for the fame in cafe of non-payment thereof. And whereas at the time of the faid recited fale and conveyance of the faid meffuage, farm, lands, hereditaments, and premifes, with their appurtenances, unto and to the ufe of the faid S. S. his heir and affigns as aforefaid, the faid C. C. and E. C. did undertake and agree to and with the faid S. S. to pay unto the faid T.V. her annuity or yearly rent of pounds, during the term of her natural life, and that they the faid C. C. and E. C. together with the faid H. C. fhould and would become jointly and feverally bound unto the faid S. S. in a bond of fufficient penalty, conditioned for payment to her the faid T. C. of the fame annuity, or yearly rent accordingly, and for faving harmlefs and indemnifying the faid S. S. his heirs, executors, adminiftrators and affigns, and the faid mefluage, farm, lands, hereditaments and pre

« SebelumnyaLanjutkan »