Gambar halaman
PDF
ePub
[ocr errors]

drawn in the margin of the said indenture, save and except unto the said ). B. his executors, administrators, and assigns, and his and their tenants and servants, free liberty of palling and repaffing on foot, or with horses, carts, and carriages, by and through the way or paf. fage intended to be made by the said W. C. through the premises thereby demised, or some part thereof from the south-east end of the said premises thereby demised, unto the north-west end leading into

Lane, in common with the said W. C. his aligns or under tenants ; AND ALSO, free liberty to and for the raid IV. C. bis executors, administrators, and assigns, and bis and their tenants, servants, horses, carts, and carriages, from

aforesaid, over the ground belonging to the said 7. B. to the south-east end of the premises thereby demised, to pass and repass, and which said laft mentioned way or passage is described in the plan thereof drawn in the margin of the said last nientioned indenture ; TO HOLD the same unto the said W. C. from the day of the date thereof, for the term of

years, and one quarter of a year, at and under the yearly fum of -, payable quarterly, as therein is mentioned ; NOW THIS INDENTÚRE WITNESSETH, That in pursuance of the faid agreements, and also for and in consideration of the debts owing by the said Il. C. unto his several creditors, whose names are hereon indorsed, and who shall subscribe such indorsement as aforesaid, he the faid W. C. hath granted, bargained, sold, aligned, transferred, and set over, AND by these presents doth grant, bargain, fell, afsign, transfer, and set over, unto the said 7. L. 7. H. 7. P. and J. S. their executors, administrators, and assigns, ALL THAT the said piece or parcel of ground, mesfuage, or tenements, and premises, demised and granted, in and by the faid first above in part recited indenture of lease ; AND ALSO ALL that other piece or parcel of ground de. mised in and by the said second above in part recited indenture of leare, together with the buildings thereon erecting and building, or which fall bereafter be erected and built thereon, or any part thereof, 10gether with all materials now standing or being upon the said premises, or any part thereof, together with all ways, paths, passages, waters, water-courses, shops, cellars, Collars, lighis, easements, profits, commodities, emoluments, advantages, and appurtenances whatfoever, to the said pieces or parcels of ground, messuages or tenements, and premises belonging, or in any wise appertaining, (subject to the rents and covenants in the said ewo several above in part recited indentures of lease reserved, mentioned, and contained, and subject allo to the principal monies and interest above mentioned, to be charged on the premises demised, in and by the said first above in part recited indenture of lease) together with the said several in part above recited indenture of lease, and all benefit and advantage to be had or taken by them respectively; TU HAVE AND TO HOLD she faid pieces or parcels of ground, mesfuages, or tenements, and premises above mentioned, and intended to be hereby aligned, and every part thereof, unto the said 7. L. 7. H. J. P. and J. S. their execuiora, administrators, and aligns, upon the trusts, and for the purposes herein aftes mentioned and declared, of and concerning the faine ;

AND

AND THIS INDENTURE FURTHER WITNESSETH, that for the confiderations aforesaid, he the said W. C. HATH bargained, fold, afligned, transferred and set over, AND by these presents DOTH bargainz fell, affign, transfer and set over, unto the said 7. L. J. H. 7. P. and 7. s. their executors, administrators and alligns, the debts owing from the said W. G. and R. H. respectively, TO HOLD the sajd two several debts unto the said J. L. J. H. J. P. and 4. S. their executors, administrators and afligns, for the purposes herein after mentioned ; and for the better recovering and receiving of the said two several debts, be the said IV. C. hath' made, ordained, constituted and appointed; AND by these presents DOTH make, ordain, conftitute and appoint the raid 7. L. 7. H. J. P. and y. S. his true and lawful attornies, for him, and in his name, place, and stead, to ask, demand, levy, fue for, recover, and receive of and from the said G.W. and the said R. H. all such sum and sums of money as are due, and owing from them respectively unto the said W. C. party hereto, and upon receipt thereof, or of any part thereof, acquittances or other discharges for the same, in the name of the said W. C. or otherwise to give and execute, and upon nonpayment thereof, or of any part thereof, to use, sue, and prosecute by all such lawful ways and means in law or equity, for the recovery thereof, as they the said 7. L. 4. H. 4. P. and 1. S. their executors, administrators or afligns, Thall think fit; and generally to do, execute, perform all and whatfoever he the said IV. C. might or could have done, if these presents had not been made; and hereby allowing, ratifying and confirming, all and whatsoever the faid 7. L. 7. H. 4. P. and 7. S. their executors, administrators, or assigns, shall lawfully do, or cause to be done in the premises by virtue thereof. AND THIS INDENTURE FURTHER WITNESSETH, that for the confiderations aforesaid, he the said IV. C. hath granted, bargained, fold, aliened, remised, and release ; and by these presents doth grant, bargain, sell, alien, semise, and release unto the faid . L. 9. H. 9. P. and Y. S. (in their actual posession now being by virtue of a bargain and sale, to them thereof made by the laid 1.C. for the term of one whole year, for the confideration of 5 s. by indenture bearing date the day next before the day of the date of these presents, and by force of the statute made for transfering uses into poffeffion) and to their heirs, all that the reversionary interest of him the said W. C. (party hereto) of and in all that cottage' or tenement situate, and being in, in the parifh of -, in the county of formerly in the occupation of Y. F. or his assigns ; after wards in the occupation of H. K. as tenant under W.C. deceased ; and also of and in two pightles of pasture thereto adjoining, containing by estimation acres, be they more or lefs; and also of, and in all those several parcels of arable land lying in the - of -, aforesaid, containing by estimation acres, be they more or less; and afterwards particularly mentioned, (viz.) acres in-, belonging to the said cottage, and one acre there belonging to the farm, formerly in the occupation of the faid W. C. duceafed ; in

acres belonging to the faid

cottage,

cottage, and acres there belonging to the said farm; and also of and in all other the pieces or parcels of arable land of the said W. C. party hereto, lying and being in the said common field, or elsewhere in pariíh of

aforesaid; All which faid prernises were formerly in the occupation of T. S. and R. A. and also of and in all hades, baulks, furrows, ways, easements, and appurtenances whatsoever, to the said premises belonging, or in any wise appertaining; and the reverfion and reverfions, remainder and remainders, of all and fingular the faid premises, and all the estate, right, title, claim, and demand whatsoever, of him the said W. C. party hereto, of, in, to, and out of the said premises, every or any part thereof, TO HAVE AND TO HOLD all and fingular the ab. ve granted and released reversion of the said cottage or tenement, lands, and hereditaments, unto the said 7. L. 7. H. 7. P. and y. S. their heirs and aligns, to the only proper use and behoof of the said J. L. 4. H. 7. P. and 7. S. their heirs and assigns for ever; IN TRUST NEVERTHELESS for the purposes herein after mentioned and declared, of and concerning the same ; AND che faid W. C. doth for himself, his heirs, executors, and administrators, covenant, promise and agree, to and with the said 4. L. 7. H. 7. P. and 7. S. their heirs and afligns, in manner following, (that is to say) that he the said W. C. Thall and will from time to time, and at all times hereafter at the request of the said 7. L. 7. H. 7. P.and F. S. but at the costs and charges in the law the said W. C. bis heirs, executors, administrators, and alligns, make, do, acknowledge, levy, suffer and execute, or cause and procure to be made, done, acknowledged, levied, suffered, and executed, all and every such further and other lawful and reasonable acts, deeds, things, devises, conveyances, and assurances in the law whatsoever, for the further, better, more perfect and absolute conveying, and affuring the faid reversion unto, and to the use of the said 7. L. 9. H. F. P. and 7. S. their heirs and asigns for ever, (subject to the faid mortgage, assigned to the said C. R. as by the said 7. L. 7. H. 9. P. and 7. S. their heirs and aligns, or their council shall be reasonably advised, devised, or required. AND ALSO that he the said W. C. his executors or administrators, shall and will, from time to time and at all times hereafter, at the like request, costs and charges in the law, do, and execute, or cause, or procure to be made, done, and executed, all and every, or any such further and other acts, deeds, assignments, conveyances, and assurances whatsoever, for the further, better, more perfect, and abfoluie afligning, assuring, and confirming of the said leasehold premises, hereby affigned, and every part thereof unto the laid 7. L. 7. H. 3. P. and y. S. their executors, administrators, or affigns, for and during the residue, and remainder of the said two respective terms, which Iball be therein respectively then to come and unexpired, (subject to the said two several mortgages, made of the faid piece of ground and premises, sicuate in

aforesaid), as by the said 4. L. J. H. 4. P. and J. S. their executors, administrators, or afligns, or their council learned in the law, fhall be reasonably advised, devised or required: AND LASTLY it is hereby declared, that the pre

N

miles

mises herein before mentioned, are vested in them the said 7. L. 7. H. J. P. and 7. S. upon the trusts following ; (that is to say) upon trust to collect, get in, recover, and receive the said two respective debts now due, and owing from the said - IV. and - H. and by the monies arising thereby, and also by sale, or mortgage of the faid freehold and leasehold premises, or all or either of them, to raise a sufficient sum of money for the discharging of all such costs, charges, and expences, as they the said y. L. 7. H.4. P. and y. S. or either of them, shall be put to by season of the trusts hereby in them reposed, and in the next place fully to satisfy, and pay (or proportionably so far as the same will extend) unto themselves, and the several creditors, (whose names are hereon indorsed, and who fhall subscribe their names to such indorsement), their respective debts, together with the full costs of, the actions which have been brough, or prosecuted by all, or any, or either of the said creditors, who ih :11 as aforesaid subscribe their names to the said indorsement; and in trust, after satisfaction of the respective demands of the said creditors, to pay the overplus of the monies which shall be so raised as aforesaid, (if any) into the proper hands of the said IV. C. his executors, or administrators; and at the costs and charges of the said W. C. his heirs, executors or administrators, to convey and reassign unto the said W.C. his heirs, executors, administrators or alligns, such part (if any) of the said freehold, or leasehold premises, as shall remain undisposed of. In witness, C.

[ocr errors]

part; and

Of an extent.
THIS INDENTURE tripartite, made, &c, between A. B. of,

&c. of the first part; and C. D. of, &c of the second E. F. of, &c. of the other part. WHEREAS the faid A. B. in the court of, &c. in Easter term, which was in the year, by judgment of the said court, recovered against the said C. D. the sum of

debt, befides costs of fuit, as by the record of the said court, may more fully appear ; in payment of which faid Sum of , the said C. D. made default, and by reason thereof, the faid A. B. sued execution on the said judgment, and thereupon in due form of law, hath extended all that messuage, &c. of the clear yearly value above reprizes, of

as one moiety of the mesfuages, lands, and tenements, whereof the said C. D. was seized after the obtaining of the judgment aforesaid; all which said premises, by virtue of his Majesty's writ, bearing date --were delivered in execution to the raid A. B. for the debt and damages aforesaid, on, - for a moiety of the messuages and lands of the said C. D. TO HOLD to him the said A. B. and his affigns, as his freehold, at the yearly value aforesaid, until the debt and damages aforesaid should be thereof fully levied, as by the process and proceedings thereof remaining upon record in the said court of —, may more fully appear. AND WHEREAS the faid A. B. by virtue of the aforesaid judgment and proceedings, entered upon the said premises,

and hath held and enjoyed the same ever since accordingly: AND WHEREAS, on an account now made up between the said C. D. and the said A. B. there remains due and owing to the said A. B. for principal, interest, and charges, the full sum of , and upwards, over and above all monies by nim received out of the rents and profits of the said premises. NOW THIS INDENTURE WITNESSETH; that for, and in consideration of the sum of -, to the faii A. B. in hand paid by the faid E. F. by and with the consent and agreement of the said C. D. teftifieú by his being made a party to, and figning and sealing of these presents, the receipt whereof the said d. B. doth bereby acknowledge, and for divers other good causes and consideracions, hin the said Å. B. in this behalf moving, he the said 4. B. hath, by and with the like consent and agreement of the said C. D. teftified as aforesaid, granted, bargained, sold, assigned, and set over, and by thele presents doth grant, &c. unto the said E. F. all and fingular the said meffuage and premises above recited to be to him delivered in extent as aforesaid, and every part and parcel thereof, with the appurtenances; and also all the estate, right, title, interest, clai:n, and demand whatsoever of him the said A. B. of, in, and to the laid premises, and of, in, and to every part and parcel thereof, with the appurtenances. TO HAVE AND TO HOLD the said messuage or ton ment, and premises above mentioned, and every part and parcel thereof, with the appurtenances, unto the said E. F. his executors, administrators, and assigns, for and during all such estate, term, and interest, as the said A. B. can, or might have, or is interested in, or intituied unto by virtue of the aforesaid judgment and extent, and the proceedings thereon. AND the said A. B. for himself, his executors, administrators, and alligns, doth covenant and grant to and with the faid E. F. his executors, administrators, and aligns, that he the said E. F. his executors, administrators or assigns, shall and may from time to time, and at all times from henceforth during all the rest and refidue of che term and interest above recited, which is yet to come and unexpired, peaceably and quietly have, hold, use, occupy, poffess, and enjoy, all and singular the said premises above mentioned, and every, part and parcel thereof, with the appurtenances, without the let, trouble, hindrance, molestation, interruption, or denial of the said A. B. his executors, administrators, or assigns, and every of them, and all and every other person and persons whatsoever, claiming in, by, from, or under him, them, or any of them. And also that the said judgment and extent above recited are ftill in full force, and not vacated, released, or otherwise discharged. AND the said A. B. for himself, his executors and administrators, doth further covenant and grant, to and with the said E. F. his executors, adıninistrators and aihgns, that he the said A. B. hath not done or committed, nor will he, his executors, or administrators, at any time hereafter, do, or commit any act, matter, or thing whatsoever, whereby, or by means whereof, the said recited judgment, or any writs, execution, processes, or proceedings had, or thereupon hereafter to be had, are, is, thall, or may be vacated, released, or otherwise discharged, without

the

N 2

« SebelumnyaLanjutkan »