No. LXXVI.
Purchase (by
Agent).

a quit rent of

payable to the manor of

at

And the said (A.) as such agent as afd hby agrees with the sd
(V.) that he shall &c. (pay purchase-money) And it is hby agrd
by and betn the pties hto that all taxes rates and outgoings
paye for the sd
be pd by the sd (V.)

shall

preses on the sd
day of
And that the said (P.) shall be put in
preses at that time and be intitled to the

quiet posson of the
rents and prfts throf thenceforth And also that the sd (P.)
shall be intitled to take the growing crops of corn hay and
clover at a valuation to be made throf by two indifferent psns
one to be chosen by the sd (V.) and the or. by the sd (P.) or
in case they shall disagree then by a third psn to be chosen by
such two psns such valuation to be made and concluded betn the

and the

day of

day of

day of next and immly after the completion throf posson of the sd crops shall be delivered to the sd (P.) upon the paying to the sd (V.) a deposit of £ per cent. in pt of the amount of such valuation [and giving security for payment of the remainder thof on the said next] but in case the sd (P.) shall decline to take the sd crops then the sd (V.) shall be at liberty either to harvest or sell the same by public auction or private contract And it is furr agrd that the sd (P.) shall pay (for certain fixtures enumerated) also for the muck mixtures or compost and the labour also for all such or. things as are customary betn an outgoing and incoming tenant as the same shall be agrd upon and valued by the said two indifferent psns or third psn as afd And that such valuation shall be made three weeks befe Michas and the amount thof pd to the sd (V.) on the sd day of

In witness, (see ante, No. XL VI)

Recd the day and yr first above written of and from the sd (P.) by the hands of the sd (A.) as such agent afd the sum of in pt of the conson money to be pd to us.

£

Witness G. B.

(Vendors.)

No. LXXVI.-2.

Agreement between two Guardians respecting the Purchase of an Estate by them for their Infant Ward.

Articles of &c. see ante, No. XLVI. the one pt and B. C. of &c. of the or. pt

in

Betn A. B. of &c. of

Whas the sd A. B.
D. an infant under

And whas

and B. C. are testamentary guardians of E.
the age of 21 yrs And whas the said E. D. is under the will of
his uncle tenant in tail of the manor of G. in &c. And whas
certain lds and heredts at
pt of the estes of the
coheiresses of &c. some time since were offered to sale and the
same have been purchsd by and convd to the sd A. B. and B. C.
their hrs and ass at or for the price or sum of £
the sd lds &c. lie contiguous to or intermixed with the estes of
which the sd E. D. is tenant in tail under the will of his sd
uncle and are in all respects a desirable purchase for the sd
E. D. and the sd A. B. and B. C. agrd to purchase the same
and being possessed of certain sums of money belonging to the
said E. D. the inft they the said A. B. and B. C. advanced the
sum of £
pt of the sd mos in the purchase of the sd este
Now these prests witness and it is hby covtd agrd and deld betn
and by the sd A. B. and B. C. in manner following that is to say
That the sum of £ advanced by them in purchase of the
sd este at
was the proper money of the sd E. D. the inft
and by them the sd A. B. and B. C. advanced out of his psl
este and that when and as soon as the sd E. D. shall attain the
age of 21 yrs he the sd E. D. shall be offered the sd purchase
on condon of his agreeing to ratify and confirm the sd purchase
and all accts and transactions relating thto and that if he shall
accept and agree to the sd purchase on these terms Then and
in that case the sd este shall be immly convd to him the sd
E. D. his hrs or ass or as he or they shall direct or appt but
that if the sd E. D. shall refuse to accept the sd purchase upon
the terms aforesaid Then and in that case they the sd A. B.
and B. C. their hrs and ass shall retain the same for their own
proper use and bent and shall be considered as having originally
purchased the same with their own respive mos advanced by
them resply in equal shares and proportions and under an agrt

No. LXXVI. 2.

By Guardians.

No. LXXVI. 2. that there shall be no survorshp betn them and shall hold the By Guardians. same as if originally seised thof as tents in common in fee simple and not as jt-tents And furr that evy bent or advantage which may be derived or any loss or detriment which may be sustained by reason of their having made the sd purchase shall be borne by them the sd A. B. and B. C. and their respive hrs exs and ads in equal shares and proportions In witness &c. (see ante, No. XLVI.)

Agreement whereby Part of Purchase Money is to remain in
Purchased Lands until Minors attain 21-see post, PUR-

CHASES.

No. LXXVII.

Agreement for the Sale of Leasehold Premises, with a Covenant to take the Furniture.

1. Executors bound by Agreement.

2. Production of Lessor's Title.

3. Indemnity against Rents and Co

venants.

4. Taking a New Lease.

5. Not Assigning without Lessor's Con

sent.

Executors bound by agreement.

Production of lessor's title.

Indemnity against rents and covenants.

Taking a new lease.

SECT. 1. An agreement for the sale of a leasehold interest will be binding on the personal representatives, although not named, Smith v. Watson, Bunb. 55.

2. Provision ought to be made in the contract to assign a lease as to the production of the lessor's title. A court of equity will not compel specific performance where the vendor is plaintiff, unless he can show a good title in the lessor to the estate out of which it is granted; and consequently, a vendor who is either unwilling or unable to show a title, must expressly stipulate to that effect in the contract, White v. Foljambe, 11 Ves. 337; Deverell v. Ld. Bolton, 18 ib. 505; Fildes v. Hooker, 2 Mer. 424.

3. A purchaser of a leasehold is bound, it seems, to indemnify the lessee against the rents and covenants in a lease, although the vendor may not, at the time of the contract, have made any stipulation to that effect, Pember v. Mathers, 1 B. C. C. 52; Stains v. Morris, 1 Ves. & Bea. 13.

4. Under a contract for the residue of a term, a purchaser will not be compellable to take a new lease, Mason v. Corder, 7 Taunt. 9.

5. Where there is a clause in a lease against assigning without the lessor's consent, the vendor is bound to procure such consent, Lloyd v. Crisp, 5 Taunt. 249; Mason v. Corder, 7 Taunt. 9; S. C. 2 Marsh. 232.

No. LXXVII.
Sale of
Leaseholds.

Not assigning without consent.

Vendor agrees to assign pre

mises for the residue of the

term.

Articles &c. see ante, No. XLVI. Betn &c. as follow The sd (Vendor) in conson of the sum of £ to be pd as hnaftr is mentd doth hby for himself his &c. (a) covenant &c. with &c. the sd (Purchaser) his &c. that he the sd (V.) shall and will on or before the day of convey unto the sd (P.) at his own costs and chs All that leasehd messe &c. (parcels) for the residue of the term now to come and unexpired granted to the sd (V.) by virtue of an indre of lease bearg date on or about the subject to such payments conditions and covts as in the sd lease are reserved to be pd kept and performed by the lessee (b) in conson whof the sd (P.) doth hby Purchaser covt and agree with the sd (V.) that he the sd (P.) shall and will agrees to pay well and truly pay unto the sd (V.) his exs or ads the sum of money. of lful money of Gt Brit on or before the and on the exon of the conveye by which the sd preses are to be granted and conveyed as afd in full for the purchase

£

day of

day of

purchase

taken at a valu

ation.

of the sd preses And it is hby furr agrd by the pties hto that Furniture to be such househd furniture goods and effects as the sd (V.) shall think proper to leave in and about the sd preses at the time that he shall quit posson thof shall immly aftwds be valued. and appraised by two indifferent psns which the sd pties hby agree to choose for that purpe and that the same shall be taken by the sd (P.) according to such appsmt And (c) the sd (P.) Purchaser doth hby agree that he the sd (P.) shall and will within mnths after the sd appraisement shall be delivered to him pay lure w

(a) As to the naming of executors, &c. see ante, sect. 1.

(b) As to the necessity of any stipulation in the contract for indemnifying the vendor against the rents and covenants in the lease, see ante, sect. 3. Also as to the covenant respecting the title of the lessor, see ante, sect. 2.

(c) If the agreement be to sell the stock of a farin, say "And the sd (V.) doth agree to bargain and sell to the sd (P.) All the corn grain grass and roots now growing on the sd farm or being in or upon any pt of the sd preses And also all the horses cows pigs carts waggons ploughs and all or. live and dead stock belonging to the sd (V.) and now on the sd preses the whole to be taken at an appraisement or valuation to be made by two indifferent psns whom the sd pties hby agree to choose &c. for that purpe and that the same shall be taken &c." (as above.)

agrees to pay for the furniture when valued.

No. LXVII.
Sale of
Leaseholds.

such sum of money as the same househd furniture (or “stock &c.") shall be appraised or valued at as afd In witness &c. see ante, No. XLVI.

No. LXXVIII.

Sale of an
Advowson.

Vendor agrees to make out a title, and to

convey advow

son.

No. LXXVIII.

Agreement for the Sale of an Advowson, and also for a
Lease of the Tithes.

Obs. 1. The grant of an advowson during a vacancy is void, quoad the next presentation, Grey v. Hesketh, Ambl. 258; but not as to the advowson itself, Barrett v. Glubb, 2 Bl. 1052. So the sale of the next presentation is void by the Statute of Simony, and a contract for the sale of the next presentation, the parties at the same time knowing the incumbent to be at the point of death, is simoniacal, Fox v. Bishop of Chester, 2 B. & C. 635. So by the 12 Ann. s. 2, c. 12, if any clerk purchase for himself the next presentation, and is presented thereon, the next presentation is void, (see further, Dig. p. iì. tit. ADVOWSON; p. iii. tit. PRESENTATION.)

2. If a church become vacant by the promotion of the incumbent to a bishopric, the queen, by her prerogative, has the next presentation; provision is therefore frequently made for this event in the contract for the purchase of an advowson.

Articles &c. see No. XLVI. Witness That in conson of the sum of £ to be paid to &c. (Vendor) by &c. (Purchaser) at the time hnaftr mentd he the sd (V.) for himself &c. (agreement to make out a title, see No. LXXIV.) and at the request costs &c. on or before &c. well &c. convey &c. unto &c. (P.) his &c. All that advowson donation right of patronage and presentation of in and to the rectory of afd with the rights members and apts and the inhance thof free from all incumbs whatsr charged upon or in anywise affecting the sd advowson or the incumbent thof save and except the land-tax amounting to £ per ann. a tenth amounting to £ and procurations amounting to £ rector or incumbent of the sd rectory of

of his age

yr of his

per ann. synodals And whas the present

hath completed the

Now these presents furr witness and it is

hby decld and agrd by and betn the pties hto That in case of the death resignation cession deprivation or relinquishment of the sd (V.) on or before the day of

next ensuing he the