MORTGAGES

Mortgagor to Mortgagee in fee. (Full Form.)

Parties.

Recitals.

No. III.

Mortgage in Fee, by Lease and Release, of
Freehold Messuages, &c. by the Owner of the
Inheritance.

Variations as in margin below.

I. The Bargain and Sale, or Lease for a Year (1).

[* WHEREAS the said (mortgagee) has contracted with the said (mortgagor) for the loan to him of the sum of £ at interest, to be secured on the messuages, lands, and hereditaments hereinafter described. AND WHEREAS for the purpose of transferring the possession of the said lands and

Parties.

Brevity.

(1) See the notes subjoined to the bargain and sale for a year, ante, Vol. I. No. XIII.

(b) As to who are to be made parties to the bargain and sale for a year, see ante, Vol. I. n. (3).

* The form may be shortened without prejudice to the assurance, by omitting the words, &c. within brackets.

Mortgagor to

Mortgagee in fee. (Full Form)

WITNESS,

that in consi

deration of 5s.

hereditaments unto the said (mortgagee) and ena- MORTGAGES bling him to take a release of the reversion and inheritance of the same to him and his heirs, the said (mortgagor) has agreed to execute a bargain and sale to him thereof in the manner hereinafter expressed. Now this INDENTURE] WITNESSETH, that [in pursuance of the said agreement, and] in consideration of the sum of five shillings of lawful money of Great Britain and Ireland, to the said (mortgagor) in hand well and truly paid by the said (mortgagee) at or immediately before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, He the said (mortgagor) HATH bargained and The mortgagor sold (c), and by these presents DоTH bargain sells. and sell unto the said (mortgagee) his executors, administrators and assigns, ALL that, &c. (d), The parcels.

bargains and

(c) If the mortgagor be a body corporate, say,

"Demised and leased" instead of "bargained and sold.”

Corporation.

(d) Here describe the subject of the conveyance, with ap- Parcels. propriate general words as in the release, p. 33, and see ibid.

n. (2).

If the mortgage be of a moiety or other portion only of the Moiety, &c. estate, say,

"All that full and undivided moiety, or half part, (or as

the case may be) the whole into two equal parts being con

sidered as divided, of and in ALL, &c."

And if it be a remainder or reversion expectant upon the de- Remainder, &c. termination of any particular estate in being, say,

"ALL that the remainder or reversion expectant and to

MORTGAGES or howsoever otherwise, the said messuages, lands, tenements, and hereditaments, or any of them, Mortgagor to Mortgagee in fee. now are, or is, or at any time heretofore were or (Full Form.) was called, known, described, or distinguished; and also all other the messuages, lands, tenements, and hereditaments (if any) which are or are expressed or intended to be comprised in and granted and released by a certain indenture of release hereinafter referred to, as bearing or intended to bear date the day next after the day of the date of these presents. Together with all and every the rights, members, and appurtenances TO HOLD to the to the same belonging, or incident thereto. To

mortgagee for

one year.

HAVE AND TO HOLD the said messuages, lands, tenements, hereditaments, and all and singular other the premises hereinbefore bargained and sold, or mentioned or intended so to be, with their and every of their rights, members, and appurte nances unto the said (mortgagee) [his executors, administrators, and assigns,] from the day next before the day of the date of these presents, for the term of one year to be thence next ensuing. At the rent of [YIELDING AND PAYING (e) for the same, (at the

a pepper corn.

Life estate.

take effect in possession upon the decease or other sooner determination of the estate for life, of

ALL," &c.

&c. of and in

(e) If the estate of the mortgagor be for life only, add, "If the said (mortgagor or other cestui que vie) shall so long live."

Mortgagor to

(Full Form.)

yearly rent of one pepper corn, on the last day MORTGAGES of the said term, if demanded)] to and for the intent and purpose, that by virtue of these pre- Mortgagee in fee. sents, and by force of the statute made for transferring uses into possession (f), "the said (mortgagee) may be put into and be in the full and actual possession (g) of the same premises, with their appurtenances," and thereby be enabled to accept and take a grant and release of the freehold, reversion and inheritance (h) of the said premises expectant upon the determination of the said term, unto and for the use and behoof of him

To enable him

to take a release

of

the reversion.

(ƒ) If the conveyance be by persons who are incapable of Corporation. standing seized to an use, and a lease at common law be made instead of a bargain and sale, the words " by force of the statute made for transferring uses into possession," should be omitted, and, instead of them, say,

"By virtue of these presents, and of actual entry to be had and made into, and upon, and possession taken of the said demised premises in pursuance hereof."

(g) If the mortgagor's estate be in remainder or reversion, Remainder, &c. instead of the words within inverted commas, say,

"To the intent, &c. that the said remainder or reversion,

expectant as aforesaid, may become and be legally and fully vested in the said (mortgagee) so and in such manner that he may be enabled to take a release of the freehold and inheritance," &c. as in the text.

(h) If the mortgagor have but an estate for life, say, "Accept and take a grant or release of the reversion of the freehold and inheritance of the same premises, to the use of the said (mortgagee) and his heirs, during the life of the said (mortgagor) according," &c.

Life estate.

Mortgagor to (Full Form.)

MORTGAGES the said (mortgagee) his heirs and assigns (i), according to the form and effect, and the true Mortgagee in fee. intent and meaning of a certain indenture of grant and release, by way of mortgage, already prepared and engrossed, and made or expressed to be made between the same persons as are parties hereto (or if there be other parties, between the said A. B. and C. D. therein described to be of, &c.) and bearing or intended to bear date the day next after the day of the date of these preIN WITNESS, &c.

sents.

Uses.

(i) If the mortgage be made to uses, &c. say,

"To them the said (trustees, &c.) to such uses, and upon such trusts, and for such ends, intents, and purposes, as in or by an indenture of, &c. (as above) is, are, or shall or may be declared or expressed of or concerning the same."