No. XXVI.

Mortgage in Fee, by a Man and his Wife, of a
Freehold Estate of the Husband.

Variations where it is the Estate of the Wife.
Where a Fine has been already acknowledged.
Where Part of the Estate is Copyhold.

Where the Conveyance is of a Moiety or other Portion
of the Estate.

Where it is of a Remainder or Reversion.

Where the Mortgagor is Tenant in Tail.

Where a Trust is created or Power given for Sale on
Default.

Where the Mortgage is by Demise.

Other Variations as in Margins below (1).

MORTGAGES

Husband and
Wife.

(1) See also notes and variations to No. IV. ante, p. 61, et Notes, &c. seq. and ante, Vol. II. No. XXXI. p. 1, et seq.

* If brevity be particularly desired, the words within brackets Brevity. may be omited throughout the precedent.

Husband and
Wife.

Recitals.

MORTGAGES of the one part (1), and (the mortgagee) of, &c. of the other part. WHEREAS the said (mortgagor) is seised to him and his heirs of the messuages, &c. (2) hereinafter described as for an estate in fee-simple therein, (or as the case may be) (subject only to a title to dower) of the said his wife. AND WHEREAS the said (mortgagor) having occasion for the sum of £ hath agreed with the said (mortgagee) for the loan to him thereof, on the security of the bond (3) of the said (mortgagor), and such conveyance and assurance by way of mortgage of the said lands and hereditaments, as hereinafter is expressed. AND WHEREAS the said (mortgagor), in pursuance and part performance of his said agreement, hath by his bond or obligation in writing, bearing even date herewith, be

Vendor's trustee.

Recitals.

Demise.

Tail.

Reversion, &c.

Equity of redemption.

Moiety, &c.

Copyholds, &c.

Bond.

(1) If the vendor took the estate with limitations to a trustee to bar dower, make such trustee a party, as post, No. XXVII. (2) Here the mortgagor's title may be recited, see ante, No. IV. n. (1).

If the mortgage be made in pursuance of a preliminary written agreement, see ante, p. 63, n. (2).

If the mortgage is intended to be by demise, see ante, No. V. and ib. p. 133, n. (1).

If the vendor be tenant in tail, see ante, No. VII.

If he be entitled in remainder or reversion, see No. IX.

If the conveyance be of an equity of redemption only, see No. X.

If a moiety or other undivided part, see No. XI.

If part of the premises are copyhold, see ante, No. XIII. and XXV.

If part leasehold, see ante, No. XIV. and XXV.

(3) of a bond to accompany a mortgage, see ante, p. 32, n. (1).

NESSETH,

Husband and
Wife.

WITNESS, that

in consideration

of the money

lent,

come bound to the said (mortgagee) in the penal MORTGAGES sum of £ with a condition thereunder written for making void the same on the payment of the said sum of £ with interest, after the rate of £5 per cent. per annum, at the time and in the manner, in the said condition, and as hereinafter mentioned.] Now THIS INDENTURE WITthat in [further] pursuance and execution of the said agreement, and in consideration of the sum of £ of lawful and current money of that part of the United Kingdom of Great Britain and Ireland called England, 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 (1), the receipt whereof the said (mortgagor) doth hereby acknowledge, [and of and from the same doth absolutely acquit, release, discharge, and exonerate the said (mortgagee) his heirs, executors, administrators, and assigns, by these presents and by the receipt hereupon indorsed, [and which said sum of £ is the same sum of £ tioned in the condition of the hereinbefore in part recited bond.] THEY the said (mortgagor) and The mortgagor his wife (2) HAVE, and each of them HATH, and release. granted, bargained, sold, aliened, and released,

as is men

and wife grant

(1) If the consideration be other than money paid down at Consideration. the time of the execution of the mortgage, see ante, No. IV. p.

66, n. (4), et seq. and ante, p. 418, notes.

(2) See ante, Vol. II. p. 6, n. (2), as to the wife's joining in Wite. the release.

Husband and
Wife.

Parcels.

MORTGAGES and by these presents Do, and each of them Doтн, grant, bargain, sell, alien, release, and confirm unto the said (mortgagee) and his heirs (1), ALL, &c. (2) or howsoever otherwise, the said messuages, lands, tenements, and hereditaments, or any part thereof, now are, or is, or heretofore were or was, situated, tenanted, called, known, described, or distinguished, [(3) and also all other the messuages, lands, tenements, and hereditaments, (if any) which are described or comprised in a certain indenture of bargain and sale for a year hereinafter referred to, as bearing date the day next before the date hereof.] TOGETHER with all [houses (4), out-houses, buildings, barns, stables, coach-houses, dove-houses, yards, cellars, vaults, areas, ancient and other lights, ways, paths, passages, gardens, orchards, ponds, waters, land covered with water, water-courses, timber and other trees, woods, underwoods, and the ground and soil thereof, mines,

General appurtenances.

Demise.

Parcels.

Other messuages, &c.

General words.

(1) If the mortgage be by demise, see ante, p. 137, and omit the subsequent words within brackets.

(2) Here describe the subject of the conveyance by its ancient and present name, situation, tenancy, &c. as ante, p. 33, n. (2); and see Vol. II. p. 6, n. (2).

(3) The lines within brackets may be omitted, when the premises consist of so small a number of parcels, &c. as that there can be no probability of any omission in the description of them. (4) These general words must, of course, be made applicable to the particular kind of hereditaments previously described; and see general words applicable to different kinds of real property, INDEX, voce GENERAL WORDS.

Wife.

the bargain and

quarries, rights and privileges of common of every MORTGAGES kind, and all] and all manner of [other] rights, Husband and privileges, easements, advantages, appendances, and appurtenances whatsoever, to the said messuages, lands, tenements, and hereditaments, or any part thereof belonging, or in any wise appertaining, or reputed or deemed so to be, or with the same, or any part thereof, now or heretofore holden, used, occupied, or enjoyed, except, &c. (1) (ALL which (2) said messuages, lands, tenements, Reference to and hereditaments are now in the actual possession sale for a year. of or legally vested in the said (mortgagee) by virtue of a bargain and sale to him thereof made by the said (mortgagor) [and his wife] for five shillings consideration, by indenture (3) bearing date on the day next before the sealing and delivery of these presents, for the term of one year, commencing from the day next preceding the date of the same indenture, and by force of the statute made for transferring uses into possession.) And the reversion and reversions, remainder and remainders, of and in the said hereditaments and premises, and the rents, issues, profits, and proceeds thereof; and all the estate, right, title, in

(1) If there be a right of way or other appurtenant to be ex- Exceptions. cepted, insert such exception here.

(2) If the mortgage be by demise, omit this reference to the Demise. bargain and sale for a year.

(3) See the form of this bargain and sale, ante, p. 26, and Vol. Lease for a

I. pp. 110. 117; see also ante, p. 35, n. (1).

year.

If the mortgage be by demise, this grant of the reversions Demise, and remainders may be omitted; see ante, p. 138, nn. (1), (2).