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Conveyance of Freehold and Leasehold Premises,

with Opinions of Counsel on some material Points.

Parties.

Contract recited.

This INDENTURE, made, &c. BETWEEN (ven. dor) of the one part, and (vendee) of the other part. Whereas the said (vendee) hath contracted and agreed with the said (vendor) for the absolute purchase as well of the inheritance in fee-simple of the messuage, &c. hereinafter mentioned to be hereby released, as also of the yard, &c. hereinafter mentioned to be hereby assigned for the residue yet to come and unexpired of the term of years hereinafter mentioned, at or for the price or sum of

; and the said (vendor) hath also agreed that the sum of . part of the said purchase money, shall be paid to (a creditor of the vendor) of the city of in satisfaction and discharge of the like sum

due and owing to him by and from the said (venConsideration. dor). Now THIS INDENTURE WITNESS ETH, that

for and in consideration of the sum of
by the said (vendee) (at the request and by the
direction of him the said (vendor) testified by his
being a party to and sealing and delivering these
presents) to the said (creditor) and of the fur.
ther sum of

by the said (vendee) to the said (vendor), also in hand at or before the sealing and delivering of these presents well and truly paid, the payment and receipt of which said se. veral sums of

and

making toge

ANCE.

nions.

veyance,

ther the said sum of

the full considera- CONVEY. tion for such purchase as aforesaid ; He the said (rendor) doth hereby acknowledge, and thereof Of Freehold and and therefrom, and of and from every part thereof, mises, with Opidoth acquit, release and discharge the said (vendee) his heirs, executors, administrators and assigns, for ever, by these presents, and for divers other good causes and valuable considerations, him the said (vendor) hereunto moving; HE the said Words of con(vendor) Hati granted, bargained, sold, aliened, released and confirmed, and by these presents Dots grant, bargain, sell, alien, release, and confirin unto (vendee) (in his actual possession now being by Mention of

lease for a year, virtue of a bargain and sale to him thereof made by the said (vendor) for 5s. consideration by indenture bearing date the day next before the day of the date of the same iridenture of bargain and sale, and by force of the statute made for transferring uses into possession), and to his heirs, ALL, &c. [Here introduce parcels, with general words.] TO HAVE AND

the said Habendum. messuage, &c. mentioned to be hereby granted and released with their and every of their appurtenances unto the said (vendee) his heirs and assigns, To THE ONLY proper use and beloof of To the use of

purchasers. the said (tendee) his heirs and assigns for ever, and to or for no other use, intent, or purpose whatsoever. And the said (vendor) for himself, Vendor covena his leirs, executors and administrators doth co- seised in fee; venant, promise, and agree to and with the said (vendee) his heirs and assigns in manner following, (viz.) that for and notwithstanding any act, matter or thing whatsoever by the said (vendor) at any time heretofore done, committed, or wittingly or willingly suffered to the contrary, be the

D D

TO HOLD

ANCE

CONVEY- said (vendor) at the time of the sealing and deli

- very of these presents is and stands lawfully and O; Freehold and rightfully seised of all and singular the said mises, with Opi- messuage, &c. mentioned to be hereby granted

and released with their appurtenances, of and in a pure, perfect, absolute, and indefeasible estate of inheritance in fee-simple, without any condition, contingent proviso, power of limitation of any new or other use or uses, or any other restraint, matter or thing whatsoever, to defeat, alter, change, charge, determine, or make void

the same (except as is hereinafter excepted). Hath good right AND ALSO, tbat be the said (vendor) (for and notto convey;

withstanding any such act, matter or thing as aforesaid) vow bath in himself good right, full power, and lawful and absolute authority to grant, bargain, sell, and release all and singular the same several premises mentioned to be hereby granted and released with the appurtenances unto and to the use of the said (vendee) bis heirs and

assigns in the manner aforesaid, according to the for peaceable true intent and meaning of these presents. And enjoyment;

FURTHER, that he the said (vendee) his heirs and assigns shall and may from time to time, and at all times for ever hereafter, peaceably and quietly have, hold, occupy, possess and enjoy all and singular the said messuage, &c. mentioned to be hereby granted and released, and to take the rents, issues and profits thereof to his and their own use and uses, without the let, suit, hindrance, interruption, or denial of the said (vendor) his heirs and assigns or of any other person or persons whomsoever lawfully clairing, or who shall or may claim any estate right, title, trust or interest, of, in, to, or out of the same premises or any part of

ANCE.

nions.

parcel thereof, by, from, or under him. AND CONVEYthat free and clear, and freely, clearly, and absolutely acquitted, exonerated, and discharged, or Of Preckold and otherwise by the said (vendor) his heirs, execu- mises, with Opia tors, or administrators, well and sufficiently saved, kept harmless and indemnified of and from all former and other gifts, grants, bargaius, sales, portgages, jointures, dowers, uses, intails, rents, arrears of rents, statutes, recognizances, judgments, titles, charges or incumbrances whatsoever, had, made, done or committed by the said (vendor) * (other than and except such term or terms of years created of the said premises mentioned to be hereby granted and released if any such there be, as is or are or shall be assigned, IN TRUST for the said (vendee) his heirs and assigns, to the intent the same term and terins if any such there be, may wait upon and attend the inheritance in reversion immediately expectant thereon, of and in the said premises nuentioned to be hereby granted, in order to protect the same from all mesne incumbrances, if any such there be.) AND ALSO, except one gabel rent or other rent of tbree-halfpence yearly issuing out of the same premises or some part thereof, and payable to the sheriffs of the city of

for the time being, or to some other person or persons.

AND And for further MOREOVER, that the said (vendor) his heirs and assigns, and all and every other person and persons whomsoever baving or lawfully claiming, or who shall or may bercafter have or lawfully claim any estate right, title, trust, or interest, of, in, to, or out of the said premises mentioned to be

assurance,

* See Postcript to Mr. F.'s opinion, p. 409, 410.

ANCE.

nions.

CONVEY. hereby granted and released or any part thereof,

by, from, or under him, (except as is hereinbeOf Freehold and fore excepted) shall and will from time to time mises, with Opi- and at all times hereafter, at the reasonable re

quest, costs and charges in the law of the said (vendee) his beirs or assigns, 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 act and acts, thing and things, conveyances and assurances in the law whatsoever, for the further, better, and niore effectual securing and conveying the said premises mentioned to be hereby granted and released as aforesaid or any part thereof, unto and to the use of the said (tendee) bis heirs and assigns for ever, be the same by fine or fines, common recovery or recoveries, or any other matter of record or otherwise howsoever, as by the said (vendee) his heirs and assigns or their counsel learned in the law, shall be reasonably advised or required, so as such further assurances contain in them no further or other covenants or warranty than against the person or persons who shall be required to make and execute the same, and against her and their own heirs ac's and deeds respectively, and so as no person be compelled or com pellable to travel or go from the usual place

of his or her abode for the making or doing thereAssignment. of. AND THIS INDENTURE FURTHER WITNESS

ETH, that for the considerations aforesaid he the said (vendor) liath granted, bargained, sold, assigned, transferred and set over, and by these presents Doth grant, bargain, sell, assigo, transfer and set over unto the said (vendee) his execu

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