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CONVEY said (vendor) at the time of the sealing and delivery of these presents is and stands lawfully and Of 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, that he the said (vendor) (for and notwithstanding any such act, matter or thing as aforesaid) now hath 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) his heirs and assigns in the manner aforesaid, according to the for peaceable true intent and meaning of these presents. AND 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 claiming, 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 or
of Freehold and
parcel thereof, by, from, or under him. AND CONVEYthat free and clear, and freely, clearly, and absolutely acquitted, exonerated, and discharged, or otherwise by the said (vendor) his heirs, execu- mises, with Opitors, or administrators, well and sufficiently sayed, kept harmless and indemnified of and from all former and other gifts, grants, bargains, sales, mortgages, jointures, dowers, uses, intails, rents, arrears of rents, statutes, recognizances, judg ments, 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 terms if any such there be, may wait upon and attend the inheritance in reversion immediately expectant thereon, of and in the said premises mentioned 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 three-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 having or lawfully claiming, or who shall or may hereafter have or lawfully claim any estate right, title, trust, or interest, of, in, to, or out of the said premises mentioned to be
* See Postcript to Mr. F.'s opinion, p. 409, 410.
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 heirs 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 more 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 (cendee) his 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 acts and deeds respectively, and so as no person be compelled or compellable to travel or go from the usual place of his or her abode for the making or doing there
Assignment. of, AND THIS INDENTURE FURTHER WITNESS
ETH, that for the considerations aforesaid he the said (vendor) HATH granted, bargained, sold, assigned, transferred and set over, AND by these presents DoTH grant, bargain, sell, assign, transfer and set over unto the said (vendee) his execu
tors, administrators and assigns, ALL the said CONVEYyard, &c. comprised in the said, &c. and therein mentioned to have been demised by, &c. &c. &c. Of Freehold and and afterwards assigned by, &c. to the said (ven- mises, with Opi dor) as aforesaid, with the appurtenances, AND ALL the estate right, title, interest, term of years yet to come and unexpired, property, claim and demand whatsoever, both at law and in equity of him the said (vendor) of, in, to, or out of the said last mentioned premises, or any part thereof, TO HAVE AND TO HOLD the said yard, &c. men- Habe tioned to be hereby assigned with the appurtenan- term. ces unto the said (vendee) his executors, administrators and assigns, for and during all the rest and residue yet to come and unexpired of the said term of years, at and under the said yearly rent of one pepper-corn only if demanded. AND the said (vendor) for himself, his heirs, Covenant that executors and administrators doth covenant, pro- free from inmise, and agree to and with the said ( vendee) his cumbrances; executors, administrators and assigns in the manner following, that is to say, that be the said (vendor) hath not at any time heretofore made, done or committed, or wittingly or willingly suffered any act, matter, or thing, whereby or by means whereof the said premises mentioned to be hereby assigned, or any part thereof, are, is, shall, or may be impeached or incumbered, in estate, title, charge, or otherwise howsoever. AND ALSO, that he the said (vendor) his heirs, and shall be disexecutors and administrators shall and will from charged of time to time and at all times hereafter save, keep harmless and indemnified the said (vendee) his executors, administrators and assigns, of and from the payment of the said yearly rent or sum reserved and made payable by the said
CONVEY- before in part recited, &c. and all arrears thereof, and every part thereof, and all costs, charges, Of Freehold and damages and expences which the said (vendec) mises, with Opi- his executors, administrators, or assigns shall or may sustain or be put unto on account thereof. IN WITNESS, &c.
(Receipt to be Indorsed.)
RECEIVED On the day and in the year first within-written from the within-named (cendee) the within-mentioned sum of
which with the
within-mentioned to be paid to the within-named (creditor) is in full for the consideration money within-mentioned, I say, received as aforesaid by me.
I have perused this draft and another draft sent herewith, on behalf of (vendor); and with respect to (creditor) being a party to the deed, I am of opinion that he has no estate whatsoever in him. Nothing could pass by the letter of attor ney but a bare naked power for (creditor) to sell or lease the premises not coupled with any interest at all, and the power is only to be used in (vendor's) name; and therefore no occasion for (creditor) to be a party, but only to sign (vendor's) name for him, and deliver up the letter of attorney. Yet, as that may easily be lost or mislaid, I should think it more adviseable to send over the deeds of lease and release to be executed by (vendor) himself, in the presence of a notary public or some chief magistrate.-With respect to the objections made to this draft, I think those may be easily answered.-As to the costs of the copies of the deeds which belong to other estates, the agreement made for the purchase is silent there