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tors, administrators and assigns, all the said CONTEYyard, &c. comprised in the said, &c. and therein mentioned to have been demised by, &c. &c. &c. Leasehold prea
Of Freehold and and afterwards assigned by, &c. to the said (ven- mises, with Op. 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, adıninistrators 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 (vendorj hath not at any time heretofore made, dove 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 be the said (vendlor) his heirs, and shall be disexecutors and administrators shall and will from 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 of
reserved and made payable by the said
charged of rent.
CONVEY- before in part recited, &c. and all arrears there
of, and every part thereof, and all costs, charges, Of Freehold and damages and expences which the said (vendee) 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 (vendee) 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
receiv. ed as aforesaid by me.
I have perused this draft and another draft sent berewith, 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 attorney but a bare vaked 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,
in; and I believe the constant practice is, that CONVEYthe purchaser pays for all copies of deeds, unless it is particularly declared to the contrary. I can
Opinions. see no reason for (vendor) to enter into a general warranty or into general covenants, because (vendee) will have the same benefit of a warranty under the deed of purchase which (vendor) himself made, and
are by that deed bound to a general warranty, which will extend not only to (vendor) and his heirs, but also to bis assigns, and so in finitum, Co. Litt. 384.; but if (vendee) does insist
general warranty or general covenants being entered into by (vendor), then (vendor) will have a right to, and must retain the title deeds; Co. Litt. 6. I Co. Rep. 1.- With respect to an indemnity against the rent of
payable from Mrs. cstate-Mrs,
by her lease covenants to indemnify Mrs.
her executors, administrators and assigns; and as she died in good circumstances, I thought it needless then for Mrs.
to enter into any covenants at all as I now do, for (vendee) will have the benefit of that covenant.-I think it will be better for (vendee) that no notice should be taken of any of the crown rents, for (vendee) will have the benefit of that covenant from
for that purpose, and no rents have ever been paid to the
I am informed. - It is probable it was at first only introduced ex abundante cnuield, to preserve the right of the crown; but as no repts have been paid, it will be presumed none is due, and the sooner they are omitted the better it will be hereafter for the subsequent vendor.
I concur with Mr. H. as to the execution of the purchase deeds to (vendee) by (vendor) only, and take no notice of (creditor) or the letter of attorney; but, with regard to bis answers to my other objections, I am so unhappy as to differ from him in my sentiments, and can see no reason to retract any part of my former opinion.All the title deeds ought certainly to be delivered to the purcbaser notwithstanding any covenants (vendor) may be required to enter into, to corroborate the title.
If (vendor') is to enter into a general warranty and other general covenants, I cannot advise bim to deliver up the title deeds, and in point of law he is undoubtedly entitled to them; but I would advise (vendor) either to enter into a general warranty, and retain the deeds in his own hands, or to covenant particularly that the premises are free from all incumbrances done by him, and then deliver up the deeds, which ever will be most agreeable to (vendee) ; and if neither of these can be complied with, I advise (vendor') to let (vendee) off the bargain.
I have perused the abstract of (vendor's) title left herewith, and conceive that by indentures of lease and release, of wbich release the above is the draft, he may convey a safe title to the inheritance in fee simple of the freehold premises herein comprised to (vendee), subject to the several terms of years vested in (vendor) and (creditor), which terms must be severally assigned to different trustees to (vendee), and also to attend
the inheritance, and also subject to the gabel CONVEY.
reserved by the original lease, which comprise other hereditaments no doubt charged with and sufficient to answer this renf. And I have also perused and approved this draft, as altered by me, conceiving that whenever a vendor produces bis title to the purchaser's counsel, such purchaser must accept or show some reasonable and legal objection for rejecting it:--if the latter is not made apparent no court either of law or equity will com pel such vendor to enter into a general warranty, or into any covenants which imply a warranty further than his own acts or the acts of his ancestors who may have been the purchasers; and as (vendee) will be entitled to the full benefit of all the covenants of, &c. I conceive that (vendee) may rely upon them only. As to the deeds being sent over and executed by i vendor) bimself, I entirely approve of it, and advise the attestation to be by a public notary and captain of the vessel by whom they are sent. As this is the first opportunity wbich I have had of bearing testimony to the integrity of Mr. H. for which [ have the highest veneration, and to liis abilities in his profession, to which I shall always pay great deference, I think myself happy to have his concurrence in all material points relating to this transaction.
F. P. S. As it must be observed, I have altered this draft so as to avoid making mention of the