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in; and I believe the constant practice is, that CONVEY-
deed bound to a general warranty, which will
tors, administrators and assigns; and as she died
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 his 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 purchaser 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 him 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 war ranty, 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 which 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 seve ral 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 rent. And I also conceive that a good title is derived to him as to the leasehold the remainder of the term of ject nevertheless to the said rent of 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 his 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 compel 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 (vendor) himself, 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 which I have had of bearing testimony to the integrity of Mr. H. for which I have the highest veneration, and to his 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.
P. S. As it must be observed, I have altered this draft so as to avoid making mention of the
CONVEY- draft to Mr.
or of the other term in Mr.
My reason is, that it has been very properly objected to by many gentleman who go the circuit and attend nisi prius bars, as a great absurdity to shew on the face of a conveyance of the freehold and inheritance of any hereditaments that there is a legal estate standing out, by which many plaintiffs in ejectment have been nonsuited; I therefore, many years since, adopted this general method of excepting terms, which is now the known practice of the most eminent conveyancers.
Case, with the Opinions of two very eminent
A. having two sons, and being seised in fee of a messuage and garden, and also of a farm consisting of a messuage and sixty acres of land, and entitled unto two houses for the remainder of two terms of ninety-nine years, dies; devising the messuage and garden to his second son in fee, and bequeathing one of the leasehold houses to his eldest son absolutely.
Appoints his second son executor.
The messuage and garden have been in A.'s family nearly a century, having descended to him through several ancestors.
The farm des ended to the eldest son, and was purchased by A. of the assignees of a bankrupt, except two acres of land in one of the fields which were bought by A.'s great grandfather, and which came to A. by descent from the purchaser, through the intermediate ancestors; but the precise situation of these two acres cannot be exactly ascertained.
The lease of the messuage given to the eldest son was granted to A.
The lease vested in the executor came to A. from the original lessee by several mesne assignments.
A. owed at the time of his decease debts to the
As to Extent of