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CASE.

2d. If a vendor claims by descent or under a

will, then he must covenant against the acts as to Extent of
of his ancestors or testator; and if such tes. Covenants from
tator had claimed by descent or will, then
the covenants might be required to extend to
the acts of all persons under whom such tes-
tator derived his title.

Venilor to l'endee.

3d. A mere executor not beneficially interested

cannot be required to covenant against his
testator's acts.

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With respect to the term, supposing A. in his life-time had sold these premises, then, I apprehend, he could not be required to covenant against the bankrupt's acts or those of his assignees, but only against his own acts and the acts of his father, in respect of the premises purchased of such assignees, and against his own acts and those of bis ancestors, in respect of the two acres which he took by descent ; (that is to say) his covenants might bave been required generally against his own acts and those of his ancestors, without any reference to the two acres or the rest of the premises, and therefore I am of opinion that his eldest son can only be required to covenant against his own acts and those of his ancestors in respect of the farm.

And, with respect to the leasehold house sold by such eldest son to C., he should covenant against his own acts and the acts of his father the testator, who, I suppose, was the lessee.

The second son, as executor, will, of course, be a party to the assignment of the leasehold house, and must enter into the usual covenant, that he has done no act to incumber.

CASE.

Vendur lo
Vendee.

As to the messuage and garden sold by the seAs to Extent or cond son to D-he, such second son, is to coveCovenants from nant against bis own acts and those of bis ances

tors,

With respect to the leasehold house which should seem to have vested in the second son merely as executor, he can only be required to covenant against his own acts and as far as he is beneficially interested, that is to say, as to twothirds against his own acts and those of his father: but if he bad money from the testator sufficient to discharge his debts, then as to the entirety of the leasehold house.

A.

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ASSIGN-
MENT.

No. LX.

Of 'wo

Trusis

interest has

mortgages

, part of the

À ssignment and Conveyance of two Mortgages Mortgages in

and Premises in Trust for a Gentleman who had purchased part of the Premises of MortSagor.

AND WHEREAS not only all interest due for Recites that the said principal sum of

secured to be bren paid and

part of princ pal paid to the said (first mortgagee) as hereinbe- paid o. first fore is mentioned, hath been fully paid and satisfied by the said (mortgagor) to the day of the date hereof, but the sum of said principal sum of

hath also been paid to the said (first mortgagee) by him the said (mortgagor), so that only the suni of now remains due to the said ( first morigagee) upon the security or securities made to him as aforesaid and no more, and which he the said (first mortgagee) doth hereby acknowledge. AND WHEREAS also all the interest of the said principal sum of other mortgage.

secured to be paid to the said (second mortgagee) as aforesaid, hath been fully paid and satisfied to him by the said ( mortgagor) to the day of the date hereof, so that only the said principal sum of now remains due to the said (second mortgagee) upon the said securities made to him as aforesaid and no more, which he the said (second nortgagee) doth hereby acknowledge. AND WHEREAS the said (purchaser) is in A treaty for treaty with the said (inortgagee) for the absolute part o' pie purchase of the fee-simple and inberitance among loay of monies other things of the said several hereditaments in to dis barge the said county of

comprised in the brances, said recited mortgages, and the said (mortgagor)

All interest paid on the

purchase of

said incum

E E

ASSIGN.
MENT.

Of two Mortgages in

Trust.

hath applied to the said (purchaser) to advance and lend the said principal sum of

and so due and owing to the said (first and second mortgagees) respectively, on the before. mentioned securities, and to take assignments from them the said (mortgagees) respectively of their said several mortgage debts, and of the said several securities made to or vested in them for securing the re-payment of the said several sums in such manner as hereinafter is mentioned, and the said (purchaser) is desirous to take such assignments in the name of the said (a trustee) whom he hath requested to stand and be a trustee

for him in that behalf, and the said (trustee) is Consideration. consenting thereto. Now tuus INDENTURE WIT

NESSETH, that for and in consideration of the sum of

to the said (first mortgagee) in hand well and truly paid by the said at the request and by the direction and for the proper debt of the said (mortgagor) testified by his being a party to and his executing these presents, being in full discharge of all principal and interest money due and owing from the said (an ancestor of mortgagee) deceased, to the said (first mortgagee) upon the said recited securities made to him as aforesaid, or from the said (mortgagor) on account thereof, or otherwise howsoever, the receipt whereof, and payment whereof according. ly, He the said (first mortgagee) doth hereby acknowledge, and thereof and of every part thereof, Doti acquit, release, and discharge the said (purchaser) his heirs, executors, administrators, and assigns, and every of them, for ever by these presents; and also for and in consideration of the sum of ten shillings a piece to the said (first mortgagee) and (mortgagor) paid by the said (trustee) at or before the sealing and delivering of these presents, the receipts whereof are hereby Mortgages in acknowledged, He the said (first mortgagee) at the request and by the direction and appointment of the said (mortgagor) testified as aforesaid, Hatu bargained, sold, assigned, transferred, Assignment ceded, and made over, and by these presents Dory, at the nomination of the (purchaser) and with the privity of the said (second mortgagee), bargain, sell, assign, transfer, cede, and make over unto the said (trustee) his executors, administrators, and assigns, All that the said principal of the money, sum of so now remaining due to the said (first mortgagee) upon and by force and virtue of the said hereinbefore recited mortgages, indentures, and securities, or by any other ways or means whatsoeyer, and all and every sum and sums of money hereafter to grow or become due for or in respect of the interest thereof, together with the said indentures, mortgages, and securities, and all deeds, evidences, and writings touching the same, and all the right, title, interest, property, claim, and demand whatsoever of the said (first mortgagee) of, in, or to the said principal sum and premises, and every or any part thereof, To have, HOLD, receive, perceive, take, Habendum ab. and enjoy the said principal sum and the grow. ing interest thereof, and all other the premises bereby assigned unto the said (trustee) his executors, administrators, and assigns, as and for his and their own proper monies, goods and chattels for evermore, but in trust for the said (purchaser) his executors or administrators. And the said Usual power of (first mortgagee) for himself, his executors and

ASSIGN.
MENT.

Trust.

solutely.

attorney.

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