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administrators, doth hereby constitute and appoint the said
his true and lawful attor, Of two
and in his name Mortgages in ney for him the said Trust. to ask, demand, sue for, recover, and receive of
and from the said (mortgagor) and such other person or persons as shall be bound or liable by law or otherwise to pay the same, all and every the sum and sums of money hereby assigned by the said
and every part thereof, with full power to give and sign proper receipts and acquittances for the same, and generally to do and perform all other matters and things needful or requisite in or about the premises, nevertheless in trust for the said
bis executors, administrators, and assigns. [The like assignment Conveyance from second mortgagee as to his claim.] AND
TO THE INTENT that the said manor, lands, and
hereinbcfore mentioned to be hereby assigned to the said (trustee) his beirs and as. signs, in trust for the said (purchaser) with the growing interest thereof may be effectually vested in the said (trustee) his heirs and assigns, ia trust for the said (purchaser) his executors, administrators, and assigns, in order to secure to him and them the re-payment of the said principal suins and interest. This INDENTURE ALSO WITNESSETH, that for the considerations aforesaid, and for and in consideration of the sum of ten shilling's a piece to the said (mortgagees) in hand paid by the said (trustees) before the sealing and delivering of these presents,
They the said (mortgagees) at the nomination and by the appointment of the said (purchaser) testified by his being a party to and his sealing More deti in and delivering these presents, Have, and each of them Hath bargained, sold, aliened, released, and confirined, and by these presents Do, and each of them Doth, grant, bargain, sell, alien, release, and confirm; and the said (mortgagor) for the considerations aforesaid, doth hereby grant, release, ratify, and confirm unto the said (trustee) (in his actual possession now being, by virtue of a bargain and sale to him thereof for the consideration of five shillings made by the said (mortgagees) and (mortgagor) by indenture bearing date the day next before the day of the date of these presents for one whole year, commencing from the day next before the day of the date of the same indenture, and by force of the statute for transferring uses into possession) and his heirs and assigns, All and every the manors, of the heredita. messuages, lands, tythes, tenements, woods, cop-gaged. pices, and hereditaments in the said county of
which in or by the several indentures hereinbefore recited, or by any of them, or by any other assurances, ways, or means, were, by the said (mortgagee or his ancestor), or either of them, at any time or times heretofore granted, released, conveyed, or assured to, or to the use, or in trust for the said (first mortgagee) for the securing to him or for his benefit, any such sum or sums as is or are hereinbefore mentioned, or any other sum or sums of money with the inter. est thereof, and all and every the manors, mesşuages, lands, tenements, and hereditaments, the equity of redemption whereof bath by the here
ASSION- inbefore recited indentures of, &c. or by any
other assurance, ways, or means been granted, Of iwo
released, or assured by the said (mortgagor) to Mortgages in
or to the use of the said (second mortgagee) his heirs and assigns, for the securing to the said
his executors, administrators, and assigns, the due payment of the said sum of and interest, or any other sum of money, with their and every of their rights, members, and
appurtenances, and the reversion, &c. and all the Habendum to estate, &c. TO HAVE AND TO HOLD the said matrustee iu fee.
nors, &c. hereinbefore mentioned to be hereby granted and released by the said (mortgagees) and (mortgagor) or any of them, to the said (trustee) unto the said (trustee) his heirs and assigns, To THE USE AND BEHOOF of the said (trustee) his heirs and assigns for ever, in trust nevertheless for the
said (purchaser) his heirs, executors, administraSubject to sub- tors, and assigns, subject to such equity of redempsisting equity.
tion for the benefitof the said (mortgagor) his heirs and assigns, on his or their re-payment to the said (purchaser)his executors, administrators, or assigns, of the two said several principal sums of aod
with the interest from thenceforth to grow due for the same, as is now subsisting of or
concerning the said premises, or as the premises Ugual covea are now liable unto. Covenants from (first mortgagee) with the trustee, that the full sum of
remained due on such of the said several recited securities as had thereinbefore been mentioned to have been made to, or to the uses, or in trust as aforesaid, and to the several other persons under whom his lordship claimed as aforesaid, and was then justly due and owing to him upon the aforesaid securities; And further, that
the same or any part thereof had not been received, released, discharged, or assigned or incumbered; And also that his lordship had good Mortgages in right, &c. to assign and transfer the same, and every part thereof unto the said (trustee) bis executors, administrators, and assigns, in trust for the said
his executors, administrators, and assigns, in manner thereinbefore men-tioned; And furthermore, that (first mortgagee) had done no act to incumber the estates. [Add similar Covenants from second mortgagee as to his claim.]
REA OVERY, &c.
RECOVERY AND BARGAIN AND SALE Cunuryance by
INROLLED Tenani in Tiril of un alternate Presentation to a Living
Minutes of a Conveyance by Tenant in Tail of an
alternate Presentation to a Living BY A WRIT OF PARTITION, (which see in Clifi's Entries, 552.) the sheriff delivered, allotted, and assigned, presentationem idonæ persouæ ad ecclesiam praedictam modo sequenti
, ciz. in secunda vice et turno, cum ecclesia predicta in proxima secunda vice et turno vacare contigerit. Et post eaudem secundam presentationem tunc qualibet altera vice et turno ecclesia predictæ vacantis imperpetuum præfat. Martino et Dorothee in brevi predicto nominatis tenend. eis et heredibus ipsius Dorothee in separalitate.
Also he delivered, allotted, and assigned,
presentationem secundam personæ ad ecclesiam predictam modo sequenti, viz. in prima vice et turno cum ecclesia predicta proxime vacare contigerit. Et post eandem primam presentationem tunc qualibet altera vice et turno ecclesiae predicte vacantis imperpetuum præfatis Carolo et Clementie in predicto brevi nominatis tenend. eis et heredibus ipsius Clementie in separalitate.”
Then follows the third division.
A recovery was afterwards to be suffered by a tenant in tail of the alternate presentation assigned to Clementia, as one of her heirs who had sold the same. A very eminent conveyancer, lately deceased, advised that the tenant in tail should