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qualification; that if the mortgagee lives at a distance from the vendor, the expence of the purchaser's journey should be paid by the vendor, as the former purchases on the faith of having to attend at the office of the vendor's solicitor, and it would be as unjust to make him take a long journey to examine writings held by a mortgagee, as if held by another party; and the practice inclines to the position here stated.

50. Attention to the following points will be of service in comparing the abstract with the writings, the importance of doing which properly, cannot be too strongly urged.

Commencement of the Title.

51. By Purchase.-Where the title commences with a purchase, using the word in its common acceptation, it will be under a surrender, or a bargain and sale from executors, or assignees of a bankrupt.

52. If under a surrender, notice particularly the statement in the admission, of the previous admission of the surrenderor, in order to see that there appears nothing throwing a doubt as to his power to surrender, or raising a suspicion that an estate tail existed; or if he is stated to have taken admission after a recovery, it would be prudent to see that the recovery was correctly suffered and the entail destroyed. It should be remarked, that though a recovery could only be suffered of copyholds under a custom, yet in most manors the custom exists.

53. If under a bargain and sale from executors, it would be requisite to inspect the will, in order to see the manner in which the power was given, that a surrender to use of will was made, and that the will was subsequent to such surrender, or the surrender, to uses declared or to be declared.

54. With respect to a bargain and sale under a bankruptcy, at such a length of time there would be little occasion to refer back.

55. Of course it will be ascertained that the ab

stract states correctly and with sufficient fulness, the parties, their acts, the parcels, and the grant; and that no exceptions or reservations are omitted to be abstracted.

56. By Will.-Where the first document is a will, it would be right to ascertain that there existed a previous surrender to its use, either previously to date of will, or to uses declared or to be declared, as previously to the Act of 55 G. 3, such surrender was requisite, although Courts of Equity would supply it in certain cases in favour of child, wife, or creditor. See 1 Preston on Abstracts, 204; 1 Coventry's Copyholds, 178, &c.; Scriven's Copyholds, 275, &c.

57. It should also be seen that the contents are fully abstracted so far as relate to the property in question, and it would be right to notice the way in which the will appears to be attested, though a will of copyholds does not require three witnesses, or the formalities attendant on freehold will. See 1 Co-ventry's Copyholds, 168; Scriven, 302; and see Precedents of Wills, post.

58. When the first party admitted appears to have been a minor, the appointment of guardianship in the court rolls should be referred to, in order to ascertain his age, which is generally there stated, with a view to the being satisfied that at the time of the next step in the title, he was competent to perform it.

(59.) When the will is that of a married woman, the previous surrender to the use of her will should be referred to, in order to see whether such surrender was by her and her husband, and whether she was separately examined, as such examination was requisite in order to render the surrender operative during her marriage; and a surrender to will before her marriage, would be suspended by her marriage. See George d. Thornbury v. Rippon & Dowling, Amb.. 627, 473; Scriven, 144, 272.

60. Under a forfeited Mortgage.-The admission of the mortgagor and his surrender should be

referred to, in order to see his competence to mortgage, and also the mortgage bond, if existing, should be inspected, as also any other documents affecting the mortgage, in order to see that the mortgage has not been recognized as subsisting within the last twenty years.

61. Under a Descent.-The previous admission of the last owner should be referred to, and it may be seen whether a surrender to will existed; it should be also seen that there is nothing on the title implying that a will existed. Some observations as to proof of heirship and intestacy, will be found in the parts relating to requisitions on the title. In the recent case of Stevens v. Guppy, 2 Sim. & Stu. 439, it was decided, that when the title commences with the heir, who claims on the ground of a will being defec-. tive, the purchaser is entitled to have such will produced, or evidence given of its contents.

62. Under surviving Joint Tenant.-Care should be taken to see that neither party made a surrender to will, as such surrender would sever the joint tenancy. See Scriven, 151, 273; and Gale v. Gale, 2 Cox, 136. The following case also occurred to the writer, connected with some manorial property in which he was interested. The parties were admitted as joint tenants, and afterwards each surrendered to the use of her will. On the death of one, the writer required the admission to a moiety, and the party intitled to admission, although a barrister of some standing, and a trustee only under her will, felt bound to concede the point and take admission. This is a point of considerable importance, but very likely to escape attention, from the habit of considering surrenders to will as mere matters of form.

63. On the Examination of the Abstract generally, the following observations will apply.-It would be as well to state in pencil or red ink the day of the inspection, and place, with a view to the question of expence; and in the margin the exact documents

"

produced should be stated, as for instance, "Plain copy will produced,"-" Office copy will produced," "Probate,"- Pedigree," (a copy of this ought to accompany the abstract,)" Affidavits as follow," (stating them,) Steward's copy admission,'

""Plain

copy admission," "No copy produced,' No copy produced," "Copy surrender," Bargain and sale," &c.

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64. Should any papers appear which are not mentioned in the abstract, note down every one of them, with a view to their careful examination and delivery on completion, thus, "Mortgage bond produced," Deed of covenant," Purchase agreement," &c. Carefully read through all the deeds of covenant, take a minute of any contents not abstracted, and if too long to take at the examination, and yet requisite on the title, note the circumstances and outline of contents, or apparent object of the deed, with a view to requiring a supplemental abstract.

65. Particular care should be taken in the examination of deeds of covenant and other documents affecting the equitable title; as frequently rights. reserved to other parties, liabilities for joint-rapair of pumps, walls, &c., payment of annual charges, and other points tending to affect the property, are only to be discovered by such careful examination; and unless discovered before completion of the purchase, great difficulty will be experienced by the purchaser in getting redress, and the solicitor justly blamed for negligence.

66. The indorsements on mortgage bonds should also be carefully looked to, and also all warrants to enter satisfaction on mortgages should be read through, as some only extend to a partial discharge of the amount, and others only discharge part of the mortgaged premises. Any deeds of covenant for production should be carefully perused, and the contents alluded to, stating all the documents to which they apply, as it may afterwards appear prudent to call for all such documents, in order to see that they

do not incumber the property or affect the title, as the statement in the deeds will be deemed notice to the purchaser of their contents.

67. Should the original copies of admission not be with the writings, the vendor's solicitor should be asked to account for their absence, and his reply noted down; and as respects the later copies, and particularly the copies of the vendor's admission, it is absolutely necessary that a satisfactory account should be given of the possession, since the case of Winter v. Anson, 3 Russ. 493, decided that the copy may be deposited in the hands of a creditor, and will in the hands of that party create a lien on the estate.

68. Should the vendor's solicitor name the party holding them, it would be proper to see such party, and compare the abstract with the copies; at the same time stating the purpose of the examination, and requiring a statement from him of his claim or disclaimer of right, and the solicitor should note down accurately his reply.

69. Should the vendor's solicitor state that the copies were lost, such statement should be noted, with a view to requiring an affidavit or other evidence of the correctness of the statement.

70. On the general principle, the expense of going to the residence of such party would be payable by the vendor, he being bound to produce the writings for the purchaser's inspection, and the purchaser being bound at the vendor's expence to go to such place. See generally on this head, Sugden's V. & P.; and Coventry's Conveyancing Evidence.

71. Having carefully examined the abstract with the writings, the next point for consideration will be its sufficiency as respects the comprising all the documents of title, and extending over a proper period, and up to the time of purchase; and should the purchaser's solicitor consider that the abstract is defective in any of these points, he will apply to the vendor's solicitor for a supplemental or amended abstract.

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