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hereby for themselves, and their refpective heirs, executors and administrators, covenant and grant, That he shall and may henceforth forever, peaceably and quietly have, hold, ufe, occupy, poffefs and enjoy the fame, free and discharged of all right, title, intereft, claim and demand whatsoever, of them or either of them, or of their heirs or affigns, or of any perfon or perfons claiming from, by or under them, or any of them.

In witnefs whereof, the faid A. B. C. D. E. F. and G. H. (and alfo M. B. wife of the faid A. B. and H. F. wife of the faid E. F. or as the cafe may be, in token of their free confent hereto) have hereunto interchangeably set their hands and feals, the day and year above written.

Another between three Copartners, Cobeireffes. G. of, Vee deceased,

HIS indenture of three parts made, &c. between A.B. of,

of the one part, C. B. of, &c. another of the daughters of the faid G. B. deceafed, of the fecond part, and D. B. of, &c. alfo another of the daughters of the faid G. B. deceased, of the third part. Whereas the faid G. B. late father of the faid A. B. C. B. and D. B. died feized in his demefne as of fee, of and in all thofe meffuages, &c. without leaving behind him any male heir of his body lawfully begotten, or making any difpofition of the faid premifes or any part thereof, whereby and by which means, all and fingular the faid meffuages, &c. and other the real, eftate of the faid G. B. deceafed, are defcended and come unto the faid A. B. C. B. and D. B. his faid daughters: Now this indenture witnesseth, That the faid A B. C. B. and D. B. have made partition, and by thefe prefents do make a full, perfect and abfoJute partition of the faid meffuages, &c. to and amongst them the faid A. B. C. B. and D. B. in three parts, in manner and form following, (that is to fay) that the the faid A. B. her heirs and affiers fhall have, hold and enjoy, to the only proper ufe and behoof of the faid A. B. her heirs and affigns forever, All that mefiuage, &c. for the full part, fhare and proportion of her the faid A. B. of, in, and to all and every the meffuages, &c. hereditaments and premifes abovementioned, fo defcended unto them the faid A. B. C. B. and D. B. as aforefaid; and that the faid

C. B. her heirs and affigns, fhall have, hold, and enjoy, to the only proper ufe and behoof of the faid C. B. hei heirs and affigns forever, All that meffuage, &c. for the full part, fhare and proportion of her the fand C. B. cf, in and to all and every the faid mefluages, &c. fo defcended unto them the faid A. B. C. B. and D. B. as aforefaid; and that the faid D. B. her heirs and affigns, fhall have, hold and enjoy, to the only proper ufe and behoof of the faid D. B. her heirs and affigns forever, All that meffuage, &c. for the full part, fhare and proportion of her the faid D. B. of, in, and to all and every the faid mcffuages, &c. fo defcended to the faid A. B. C. B. and D. B. as aforefaid. And the faid C. B. and D. B. do, and each of them doth, by theie prefents, grant, affign, releafe and confirm unto the faid A. B. her heirs and affigns, the faid meffuage, &c. fo as afore. faid, agreed to be held, as aforefaid, as her full share or proportion of the premises above mentioned and defcended, as aforefaid, to the faid A. B. C. B. and D. B. and all the eftate, right, title, intereft, claim, challenge, and demand whatsoever of them the faid C. B. and D. B. of, in, or to the faid meffuage above mentioned, and hereby released to the faid A. B. as aforefaid; To have and to hold the faid meffuage, &c. with the appurtenances hereby released and confirmed, or mentioned, or intended fo to be, unto the faid A. B. her heirs and affigns to the only proper ufe and behoof of her the faid A. B. her heirs and affigns, in feveralty forever. And the faid A. B. and D. B. do, &c. (Here infert the like grant from them to C. B.) And the faid A. B. and C. B. do (the like with the former must be made to D. B.) And the faid C B. and D. B. do feverally and apart, and not join:ly, and for their feveral and ref pective heirs, executors and adminiftrators, covenant, grant, and agree, to and with the faid A. B. her heirs and affigns, that she the said A. B. her heirs and affins fhail and may from henceforth forever hereafter, peaceably and quietly have, hold, occupy, poffefs and enjoy the faid meffuage, &c. fo allotted and released to her the faid A. B for her part or share, as aforefaid, free, &c. (Here go on with the covenant for quiet enjoyment, and likewife with that for further affurance, whicb two covenants must be repeated reciprocally, as before is done in the granting part. See the Form of thofe covenants in a conveyance by releafe.) In witnefs, &c.

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A

OF DEFEASANCES.

DEFEASANCE is an inftrument making a deed, executed before and made abfolute on certain condi tions void, Co. Lit. 236; but it is now feldom ufed that way; a provifo in the deed itself as in mortgages, &c. fufficiently anfwering the ends of a defeafance. Obligations, recognizances judgments, &c. are most commonly the fubject matter of thefe inftruments.

T

A Defeafance of a Bond and Judgment.

HIS indenture made

of the one part,

part. Whereas the faid gation, bearing date

between A. B. of

and C. D. of

C. D. in and by
doth ftand

on

of the other one bond or oblifirmly bound unto conditioned for the

as in and by the

the faid A. B. in the penal fum of payment of the fum of faid in part recited bond or obligation, with the condition there underwritten, may more fully appear: And whereas the faid A. B. as a collateral or further fecurity for the payment of the faid fum of according to the tenor of the term laft, obtained and recov· debt, be

faid in part recited bond or obligation in in the

court of

at

ered against the faid C. D. one judgment of fides coits of fuit, as by the records of the faid court appear· eth; Now this indenture witnesseth, That it is agreed by and between the faid parties to these presents, and the faid A. B. doth for himself, his heirs, executors and adminiftrators, covenant, grant, promife and agree, to and with the faid C. D. his executors and administrators by these presents, that if the faid C. D. his heirs, exccutors or adminiftrators fhall well and truly pay or caufe to be paid unto the faid A. B. his executors, administrators or affigns, the aforefaid fum of at the days and times above mentioned, in discharge of the faid in part recited band or obligation, that then he the faid A. B. his executors, administrators or affigns, fhall and will, after fuch payment made at the request and at the proper cofts

and charges in the law of the faid C. D. his executors or adminiftrators, in due form of law, acknowledge fatisfaction upon record of and for the faid judgment: And that the said A. B. his executors, administrators or affigns, fhall not before default be made in payment, as aforefaid, fue forth or take out any writ or procefs of execution against the faid C. D. his heirs, executors or adminiftrators, or his or their lands, tenements, goods or chattels, or any of them, by or upon the faid judgment. Sealed, c.

A

OF EXCHANGES.

N Exchange is where a perfon being feized or poffeffed of certain lands, and another perfon of other lands, exchange their interefts, fo that each fhall have the other's lands. Both the eftates granted must be equal, as fee fimple for fee fimple, life for life, a term for the like term, &c. yet the things exchanged need not be of one nature or equal in value. Lit. 63, 64 Co. Lit. 50, 5!.

In every exchange is implied a condition of re-entry upon the lands given in exchange, if either of the parties is evicted of the land granted him, or any part thereof. 4 Rep. 121.

* * *

* * * * * ** * * ***

An Exchange of Lands for a Term of Years. THIS

HIS indenture made

of

between E. F. of the one part, and G. H. of of the other part, witneeth, that the faid E. F. bath given, granted, bargained and fold, and by these presents doth grant, bargain and fell unto the faid G. H. his executors, acrinif trators and affigns, All that meffuage or tenement with the appurtenances, fituate f together [See Leafes for the general words to be used on a demife of houses.] To have and to hold the faid meffuage or tenement and premifes above mentioned, with the appurtenances, unto the faid G.H, his executors, adminiftrators and affigns, from the

day of

day of Jaft paft, before the day of the date hereof, for and during, and unto the full end. and term of ninety-nine years, from thence next enfuing, and fully to be complete and ended, if he the faid E. F. and G. H. fhall fo long live, in exchange for one other meffuage fituated by the faid G. H. granted to the faid E. F. his executors, adminiftrators and affigns, as hereinafter mentioned. And this indenture further witneeth, that the faid G. H. in confideration of the faid bargain and fale fo made unto him the faid G. H. by the faid E. F. as aforefaid, hath given, granted, bargained and fold, and by these presents doth grant, bargain and fell unto the faid E. F. his executors, administrators and affigns, All the faid meffuage or tenement, with the appurtenances laft above mentioned, together (See as before directed.) To have and to hold the faid laft mentioned meffuage or tenement and premifes, with the appurtenances, unto the faid E. F. his executors, adminiftrators and affigns, from the faid laft paft, for and during, and unto the full end and term of ninety-nine years, from thence next enfuing, and fully to be complete and ended, if the faid G. H. and E. F. fhall fo long live, in exchange for the faid meffuage, &c. first above mentioned to be granted by the faid E F. to the faid G. H. in exchange, as aforefaid. And the faid E. F. for himfelf, his heirs, executors and administra tors, doth covenant, grant and agree to and with the faid G. H. his executors, adminiftrators and affigns, that he the faid G. H. his executors, adminiftrators and affigns, shall and may from to time, and at all times hereafter, during the fai term hereby granted by the faid E. F. as aforefaid, peaceably and quietly have, hold, occupy, poffefs and enjoy the faid meffuage, &c. and other the premifes firft above mentioned, with the appurtenances, without the let, fuit, trouble, hindrance, moleftation, interruption, eviction, or difturbance or him, the faid E. F. his executors or adminiftrators, or any of them, or of or from any other peifon or perfons whomfo ever, lawfully claiming or to claim, by, from or under him, them or any of them. And the faid G. H. for himfelf, &c. (Here infert from G. H. to E. F. the like covenant with the aft, as to the quiet enjoyment of the last mentioned meffuage, Ec. fold by him) Provided always, nevertheless, and thefe prefents are upon this condition, and it is the true intent and nicaning of the parties hereunto, that if it fhall happen that

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