abstracted, and then the deeds which relate to the other part should be given. By this means much confusion is prevented.

Where the title of freeholds and copyholds is connected, the freehold abstract should contain the equitable title of the copyholds, and the legal title of the copyholds may be contained in an accompanying abstract. If the premises are distinct, there should be separate abstracts.

Where an abstract is prepared with a view to show the title to different properties which have been purchased by different persons, a statement of the particular lands which have been purchased by the person on whose behalf counsel is instructed to advise, should accompany the abstract, and the instruments which relate to them should receive some mark of distinction. (a)

Besides abstracting all the documents of the title, all such facts as will elucidate the title, as deaths, marriages, births, descents, &c., should be stated in the abstract according to the time of their occurrence, and these facts must be verified by the proper legal evidence. (b)

Entries by disseisin, abatement, intrusion, &c., where they have existed, should also be stated. (c)

If the premises are of a different nature, as partly freehold and partly copyhold or leasehold, there should be separate abstracts of each kind of property.

alteud - 178 h. 53 of. The abstract should commence with a deed or will at least sixty years back, and which makes no reference to any prior assurance. The instances where

appendix

it will be necessary to furnish a title of a remoter date,

(a) See 1 Prest. Abs. 38.

(b) 1 Prest. Abs. 43.

(c) 1 Prest. Abs. 48.

will be more properly considered in a subsequent part of this work; but except in these cases, it will not be advisable to go further back in the title than sixty years, although perhaps a purchaser may insist on the production of all the documents in the possession of his vendor. The rules as to the commencement of the abstract will be hereafter fully adverted to.

It will be useful to mention, at the foot of the abstract, whether the vendor or mortgagor is married, and if so, whether the wife is dowable out of the lands to be sold or mortgaged.

Here may also be noticed any peculiarity in the situation of any of the parties to the transaction.

The legal and equitable titles should be deduced to the vendor or mortgagor, or his trustees, or it should be shown that he has the means of obtaining conveyances of them from the parties in whom they are respectively vested. The history of all terms of years should also be brought down to the time of delivering the abstract, and it should be shown whether they have been merged or in whom they are vested. The discharge and satisfaction of all encumbrances and charges must be clearly shown in the abstract, and must be verified by the proper evidence.

It should also be shown which of the title-deeds are in the possession of the vendor, or of which he possesses copies, and in what way he can enforce the production of the originals.

Having made these general observations on the form of the abstract, we shall mention the principal rules for abstracting the usual contents of the abstract: and it will be convenient to consider, first, abstracts of title of freehold property; and secondly, abstracts of title of property not freehold; but many of the ob

servations contained in the first section will necessarily be applicable to the preparing the abstracts treated of in the second section.

I. ABSTRACTS OF TITLE OF FREEHOLD PROPERTY.

The contents of abstracts of title of freehold property are-1. Deeds; 2. Wills; and 3. Miscellaneous Documents.

1. As to abstracting Deeds.

Date and Parties.-The date and parties, with their residences, must always be carefully and correctly abstracted. It is also usual to mention the nature of the deeds, as a lease and a release, bargain and sale, &c. The characters in which the parties act, are also frequently and properly stated, as heir, executor, &c. Any facts connected with the parties are also frequently mentioned, as "Between A. B. since deceased, or A. B. who was the surviving child of," &c., when they are not given in a subsequent part of the abstract; but these statements should be put in brackets, to show they are not parts of the deed abstracted. (a)

Where a name occurs for the first time in an abstract, the description and place of residence should be given, and the person may afterwards be simply referred to as the "said A. B."

Recitals. Wherever the recitals are material, they should be given at length. Thus, where they mention facts, as deaths, failures of issue, births, marriages, descents, majorities, survivorships, probates of wills, and the courts in which they are proved; intestacies, administrations, &c. ; or where they serve to strengthen the title, as when a deed is recited, creating a power (a) 1 Prest. Abs. 55.

which is exercised by a deed afterwards abstracted, the recitals should be given at length. So, also, where deeds not in the power of the vendor, and which carry the title back to a more remote period, are recited, the recitals should be given at length. And recitals of agreements for purchases, marriages, &c., which are afterwards followed by purchase deeds, settlements, &c. should be fully abstracted, if the agreements themselves are not abstracted. (a)

Where recitals merely refer to prior deeds which have been abstracted, it should be simply mentioned that these deeds are recited; and, for more ready reference, the page of the abstract should be mentioned where the deeds are abstracted, as, "RECITING the before abstracted indentures of lease and release, dated, &c. (Ante p. )."

Where deeds are recited which are not abstracted, they need not be mentioned at all; and if any immaterial facts are recited, they may be merely alluded to and stated to be immaterial.

The earlier part of a title sometimes depends on the recitals in other deeds; and when this is the case it will be better to take them out of the deed in which they are inserted, and arrange them in their order at the commencement of the abstract, thus: "Jan. 1, 1750. It appears by a recital in an Indenture of Release of the day of afterwards abstracted, that," &c. (b) The recital of the contract for purchase, mortgage, &c., on which the abstracted deed is founded, should be shortly stated, as in some cases it may be important. Recitals also of payments having been made, or of the amount of interest due, should always be abstracted.

(a) 1 Prest. Abs. 56.

(b) 1 Prest. Abs. 26.

Testatum. This part of a deed frequently commences with mentioning the purpose for which the deed is executed, as "for docking and barring all estates tail." This should be shortly abstracted.

Consideration.-If there be a simple payment of the consideration stated in the deed, or if the consideration be immaterial, the consideration clause should only be shortly stated; but where a trust or power requires that the money should be paid in a special manner, then that part of the deed which expresses the application must be fully given, in order to show that all the requisites of the trust, or circumstances of the power, have been observed, and in such cases the language of the deed should be closely pursued. (a)

So, also, where the money is payable out of a particular fund, as trust monies, the payment of the consideration should be fully stated.

Where the operation of the deed depends on the existence of the proper consideration, as a bargain and sale, or covenant to stand seised, it must be particularly mentioned; and where there is a doubt whether an instrument can operate in a particular manner, all the considerations should be stated, in order that it may be seen whether it may not operate in some other manner.

Nominal considerations should always be shortly stated.

The clause of the receipt of the consideration should be shortly abstracted, unless it contain some special matter, or mentions any particular fund out of which the money was to be paid; so where it is necessary to show the due application of the money, the clause should be fully stated.

(a) 1 Prest. Abs. 70.