§ 2. The Release. made his he devised the vendor John Smith. his will. premises. THIS INDENTURE, made the second day of March in the year Premises. of our Lord 1840, BETWEEN Abel Smith of, &c., of the one part; Parties. and Robert Thompson of, &c., of the other part: WHEREAS John Recitals that Smith, being at the time of making his will hereinafter recited, and John Smith thenceforth to the time of his decease, seised of or otherwise well will, whereby entitled in fee simple in possession to the messuage or tenement, the premises lands and hereditaments, hereinafter described and intended to be unto his son hereby conveyed, with their appurtenances, did, in such manner in fee. as the law requires for rendering valid devises of freehold estates, duly sign and publish his last will and testament in writing, bearing date on or about the twelfth day of August, one thousand eight hundred and thirty-four, and thereby (amongst other things) gave and devised the same messuage or tenement, lands or hereditaments and premises hereinafter described, unto his son the said Abel Smith, his heirs and assigns, for ever; AND WHEREAS Death of the said John Smith departed this life on or about the fourth day of September in the same year, without having altered or revoked his said will, and on or about the first day of October next following, Probate of the said will was duly proved in the Ecclesiastical Court of the Archbishop of Canterbury by the executors named therein; AND Contract for WHEREAS the said Robert Thompson hath contracted and agreed purchase of with the said Abel Smith for the absolute purchase of the messuage or tenement, lands, hereditaments and premises, hereinafter described, and intended to be hereby conveyed, and the inheritance thereof in fee simple, with their appurtenances, free from incumbrances, at or for the price or sum of 40007. : NOW THIS INDENTURE WITNESSETH that in pursuance of Testatum, the said agreement and of a certain act made and passed in whereby in the fourth year of her present majesty, entituled "an act for tion of the rendering a release as effectual for the conveyance of free- money paid hold estates as a lease and release by the same parties," by purchaser and in consideration of the sum of 4000l. of lawful money of Great Britain by the said Robert Thompson to the said Abel Smith in hand well and truly paid at or immediately before the sealing and delivery of these presents (the receipt of which said sum of 4000l. the said Abel Smith doth hereby admit and acknowledge, and of and from the same and every part thereof doth hereby acquit, release and for ever discharge the said Robert Thompson, his heirs, executors, administrators and assigns,) He the said Abel Smith Hath granted, bargained, sold, released Vendor conand confirmed, and by these presents Doth grant, bargain, sell, Robert release and confirm unto the said Robert Thompson, [ina his actual Thompson. possession, now being by virtue of a bargain and sale to him thereof made by the said Abel Smith in consideration of ten shillings by an indenture bearing date the day next before the a The reference to the lease for a year is of course omitted when no lease for a year is employed. considera purchase to vendor, yeys unto Q Q Parcels. General words. Habendum unto the fee. for title: that vendor is seised in fee, day of the date of these presents, for the term of one year commencing from the day next before the day of the date of the same indenture of bargain and sale, and by force of the statute made for transferring uses into possession,] and his heirs, ALL THAT, &c. (describe the parcels:) Together with all and singular houses, outhouses, edifices, bridges, farms, stables, yards, gardens, orchards, ways, water-courses, liberties, privileges, easements, profits, commodities, emoluments, hereditaments and appurtenances whatsoever, to the said hereditaments and premises hereby granted and released belonging or in anywise appertaining: And the reversion, &c. (see ante, p. i. :) And all the estate, &c. (see ante, p. i.) TO HAVE AND TO HOLD the said messuage or tenement, lands, hereditaments, and all and singular other the premises hereby granted and released, or intended so to be, with their and every of their appurtenances, unto the said Robert Thompson, his heirs and assigns, To the purchaser in use of the said Robert Thompson, his heirs and assigns, for ever; And the said Abel Smith doth hereby for himself, his heirs, Covenants executors and administrators, COVENANT, promise, and agree with and to the said Robert Thompson, his heirs and assigns, That for and notwithstanding any act, deed, matter, or thing whatsoever, by him the said Abel Smith, or the said John Smith the testator, made, done, omitted, committed, executed, or knowingly or willingly suffered to the contrary, he the said Abel Smith is at the time of the sealing and delivering these presents, lawfully, rightfully, and absolutely seised of and in, or well and sufficiently entitled to the said messuage or tenement, lands, hereditaments and premises, hereby granted and released, or intended so to be, and every part thereof, with their and every of their appurtenances, for a good, sure, perfect, ahsolute and indefeasible estate of inheritance in fee simple in possession, without any manner of condition, trust, power of revocation, equity of redemption, remainder or limitation of any use or uses, or other restraint, cause, matter, or thing whatsoever, to alter, and that he charge, defeat, incumber, revoke, or make void the same: And that for and notwithstanding any such act, deed, matter or thing as aforesaid, he the said Abel Smith now hath in himself good right, full power, and lawful and absolute authority to grant, bargain, sell, release, and convey the said messuage or tenement, lands, hereditaments and premises hereby granted and released, or intended so to be, with their appurtenances, unto and to the use of the said Robert Thompson, his heirs and assigns, in manner aforesaid, and according to the true intent and meaning and that the of these presents; And that it shall and may be lawful to and may quietly for the said Robert Thompson, his heirs and assigns, from time to time and at all times hereafter, peaceably and quietly to enter into, hold, occupy, possess and enjoy the said messuage or tenement, hereditaments and premises hereby granted and released, or intended so to be, with their appurtenances, and to have, receive and take the rents, issues and profits thereof, and has good right to convey, purchaser enjoy the premises, incum of every part thereof, to and for his and their own use and benefit, without any lawful let, suit, trouble, denial, claim, demand, interruption or eviction whatsoever, of or by him the said Abel Smith, or his heirs, or of, from or by any other person or persons whomsoever, lawfully or equitably claiming or to claim by, from or under, or in trust for him, them or any of them, or the said John Smith the testator; And that free and clear, and free from freely and clearly and absolutely acquitted, exonerated, released brances, and for ever discharged or otherwise by the said Abel Smith and his heirs, executors and administrators, well and sufficiently saved, defended, kept harmless and indemnified of, from, and against all and all manner of former and other gifts, grants, bargains, sales, dowers, and all rights and titles to dower, uses, trusts, entails, wills, mortgages, leases, statutes merchant or of the staple, recognizances, judgments, executions, extents, rents, arrears of rent, annuities, legacies, sums of money, yearly payments, forfeitures, re-entry, debts of record, debts due to the Queen's Majesty, and of, from and against all other estates, titles, troubles, charges, debts and incumbrances whatsoever, either already had and made, executed, occasioned and suffered by the said Abel Smith or his heirs, or by any other person or persons lawfully or equitably claiming, or to claim by, from or under, or in trust for him, them, or any of them, or by, from or under, or in trust for the said testator, or by his or their acts, deeds, means, default or procurement; And further, that he the and for fursaid Abel Smith and his heirs and every other person or per- ance. sons having, claiming, or who shall or may hereafter have or claim any estate, right, title, interest, inheritance, use, trust, property, claim or demand whatsoever, either at law or in equity, of, in, to or out of the said messuage or tenement, lands, hereditaments and premises, hereby granted and released, or intended so to be, with their appurtenances, or any of them or any part thereof, by, from or under, or in trust for him the said Abel Smith or his heirs, or the said testator, shall, and will, from time to time and at all times hereafter, upon every reasonable request to be made for that purpose, by and at the proper costs and charges of the said Robert Thompson, his heirs or assigns, make, do, acknowledge, levy, suffer and execute, or cause or procure to be made, done, acknowledged, levied, suffered and executed, all such further and other lawful and reasonable acts, deeds, things, devices, conveyances and assurances in the law whatsoever, for the further, better, more perfectly and absolutely granting, conveying, and assuring of the said messuage or tenement, lands, hereditaments, and premises, hereby granted and released, or intended so to be, and every part thereof, with their appurtenances, unto and to the use of the said Robert Thompson, his heirs and assigns, in manner aforesaid, and according to the true intent and meaning of these presents, as by the said Robert Thompson, his heirs or assigns, or his or their counsel in the law, shall be reasonably devised, ad ther assur that no wife of the purbe entitled to Declaration vised and required. And it is hereby agreed and declared between and by the parties to these presents, That neither the chaser shall present wife of the said Robert Thompson, in case she shall dower out of survive the said Robert Thompson, nor any future wife of the the premises. said Robert Thompson with whom he may afterwards inter marry, and who shall survive him, shall have any right, title or estate to or in, dower out of or in the said messuage or tenement, lands, hereditaments and premises, hereby granted and released, or intended so to be, with their appurtenances, or to or in any part thereof. IN WITNESS, &c. No. III. A MORTGAGE IN FEE. mortgagor is of the pre That mortgagor has mortgagee to Witnessing part, whereby tion of the THIS INDENTURE, made the 1st day of January, 1840, Premises. Between John Thomas of the parish of St. John, in the county Parties. of Surrey, yeoman, of the one part, and Edward Sikes of the city of London, gentleman, of the other part: Whereas the said Recital that John Thomas is seised of or well entitled as tenant in fee-simple seised in fee in possession to the messuage or tenement, lands and heredita- mises to be ments hereinafter described, and intended to be hereby granted mortgaged. and released, with their rights, members and appurtenances; And whereas the said John Thomas, having occasion for the sum of 10007., hath applied to the said Edward Sikes to advance and applied to lend him the same, which he hath agreed to do on having the lend the repayment thereof, with interest for the same, after the rate of money. 51. for 1001. by the year, secured to him the said Edward Sikes, his executors, administrators or assigns, by a mortgage of the said messuage or tenement, lands and hereditaments, hereinafter described, and intended to be hereby granted and released, with their appurtenances: Now THIS INDENTURE WITNESSETH, that in pursuance of a certain act made and passed, &c. (as in in considerap. v.), and in performance of the said agreement, and in consideration of the sum of 10007. of lawful money of Great Britain, the mortgage by the said Edward Sikes to the said John Thomas in hand well and truly paid at or immediately before the sealing and delivery of these presents, (the receipt of which said sum of 10007. he the said John Thomas doth hereby acknowledge, and of and from the same and every part thereof, doth hereby acquit, release, and for ever discharge the said Edward Sikes, his executors, administrators and assigns,) He, the said John Thomas, Mortgagor Hath granted, bargained, sold, released and confirmed, and by these presents Doth grant, bargain, sell, release and confirm, unto the said Edward Sikes and his heirs, ALL THAT messuage or tenement, situate and being in the parish of A. in the county of G. &c. (describe the parcels) Together with all and every houses, out-houses, edifices, bridges, barns, stables, yards, General gardens, orchards, ways, water-courses, liberties, privileges, words. easements, profits, commodities, emoluments, hereditaments, and appurtenances whatsoever, to the hereditaments and premises receipt of money. conveys. Parcels, |