Page images
PDF
EPUB

nistrators, covenant with the said C. D., his heirs, executors, and administrators, respectively, that the said sum of £- with interest thereon from

the said

day of

is now owing to him the said A. B. on the aforesaid security, and that he the said A. B. hath not made or done, or knowingly suffered, any act, deed, or thing whereby the said monies, hereditaments, and premises, or any part thereof, respectively, can be impeached, encumbered, or affected in anywise howsoever. IN WITNESS &c.

Parties.

Recital of mortgage of the will of the mortgagee;

XXVI.

TRANSFER of a MORTGAGE by the EXECU
TORS and DEVISEES of the MORTGAGEE,
the MORTGAGOR receiving a FURTHER
ADVANCE.

THIS INDENTURE, made &c., between A.
B., of &c., and C. D., of &c. [executors and de-
visees of mortgagee], of the first part, E. F., of &c.
[mortgagor], of the second part, and G. H., of &c.
[transferee], of the third part. WHEREAS &c.
[recital of the mortgage, ut supra, p. 107]. AND
WHEREAS the said [mortgagee] duly made and
signed his last will, dated the
day of
and thereby devised estates vested in him upon
mortgage to the said A. B. and C. D., their
heirs and assigns, and appointed the said A. B.

probate of his

will;

and C. D. executors of his said will; AND WHERE of his death, and As the said [mortgagee] died without having revoked or altered his said will, and the same was proved by the said A. B. and C. D. in the Court

[merged small][merged small][ocr errors][merged small]

As the said sum of £

AND WHERE--that mortgage-money

is now owing to the is still due; said A. B. and C. D. on the said security, but all interest thereon has been paid up to the day of the date of these presents. AND WHEREAS the said of agreeG. H. has agreed to pay the said A. B. and C. D.

the said sum of £ the further sum of £

[ocr errors]

ment for

transfer,

and further

and to lend the said E. F. advance.
upon having such trans-

fer of the said mortgage-debt and interest, and of
the securities for the same, as is hereinafter con-
tained, and upon having the re-payment of the said
sums of £
with interest, as here-

and £

inafter mentioned, secured in manner hereinafter

tion,

appearing. Now THIS INDENTURE WITNESSETH, Witnesseth. that, in pursuance of the said agreement, and in consideration of the sum of £ [original debt] Considerato the said A. B. and C. D. this day paid by the said G. H., (the receipt whereof the said A. B. Receipt. and C. D. do hereby acknowledge), and of the sum of £

to the said E. F. this day paid by the said G. H., (the payment and receipt respectively of which sums of £ and £ -, making to

the said A. B. doth

gether the sum of £ hereby acknowledge), they the said A. B. and C. D. do hereby assign unto the said G. H., his executors, administrators, and assigns, ALL THAT Transfer of the said sum of £ [the original debt] now debt."

mortgage

re-payment

of principal,

owing to the said A. B. and C. D., on the security aforesaid, and all interest henceforth to accrue due

for the same, AND all the estate and interest of the said A. B. and C. D. in the premises, and every Habendum. part thereof, TO HOLD the said premises unto the said G. H., his executors, administrators, and asWitnesseth. signs, absolutely. AND THIS INDENTURE also Covenant for WITNESSETH, that, in further pursuance of the said agreement, and for the considerations aforesaid, he the said E. F. doth hereby, for himself, his heirs, executors, and administrators, covenant with the said G. H., his executors and administrators, that he the said E. F., his heirs, executors, or administrators, will pay to the said G. H., his executors, administrators, or assigns, the sum of £

with interest,

at the end of

six months.

per

[the total amount], together with interest thereon in the meantime at the rate of £ cent. per annum, on the day of

next,

without any deduction or abatement whatsoever. Witnesseth. AND THIS INDENTURE FURTHER WITNESSEth,

that, in further pursuance of the said agreement, and for the considerations aforesaid, they the said A. B. and C. D., by the direction of the said E. Conveyance. F., do hereby grant, and he the said E. F. doth hereby grant and confirm, unto the said G. H., his heirs and assigns, [parcels-general words, supra, p. 96], AND all the estate and interest of the said A. B., C. D., and E. F., and every of them, in the Habendum. said premises, and every part thereof, TO HOLD the said premises UNTO the said G. H., his heirs and assigns, TO THE USE of the said G. H., his

executors

cumbrances.

heirs and assigns, discharged from all equity of redemption under the said indenture of the day of [the original mortgage]. [Proviso for redemption, supra, p. 137, distinguishing the property as that "hereinbefore expressed to be hereby granted"]. AND EACH of them the said A. B. and Covenant by C. D. doth hereby, for himself, his heirs, executors, against inand administrators, covenant with the said G. H., his heirs, executors, administrators, and assigns, respectively, that they the said A. B. and C. D., respectively, have not made or done, or knowingly suffered, any act, deed, or thing, whereby the said monies, hereditaments, and premises, or any part thereof, respectively, can be impeached, encumbered, or affected in anywise howsoever, or whereby they are prevented from assigning and conveying the same premises, or any part thereof, respectively, in manner aforesaid. [Mortgagor's covenants for payment of interest; for title; proviso for quiet enjoyment till default; power of sale; and mortgagee's indemnity clause as in original mortgage, supra, p. 138 et seq.] IN WITNESS &c.

THE SCHEDULE to which the above-written INDENTURE refers.

Parties.

Recital of mortgage;

death, and

partial intes

XXVII.

RE-CONVEYANCE by HEIR and EXECUTORS of a
MORTGAGEE.

THIS INDENTURE, made &c., between A. B., of &c., [heir-of-law of mortgagee], of the first part, C. D., of &c., and E. F., of &c., [executors], of the second part, and G. H., of &c., [mortgagor], of the third part. WHEREAS &c. [recital of the -of will, and mortgage, supra, p. 107]. AND WHEREAS the said [mortgagee] duly made and signed his last will, dated the day of, and thereby appointed the said C. D. and E. F. executors thereof, but did not thereby devise the legal estate in the said hereditaments, and died leaving the said A. B. his heir-at-law, and without having revoked or altered his said will, and the same was proved by the said C. D. and E. F. in the

tacy of mortgagee, and probate of his will;

-of mort

gage debt

being due,

and of mort

of £

day of

Court of

on the AND WHEREAS the said sum is now owing to the said C. D. and

gagor's desire E. F. on the said security, but all interest thereon

to pay off the mortgage.

Re-convey

ance.

Witnesseth.

has been paid up to the day of the date of these presents, and the said G. H. is desirous of paying off the said sum of £ and of having such reconveyance as is hereinafter contained. Now THIS INDENTURE WITNESSETH, that, in consideration of the sum of £- -to the said C. D. and E. F. this

« PreviousContinue »