Lease and

release and as

signment of

Reciting a

bond for 300l.

and interest. And that of the bond debt of

3007, had been

paid off and all interest on the

bond had been

paid.

nevertheless to the several covenants and agreements in the same Indenture of lease contained: AND WHEREAS by indentures of lease and release and assignment, bearing date respectively the 29th and 30th days of December, 1814, 1814. the release being made, or expressed to be made, between Thomas Dower, of the first part, the said George Small, of the second part, the said B. Bunny, S. S., E B. B., and C. S. of the third part, and the said S. (a trustee of the said B. B., S. S., E. B. B., and C. S., for the purposes thereinafter mentioned) of the fourth part: After reciting, amongst other things, the said recited indentures of lease and release of the 25th and 26th of June, 1813, and the said last recited indenture of assignment of the 26th day of June, 1813: AND that by a bond or obligation in writing, dated the 24th March then last, the said Thomas D. became bound to the said B. B., S. S., E. B. B., and C. S., in 6000l., conditioned to be void on payment of the sum of 3000l., with interest as therein mentioned: AND that the said Thomas D. had, since the death of the said B. B., paid off the sum of 3007. and all interest on the said bond; AND that the said B. B., S. S., E. B. B., and C. S., being desirous of having the remaining sum of 27007., and all interest to grow due thereon, more effectually secured, had requested the said T. D. to execute such mortgage as was in the said indenture now in recital contained, which he had agreed to do: It is by the said inden- It was by reture now in recital witnessed, that for securing the sum of witnessed that 27007., and the interest to grow due for the same, and for the other considerations therein mentioned, HE the said Thomas D., by force and virtue of the power and authority to him given and reserved by the said hereinbefore in part recited indenture of release of the 26th June, 1813, and of all other appointment powers and authorities to him given or reserved, or in any way enabling him in that behalf, DID absolutely and irrevocably direct, limit and appoint, THAT the messuage, &c. hereinafter mentioned, and 1stly hereinafter more particularly described, and intended to be hereby granted and released, with the appurtenances, should thenceforth remain, continue, and be, To the use of the said B. B., S. S., E. B. B., and C. S., their heirs and assigns, To the ends, intents and purposes thereinafter described concerning the same, subject

for securing mainder of the bond debt, mortgaged by

27001. re

Thomas D.

release all the

freeholds to B. B., S. S.,

E. B. B. and

C. s.

And assigned the leaseholds

the term of 950 years.

And term of 500 years in freeholds assigned to Ed. mund S.

Recital of

Chancery proceedings where

by the estate

was foreclosed.

nevertheless to the proviso for redemption thereinafter mentioned: AND it is by the said Indenture now in recital further witnessed, that for the considerations aforesaid, and the other considerations therein mentioned, the said T. D. did grant, bargain, sell, release and confirm unto the said B. B. &c. (in their actual possession then, being by virtue of a bargain and sale to them thereof made, for one year) amongst other hereditaments, ALL, &c., with the appurtenances, TO HOLD the same unto and to the use of the said B. B., &c., their heirs and assigns for ever, subject to the proviso for redemption. AND by the said Indenture now in recital, IT IS FURTHER WITNESSED, that in pursuance of the said agreement, and for the considerations therein mentioned, HE, the said T. D., did assign, transfer and set over unto the said B. B., &c., their executors, administrators and assigns, ALL, &c. hereinafter more particularly described and intended to be hereby granted and assigned: TO HOLD the same unto the said B. B., &c., their executors, administrators and assigns, thenceforth, for all the residue of the said term of 950 years then to come, freed from the said rent of 40s. reserved by the said recited Indenture of lease, but subject nevertheless to the covenants and conditions in the same Indenture of lease contained, and to the said power of redemption: AND after reciting that it had been agreed between the said parties thereto, that the said hereditaments and premises comprised in the before mentioned term of 500 years, and so as aforesaid vested in the said George Small, his executors, administrators and assigns, In trust for the said T. D., his heirs and assigns, In trust for the said B. B., &c., their heirs and assigns, and to attend the inheritance of the same premises in manner therein after mentioned (assignment of 500 years term to Edmund S.). AND WHEREAS by an order of his Honor the Vice Chancellor, dated on or about the 30th of July, 1822, and made in a cause wherein the said B. B., &c. were plaintiffs, and the said T. D. defendant; AFTER reciting, that by a decree, made on the hearing of that cause, dated on or about the 2d of May, 1821, It was ordered that it should be referred to Sir John Simeon, baronet, one of the Masters of the High Court of Chancery, to take an account of what was due to the plaintiff' for principal and interest on the mortgage in the pleadings

mentioned, and to tax the said plaintiffs their costs of the said suit, and upon the defendant paying unto the plaintiffs what the said Master should certify should be due to them for principal, interest and costs, within six months after the said Master should have made his report, at such time and place as the said Master should appoint; It was ordered that the plaintiffs should re-convey and re-assign the said mortgage, free from and clear of all incumbrances done by them, or any claiming by, from or under them, and deliver upon oath all deeds, papers and writings in their custody or power relating thereto, to the defendant, or to whom he should appoint; But in default of the said defendant paying to the plaintiffs what the said Master should certify to be due to them for principal, interest and costs as aforesaid, by the time aforesaid, the said defendant was from thenceforth to stand absolutely debarred and foreclosed of and from all right, title, and equity of redemption of, in, and to the said mortgaged premises: AND also reciting that by an order dated the 1st of November, 1821, It was ordered that the said decree should be made absolute; That in pursuance of the said decree, the said Master made his report, which stood absolutely confirmed, and thereby certified that he found to be due to the said plaintiffs, for principal, interest and costs, on the 22d of June, 1822, the sum of 33917. 8s. 2d., and which last mentioned sum he appointed the said defendant to pay the plaintiffs at the time and place therein mentioned; And that it appeared by the affidavit of the said J., &c., That by a certain instrument or power of attorney, dated the 25th of April then last past, under their hands and seals, After reciting that the said plaintiff B. B. had died leaving the said defendant him surviving, said defendant appointed J. W., R. C. S., and T. J., or some or one of them, their attorneys or attorney, in their name or for their use, to attend at the time and place aforesaid, and to demand and receive of and from the said T. D. the said sum of 3391l. 8s.2d.; and that it appeared by the affidavit of Thomas J., that in consequence of the said power of attorney, he attended at the same time and place so appointed for the payment thereof, pursuant to the said order of the 1st of May, 1821, but that the said Thomas D. did not attend, nor was any tender made of the said sum ofl. or any part thereof, by any person

Recital, that on a settlement of partnership accounts, it had been agreed,

that premises hereby conveyed should

of E. B. B.

Recital of

agreement be

and (purchaser), for

or persons on his behalf, whereupon it was ordered that the said defendant should stand absolutely debarred and foreclosed of and from all right, title, interest, and equity of redemption of, in and to the said mortgaged premises: AND WHEREAS on a settlement of accounts between the said surviving partners S. S., E. B. B., and C. S., for a division of some part of their estates, property, monies, and effects, It was agreed that the hereditaments and premises, as well freehold and leasehold, hereinbefore mentioned, and hereinafter 1stly and 2dly be the property more particularly described, should be set apart and taken as and for part of the share or proportion of the said E. B. B., and be deemed and become his separate estate, hereditaments and premises, according to the several estates, tenures and occcupations respectively for or by which the said S. S., &c., as surviving partners or otherwise, held and enjoyed the same: AND WHEREAS the said malthouse which formerly stood upon and formed part of the said freehold hereditaments and premises, has since been pulled down: AND WHEREAS by an tween E B. B. agreement bearing date on or about the 10th day of December, 1822, between the said E. B. B. and the said [purchaser] of the other part, the said E. B. B. hath contracted and agreed with the said J. H. for the absolute sale to him of the said messuage, tenement or dwelling house, garden, piece or parcel of land, hereditaments and premises 1st hereinafter particularly described and intended to be granted and released, and also of the said close, piece or parcel of meadow land and hereditaments hereinafter 2dly more particularly described and intended to be hereby granted and assured for the residue of the said term of 950 years, at or for the price or sum of 6157.: AND WHEREAS the said S. S. and C. S. have agreed to join the said E. B. B. in conveying and assuring the said premises, as well freehold and leasehold, unto and to the use of the said [purchaser], his heirs, executors, and administrators, in manner hereinafter mentioned, And for the more satisfactorily conveying, assigning and assuring the same the said Bunny, the heir at law and executrix of the said B. B. deceased, and the said E. B. B. and J. B. have also agreed to become par1st Witness. ties hereto : NOW THIS INDENTURE WITNESSETH, that in pursuConveyance of ance of the said agreement, and in consideration of the sum freeholds to purchaser. of 6157. of lawful money of Great Britain by the said J. H.

purchase of premises.

Parties having agreed to join

in conveyance

to the purpurchaser.

to the said E. B. B. in hand well and truly paid at or immediately before the sealing and delivery of these presents, the receipt whereof, &c., and also in consideration of the sum of 10s. of like lawful money by the said [purchaser] to each of them the said S. S., C. S., A. B. and J. B. in hand, &c., the respective receipts whereof are hereby acknowledged, They the said S. S., E. B. B., and C. S., HAVE, and each and every of them HATH granted, bargained, sold, aliened, released, and confirmed, and by these presents, DоTH grant, bargain, sell, alien, release, and confirm, AND the said E. B., at the request and by the direction of the said S. S., E. B. B., and C. S., testified &c. (as far as she lawfully can or may, and without any warranty (a) or implied warranty of title,) HATH bargained, sold, released, and confirmed, and by these presents, at the like request and by the direction of the said S. S., &c., testified as aforesaid, and so far as she lawfully can or may, and without any warranty or implied warranty of title, Dотн bargain, sell, release, and confirm, AND the said A. B., E. B. B., and J. B., as acting executrix and executors as aforesaid, and at the request and by the direction of the said S. S., testified as aforesaid, HAVE, and each of them HATH as far as they lawfully can or may, without any warranty or implied warranty of title, ratified and confirmed, And by these presents, at the like request, &c., Dотн ratify and confirm unto the said [pur- Reference and chaser], in his actual possession now being, by virtue of a bargain and sale to him thereof made by the said [vendor], in consideration of 5s., by an indenture bearing date the day next before the day of the date of these presents, for the term of one whole year, commencing from the day next before the day of the date of the said indenture of bargain and sale, and by force of the statute made for transferring uses into possession, and to his heirs, ALL [parcels], together with all and singular houses, outhouses, edifices, buildings, barns, stables, coach-houses, cottages, yards, gardens, orchards, backsides, tofts, lands, meadows, pastures, commons, common of pasture, common of turbary, mines, minerals,

(a) As to the effect of the word "grant" here omitted, giving a warranty, and as to the insertion of the qualifying words here adopted, see note (ƒ), p. 55. antè; and also the note in the division "Grants," post.

< the lease for a

year.