ASSIGNMENTS. Judgment (satisfied). No. CXLIII. An Assignment of a Satisfied Judgment to protect the In heritance (1). Parties. THIS INDENTURE made the day of in the year of our Lord 18 BETWEEN (the assignor of the judgment) of, &c. of the first part, (the vendor) of, &c. of the second part, (the purchaser) of, &c. of the third part, and (the trustee) of, &c. of the fourth part. WHEREAS a judgment was obtained as of Recital of judg- term, in the ment, and satisfaction thereof. year of the reign, &c. in his Majesty's Court of against (the debtor) of, &c. in an action of debt upon bond at the suit of the said (assignor), for the sum of £ and costs of suit, and which said judgment was duly entered up on record in the said court, as by reference thereto will more fully and at large appear. AND WHEREAS the said sum of £ hath since been fully paid and satisfied. AND WHEREAS the said (vendor) Contract for pur- hath lately contracted with the said (purchaser) for the absolute chase of free hold estate. sale to him of certain lands and hereditaments situated at Use of assign ment of satisfied judgment. (1) The principle upon which satisfied judgments or recognizances are assigned as a protection, is, that (from the time of their being docketed, if f judgments, or enrolled, if recognizances), they attach upon the land, and give a legal right to the cognizee in like manner as satisfied terms; and therefore, when placed in the hands of a bona fide purchaser without notice, give him a priority to mesne incumbrances. See ante, MoD. PREC. Vol. 1. p. 430.434. and see post. No. CLII. p. 540.n. (1.) See Pemberton v. Bartram, cited 4 Co. 60. But its use can only be in relation to freehold estates, as copyholds are not affected by judgments; Heydon's Ca. 3 Co. 9; 1 Roll. Ab. 888; Gilb. Ten. 185; Rowden v. Malster, Cro. Car. 44; and leaseholds not until execution have been sued out and delivered to the sheriff. ASSIGNMENTS. Judgment (satisfied). Agreement that judgment should be assigned to attend. WITNESS. The assignor in consideration, &c. assigns, confirms. ditaments were conveyed and assured unto and to the use of the said (purchaser), his heirs and assigns for ever. AND WHEREAS upon the treaty for the said purchase, it was agreed that the said judgment should be assigned to the said (trustee), in trust to attend the inheritance of the said premises for the said (purchaser), and for other the purposes hereinafter mentioned, Now THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, and for and in consideration of the sum of 58. of lawful English money to the said (assignor), in hand well and truly paid by the said (trustee), at or before the execution of these presents, the receipt whereof is hereby acknowledged, he the said (assignor), at the request and by the direction and appointment of the (vendor), and at the nomination of the said (purchaser), testified by their severally being parties to, and signing and sealing these presents, HATH bargained, sold, assigned, transferred and set over, and by these presents DOTH and the vendor bargain, sell, assign, transfer and set over, and the said (vendor), for the considerations in the said indenture of release mentioned, and at and by the request and nomination of the said (purchaser), testified as hereinbefore is mentioned, HATH bargained, sold, assigned, ratified and confirmed, and by these presents DоTH bargain, sell, assign, ratify and confirm unto the said (trustee), his executors, administrators and assigns, ALL that the said hereinbefore in part recited The judgment. judgment, and all and every sum and sums of money whatsoever now due thereon, or which hereafter shall or may grow or become due by virtue of the same, or upon any execution to be had, sued out, or issued thereupon, and all benefit and advantage whatsoever to be received or derived therefrom, and all the estate, right, title, property, interest, claim and demand whatsoever, both at law and in equity, of him the said (assignor), in, to or concerning the same, To HAVE AND TO HOLD the said in part recited judgment, and other the premises hereby assigned or mentioned, or intended so to be, unto the said (trustee), his executors, administrators and assigns, in trust nevertheless for the said (purchaser), his heirs and assigns, and to be assigned and disposed of from time to time as he or they shall direct or appoint, and in the mean time, and subject to such assignment, disposition, direction or appointment, IN TRUST, and to the intent that the same shall and may attend and wait upon the inheritance of the lands and hereditaments in or by the said in part recited indenture of release, of even date herewith, granted and released, or otherwise assured or mentioned, or intended so to be as aforesaid, in order to protect the same from and against all subsequent and mesne encumbrances, if any such there be. AND the To hold to the trustee in trust to attend the inheritance. ASSIGNMENTS. Judgment (satisfied). Authority for trustee to sue out execution. Covenant by assignor that judgment is not vacated, Authority to give discharges unnecessary. said (assignor) doth by these presents authorise and empower the said (trustee), his heirs, executors, administrators and assigns, in the name or names of him the said (assignor), his heirs, executors or administrators, to sue out execution or other process or proceedings which may be deemed requisite or expedient for all or any of the purposes aforesaid (1). AND the said (assignor) doth hereby, for himself, his heirs, executors and administrators, covenant, declare and agree with and to the said (purchaser), his heirs and assigns, and with and to the said (trustee), his executors, administrators and assigns, in manner following, (that is to say) that he the said (assignor) hath not at any time heretofore made, done, committed, or knowingly suffered or omitted, nor been party or privy to any act, deed, matter or thing whatsoever, whereby or by reason or means whereof the said judgment hereby assigned or mentioned, or intended so to be, as can, shall or may be discharged, vacated, defeated or prejudicially affected in any manner howsoever. PROVIDED ALWAYS, &c. [Here may be added provisoes for trustee retaining and being indemnified against expenses, and not being liable for casualties (2).] IN WITNESS, &c. (1) As a judgment is supposed to be satisfied upon or before its assignment to protect the inheritance, the usual letter of attorney, inserted in the assignment of a judgment debt, authorising the assignee to receive and give discharges for the money, is of course unnecessary. (2) See ante, MOD. PREC. Vol. VI. p. 530. No. CXLIV. An Assignment to the Purchaser of the largest Lot of several Leasehold Messuages, &c. holden under one Lease, In Trust (1) to grant under leases to smaller Purchasers. Variations where the vendor is an Assignee only of the premi- ASSIGNMENTS. Leaseholds (largest lot). THIS INDENTURE made the day of [*in the year of the reign, &c. and] in the year of our Lord 18 WHEREAS by an indenture of demise or Recital of lease. day of which was in the year and made, or expressed to be made between (the lessor) therein described of the one part, and the said (vendor) of the other part, certain messuages, or tenements and premises therein and hereinafter particularly described, were demised unto the said (1) As each purchaser of premises sold in lots is liable to the whole Reason of the of the rents and covenants contained in the lease, it is sometimes sti- above trust. pulated, in order to facilitate the sale of the premises, that the purchaser of the largest lot should take an assignment of the original lease, and grant under leases to the other purchasers at apportioned rents; by which means the title of the smaller purchasers is rendered less liable to objection. *Where brevity is particularly required, such parts of the precedent Brevity. as are placed within brackets may be omitted. ASSIGNMENTS. Leaseholds (largest lot). Of sale by auction. (vendor), his executors, administrators and assigns, for the term of on the day of lots. Of conditions of AND WHEREAS by the particulars and conditions of sale there exhibited, it was declared that the purchaser of lot sale. Of payment of deposit. , in such particulars mentioned, as comprising the greater part of the premises demised by the said lease, should take an assignment of the original lease, under which the same together with the several other lots, were holden, he entering into the usual covenants to produce the same when required by the purchasers of the other lots, and executing under-leases to them of their respective lots, at the yearly rent of a pepper-corn, for the residue of the term of years by the said indenture of original lease demised, wanting days at AND WHEREAS the said (purchaser) became and was declared to be the highest bidder for, and purchaser of, lot the said particulars of sale, at the sum of £ in , and thereupon Vendor an assignee. Licence to assign. day of (1) If the vendor be an assignee of the premises, say, "AND WHEREAS, by an indenture of assignment, bearing date the which was in the year and made or expressed to be made between the said (lessee) of the one part, and the said (vendor) of the other part, all and singular the said messuages, or tenements and premises, were assigned unto the said (vendor) for the residue of the said term, subject to the rent, covenants and agreements on the tenant's part, to be paid, observed and performed for or in respect of the said premises." If it be necessary that the license of the lessor should be obtained previously to the assignment of the premises, say, " AND WHEREAS the said (assignor) hath obtained a full license and authority in writing under the hand of the said (lessor), bearing date the last past, enabling him to assign day of the said messuages, or tenements and premises, in the manner hereinafter expressed, a copy of which said license is, or is intended to be indorsed on these presents." |