Sidebilder
PDF
ePub

quired.

V. The title, singular the said demised tenements, with the appurtenances, and how ac- and became and was possessed thereof for the said term `so to him thereof granted as aforesaid. And the said E. F being so possessed thereof, he the said E F, afterwards, to wit, on, &c. at, &c. aforesaid, by his certain deed-poll indorsed on the said indenture, and duly signed by him, and sealed with his seal, and which the said A B now brings here into court, the date whereof is the day and year last aforesaid, he the said EF, for the considerations therein mentioned, did bargain, sell, assign, transfer and set over, unto the said A B, his executors, administrators and assigns. [Here set out the operative words of the deed of assignment.] As by the said deed-poll reference being thereunto had will more fully appear. By virtue of which said deed-poll, the said A B afterwards, to wit, on &c. last aforesaid, at, &c. aforesaid, became and was, and from thence hitherto hath been, and still is, possessed of the said *tenements, with the appurtenances, for the residue of the said term so thereof granted as aforesaid. And although, &c. [Aver plaintiff's general performance of the lease since the assignment to him of lessee's interest.]

* 217

29. Surrender of a leasehold interest.(t)

And the said E F being so possessed of the said demised tenements, with the appurtenances, as aforesaid, he the said E F, after the making of the said indenture, and during the continuance of the said term thereby granted, to wit, on, &c. at, &c. aforesaid, did surrender to the said G H the said term of years of him the said E F, then to come and unexpired, of

reversion, or by the assignee of the
tenant, he must state the operative
part of the deed of assignment, &c.
and all mesne assignments, by virtue
of which he is entitled to sue; 1
Saund. 112. b. n. 1. 234. n. 3. but the
assignee of a term needs not shew
the assignment to have been by deed,
or in writing, under the statute 29
Car. II. c. 5. s. 3. And where the title
is doubtful, or the assignments have
been lost, 2 Bl. Rep. 1228. It is ad-
visable not to refer to the deeds of
assignment, 1 Saund. 234. n. 3. 276.
n. 1, 2. A more concise form may

be adopted against an assignee, ante, 190. n. (x).

(t) See the precedent, 1 Saund. 235. 2 Saund. 22. 2 Bl. Com. 326. As to what operates as a surrender, and the mode of pleading it, see 1 Saund. 235. c. n. 9. 6 East, 86. Com. Dig. Surrender, N. Though since the statute against frauds, a surrender not merely by operation of law, must be in writing, yet in a declaration it is not necessary to allege that it was in writing, though it may be necessary in a plea, 1 Saund. 276. a. n. 1, 2.

and how acquired.

and in the said demised tenements, with the appurtenances, V. The title, and all his estate, right, title and interest, of and in the same; which said surrender he the said G H then and there accepted.

And the said E F being so seised, afterwards, to wit, on, &c. at, &c. by his certain writing, then and there made by him the said E F, and sealed with his seal, the date whereof is the day and year aforesaid, he the said E F, for and in consideration of the natural love and affection which he the said F bore for the said A B, then and there being his cousin, did covenant for himself and his heirs, to and with the said AB and his heirs, that he the said E F and his heirs, then and from thenceforth for ever, did, would and should, stand and be seised of the said (or of the said reversion of and in the said) demised tenements, with the appurtenances, to the use of the said A B, his heirs and assigns forever, whereupon and whereby according to the form and *effect of the said deed and of the said covenant of the said E F, and by force of the statute for transferring uses into possession,(u) he the said A B then and there became and was seised of and in the said demised tenements, with the appurtenances, (or of the said reversion") in his demesne as of fee, and being so seised, &c.

30. Covenant

to 8 and suised to uses (#)

* 218

And the said E F being so seised, afterwards, to wit, on, &c. 31. Bargai at, &c. by a certain indenture of bargain and sale then and and sale rolled.(x) there made between the said E F of the one part, and oneGH of the other part,(y) and sealed with the seal of the said EF, and bearing date the day and year aforesaid, and which said indenture of bargain and sale was afterwards and within

(u) As to this conveyance, see 2 Bl. Com. 358. and as to pleading it, 2 Saund. 97. b. c. Lutw. 1207. Carth. 307. 3 Lev. 370.

(u) See post, 219, n. (c).

(x) The nature of this conveyance is described in 2 Bl. Com. 338. and 1 Saund. 251. n. 2. see the preeedents, 1 Saund. 251, 252, 256. 2 Saund. 275-297. e. Id. 11. The

bargain and sale, (with the exception
of a profert thereof, which was unne-
cessary, see below,) was in Outrain
and Morewood, 5 East, 346. pleaded
as in this precedent.

(y). It is not necessary to make a
profert of deeds, operating under the
statute of uses, 8 T. R. 573. 1 Saund
9. n. 1.

and how acquired.

*219

V. The title, six months next after the date thereof, to wit, on, &c. in due manner enrolled in the high court of chancery of our lord the now king, at Westminster, in the county of Middlesex, according to the form of the statute in such case made and provi ded,(z) he the said E F for and in consideration of a certain sum of money, to wit, the sum of (a) therefore then and there paid by the said G H to the said E F, did bargain *and sell(6) to the said G H, amongst other things, the said demised premises, with the appurtenances. To have and to hold the same to the said G H, his heirs and assigns, to the only proper use and behoof of him the said G H, his heirs and assigns forever. As by the said last-mentioned indenture reference being thereunto had, will (amongst other things) more fully and at large appear. By virtue of which said bargain and sale, and enrolment, and by force of the statute for transferring uses into possession,(c) he the said G H then and there became and was seised of the reversion of the said demised premises, with the appurtenances, as of fee, and the said GH being so seised, &c.

32. Lease and release.(d)

And the said E F being so seised (or so seised of the said reversion) as aforesaid, afterwards, to wit, on, &c. at, &c. aforesaid, by a certain indenture of bargain and sale, then and there made, between him the said E F of the one part, and the said

(z) By 27 Hen. VIII. c. 16. bargains and sales shall not enure to pass a freehold, unless the same be made by indenture, sealed and enrolled within six months after the date thereof, in one of the courts at Westminster, or with the Custos Rotulerum of the county, 2 Bl. Com. 338. 1 Saund. 251. n. 2. It is necessary to shew in what court the deed is enrolled, 1 Saund 251. n. 3. Com. Dig. Bargain and Sale, b. 12, This regulation does not extend to London, &c. Com. Dig. Bargain and Sale, b. 5.

(a) In pleading a conveyance under the statute of uses, it is necessary in all cases (except in the instance of a covenant to stand seised, ante,

317.) to state that a valuable const

deration was paid. Com. Dig. Bargain and Sale, B. 12. 1 Mod. 263. 2 Saund. 12. n. 20. Ante, vol. 1. tit. Declarations.

(b) The operative words are so pleaded in 2 Saund. 275. which is more correct than the form in 1 Saund. 251. See also 2 Saund. 97. e.

(c) The 27 Hen. VIII. e. 10. is always called in pleading "the statute for transferring uses into possesim,” 1 Saund. 251. n. 2. 2 Saund. 97. c.

(d) 2 Bl. Com. 339. See precedents, 2 Saund. 10. 275. Lutw. 567. As to the mode of pleading the lease for a year, see 2 Saund, 10. n. 15. Lease by husband and wife, 2 Saund 180. b.

and how ac

quired.

* 220

A B of the other part,(e) he the said E F for and in considera- . The title, tion of a certain sum of money, to wit, the sum of 5s. then and there therefore paid by the said A B to the said E F, did bargain and sell the said (or the said reversion of and in the said) demised tenements, with the appurtenances, to the said A B to have and to hold the same to the said A B, his executors, administrators and assigns, from the day next before the day of the date of the said last-mentioned indenture, for the term of one whole year from thence next ensuing, and fully to be complete and ended. As by the said indenture reference being thereunto had, will (amongst other things) more fully and at large appear. By virtue of which said last-mentioned indenture, and by force of the statute made for transferring uses into possession,(f) the said A B then and there became and was possessed of the said tenements, with the appur tenances, for the said term so to him thereof granted, as aforesaid, (or if the conveyance was of a reversion expectant on the expiration of a lease for years, insert after the word “possession," as follows: "the said reversion of and in the said demised tenements, with the appurtenances, became and was vested(g) in the said A B, for the said term so to him thereof granted as aforesaid,) the reversion (or if expectant on a lease, Release (!)) "the further reversion") thereof, with the appurtenances belonging to the said E F, his heirs and assigns. And the said AB being so interested as aforesaid, and the said further reversion thereof belonging as aforesaid, and the said CD being so possessed of the said demised premises for the residue of the said term so to him thereof granted as aforesaid, afterwards, to wit, on, &c. at, &c. aforesaid, by a certain indenture. of release then and there made between the said E F of the one part, and the said A B of the other part, he the said E F for and in consideration of a certain sum of money, to wit, the

(e) No profert should be made of the lease or release, ante, 218. n. (y). (f) This allegation in the old way of pleading, was omitted, but it is now always inserted, 2 Saund. 10. n. 15. Ante, 219. n. (c). ̧

(5) See the opinion of Mr. Booth, in Cases and Opinions, vol. 2. 143 to

149. tit. Reversion, edit. 1791, as to
the effect of a conveyance by lease
and release of a reversion expectant
on a term, and the mode of pleading
such conveyance, and see Co. Lit.
270. a. n. 3.

(h) See the precedents, 2 Saund
11. 276, 277. Lutw. 568,

and how acquired.

V. The title, sum of -. then and there paid to him by the said A B, did grant, bargain, sell, alien, release and confirm,(i) unto the said A B and his heirs, the said demised premises with the appurtenances, to have and to hold, &c. [Set out the habendum as in the deed.] By virtue of which said lastmentioned indenture, and by force of the statute made for transferring uses into possession,(^) afterwards and during *the continuance of the said term by the said first-mentioned indenture granted, to wit, on, &c. aforesaid, at, &c. aforesaid, he the said A B became, and was, and from thence hitherto hath been, and still is, seised in his demesne as of fee, (or of and in the said reversion,) of and in the said demised tenements, with the appurtenances.

* 221.

33. By a private act of parliament. (0

34. By lease, &c. from the king, with

profert of exemplification

ment of the

letters patent.

For that whereas heretofore, to wit, on, &c. at, &c. by a certain act of parliament made in the 47th year of the reign of his present majesty, intituled, &c. after reciting that, &c. it was, amongst other things, enacted, &c. [here set forth the material clauses.] As by the record of the said act of parliament remaining amongst the rolls of the parliament of our lord the now king, at Westminster, in the county of Middlesex, may more fully and at large appear.

[State the seisin of the king as ante, 201. and then proceed as follows:] And being so seised thereof, the said late king afterwards, to wit, on, &c. in the year of his reign, by his cerof the enrel- tain indenture sealed with his great seal of England, made between the said late king and one E F, and in due manner enrolled of record, in the court of chancery of the said late king, at Westminster, demised, granted, and to farm, let, &c. [here set out the demise, &c.] As by the said indenture, (an exemplification of the enrolment whereof sealed under the said late

(m)

(i) As to the proper words to be here inserted, see 2 Saund. 97. a. b. c. and the precedents, id. 11. 276,

N. P. 224. Precedent, 1 Saund. 193. The defendant is not entitled to oyer, Doug. 476, 477. 1 Saund. 9. n. 1. b. (m) As to pleading leases or other (k) Supra, note (f). Ante, 219. grants from the king, which are aln. (c).

277.

(1) 2 Bl. Com. 344, 345. As to pleading a private act of parliament, see Bae. Abr. tit. Statute, L. Bull.

ways matter of record, see 2 BI. Com. 346. 1 Saund. 189. Com. Dig. tit. Patent..

« ForrigeFortsett »