A. B. his executors, adminiftrators or affigns, for his and their own ufe and benefit.

Pro- Provifo for vided always, that if the faid A. B. his heirs, redemption executors or adminiftrators, do and shall,

within the space of

days next enfuing

the date of these prefents, pay or cause to be paid to the faid C. D. his executors, adminiftrators or affigns, the faid fum of

= together with fuch intereft for the fame as aforefaid. Then and in such case these prefents, and the affignment hereby made, and every clause, matter or thing, herein contained, fhall ceafe, determine, and be utterly void, to all intents and purposes whatsoever. And the faid A. B. doth hereby irrevocably Power of make, nominate, appoint, and in his ftead attorney. and place, put the faid C. D. his executors, adminiftrators and affigns, his true and lawful attorney and attornies, for him the faid A. B. and in his name, but upon the trufts aforefaid, to ask, demand, recover and receive, of and from the said E. F. and G. H. and of and from all and every perfon and perfons liable to pay the fame, the faid fum of- hereby affigned, and the interest thereof due and to become payable; and, on receipt thereof, or of any part refpectively, Efor him the faid A. B. and in his name, or in the name or names of him the faid C. D. his executors, administrators or affigns, to give, fign and execute, any receipt or receipts, acquittance or acquittances, releafe or releafes, or other discharge or discharges for the fame; and on payment thereof, or of any part thereof refpectively, for him the faid A. B. and in his name to bring, commence, carry on and profecute, any action or actions, fuit or fuits, or other proceedings whatsoever, relative to the receipt or recovery of the faid

જ

principal fum of— and the interest thereof, and of every part thereof respectively, as full and abfolutely, to all intents and purposes, as he the said A. B. might or could do in his own proper perfon, (Crvenants from A. B. for payment of the money and for further affurance.)

of PARTITION.

A Partition is the feverance and divifion

of lands, &c. held in joint-tenancy, coparcenary, or in common; by which each may hold a separate and diftin&t part. The only obfervation that it appears material to make on this head, previous to the infertion of the forms of inftruments by which partition may be effected, is, that as in all these fpecies of tenants, viz. joint-tenants, coparcenors, and tenants in common, there is a unity of poffeffion; it is neceffary that they all mutually convey and affure to each other the feveral eftates which they are separately to take and enjoy. See Nay Max. p. 46. 49. 1 Blac. Com. 163. 2 ibid. 180, 188, 192, 208.

Deed of partition of freeholds and copybolds.

recovery

THIS indenture of five parts, made, &c. between H. G. of, &c. one of the two fons of G. G. and E. his wife, formerly E. L. both deceased, of the firft part, I. G. of, &c. the other of the two fons of the faid G. G. and E. his wife, of the fecond part, M. B. of, &c. a trustee for the said H. G. and I. G.. of the third part, C. P. of, &c. Efq; of the fourth part, and I. N. of, &c. Gent. of the fifth part. (Reciting a mortgage by demife, and further mortgage which is still fubfifting.) And whereas, in and by certain indentures Recites of leafe and release, bearing date, &c. leafe and the release being tripartite, and made be- release and tween the faid H. G. and M. his wife, whereby and J. G. and E. his wife, of the first part, the freehold faid M. B. of the fecond part, and E. D. premifes Gent. of the third part. And by virtue of a common recovery duly fuffered in pursuance of a covenant in the faid indenture of release, contained, the faid feveral meffuages, or tenements and hereditaments, were discharged from all eftates-tail therein, and were affured and limited, as, to, for, and concerning one As to a undivided moiety, or one half part, the whole moiety, into two equal parts to be divided, of all and fingular the faid meffuages, cottages, tenements, lands, hereditaments and premifes, to the use and behoof of the faid H. G. and M. B. and the heirs and affigns of the faid H. G. neverthelefs as to the eftate of the faid M. B. in trust to and for the said H. G. In truft for his heirs and affigns, and as to, for and con- H. G.

are limited,

And as to the other

moiety in trust for J. G.

cerning the other undivided moiety or one half part of the fame feveral premises, to the use and behoof of the faid . G. and M. B. and the heirs and affigns of the faid 7. G. nevertheless as to the eftate of the said M. B. in trust to and for the faid J. G. his heirs and affigns, and to and for no other ufe, &c. as in and by &c. will appear. And whereas the faid H. G. and 7. G. by means aforefaid and otherwife, are feized and poffeffed in equal undivided moieties as tenants in common, not only of the faid feveral freehold meffuages, cottages, lands, tenements and hereditaments aforefaid and hereinafter mentioned to be granted and releafed, but alfo in a certain euftomary meffuage or tenement in three dwellings, fituate in S. aforefaid, and holden of the manor of C. by copy of court roll, at the will of the lord, according to the cuftom of the faid manor, and yearly rent of -and being fo feized and entitled, have this day mutually concluded and agreed to make partition between them of the faid feveral meffuages, lands, tenements and hereditaments hereinbefore mentioned, both freehold And that and copyhold, and in order thereto, they the H. G and faid H. G. and J. G. with the affiftance of I. G. are their friends and neighbours, have divided as tled to co- well fuch freehold and copyhold lands and pyhold ef- premises into two equal parts or fhares, and one of fuch parts or fhares (to wit) two meswith the fuages, &c. in C. one other meuage and freeholds garden, &c. in S. aforefaid, two acres, &c. they have and two pieces of meadow, &c and which agreed to faid feveral parcels and premifes have been tition of, valued and agreed on by and between the faid &c. parties, and are by them fet at the fum of

J.

alfo inti

tates,

which

make par

and are allotted and intended to be hereinafter limited in ufe to the faid H. G. by

4

agreement of the faid parties as the moiety, part and fhare of the faid H. G. of the faid meffuages, &c. fo agreed and intended to be divided, and to be held in feveralty by him as aforefaid; and that all the aforefaid meffuage, farm, &c. in E. and L. and meffuage, farm, &c. in C. and the customary or copyhold meffuage, &c. hereinafter covenanted and agreed to be furrendered, are likewife valued at and agreed on by and between the fame parties to be of the value of - fubject to for the principal of the faid mortgage debt, due to the faid F. A. and which reduces the fame to the sum of

a deduction of

and is allotted and hereinafter limited or agreed to be furrendered to faid J. G. and his heirs, and which, by the faid agreement of the faid parties is the moiety, part and share of the faid F. G of and in the meffuage, &c. as well copyhold as freehold, fo agreed and mentioned to be divided and to be held in feveralty as aforefaid. And whereas the value of That a fum the premises fo allotted to the faid H. G. after of money fuch deduction as aforefaid exceeds thofe shall be paid by one allotted to the faid 7. G. in the fum of for equality it is therefore agreed that the faid H. G. fhall of partition pay to the faid . G. the furn of

for

equality of partition. Now this indenture witneffeth, that in pursuance of the faid agreement, and in order to perfect the partition and agreement fo made as aforefaid, and to the end that each of the faid parties, their heirs and affigns, may hold and enjoy for ever hereafter in feveralty and diftinct from each other the faid hereditaments and premifes allotted to them; and in confideration of the fum of- Corfideraof &c. to him the faid J. G. in hand, wellion. and truly paid by the faid H. G. at or before the fealing and delivery hereof, for equality