Considerstion. Covenants. made by the said in part recited indentures of lease and release." But if the exchange be effected by one deed, say, “For and in consideration of the lands and hereditaments secondly hereinafter described, and intended to be by these presents conveyed and assured to him, the said A. B., by the said C. D., as hereinafter is expressed."] And also for and in consideration of the sum of 5s, of, &c., to, &c, paid by C. D., the receipt, &c., he, the said A. B., hath granted, bargained, sold, aliened, released, and confirmed, and, &c., (in his actual" possession, &c.) and to his heirs and assigns, all, &c., (the hereditaments of A. B.) [Add the general words, and the rever sion, &c., and all the estate, &c.; (Habendum to bar dower, or otherwise, see pp. 45 and 52.)] In lieu of, and IN EXCHANGE for, all, &c. [If the exchange be effected by two deeds, say, " for all the messuages, &c., hereinbefore referred to, and intended to be conveyed and assured to him, the said A. B., and his heirs, by the said C. D., by the said indentures of, &c., 25 aforesaid," but if the exchange be effected by one deed, say, "for the lands, &c., with the appurtenances hereinafter described, and by these presents conveyed and assured unto the said Ă. B. and his heirs by the said C. D., as hereinafter is expresssed."] Then add the usual covenants for quiet enjoyment by C. D. so long as the lands and hereditaments intended to be so granted and conveyed to him, the said A. B, by * If a sum be given for equality of exchange, add, “and in consideration of the sum of, &c., to, &c., by, &e., the receipt whereof; (and that the same is by way of, and in full for, equality of exchange for and in respect of the lands and hereditaments conveyed unto the said C. D., as hereinafter is expressed,) he, the said A. B., doth hereby acknowledge," &c. "If the exchange be perfected by one assurance, by the lease for a year, A. B. will first bargain and sell his lands to C. D., to hold in the usual way, and by a further witnessing part, C. D. will bargain and sell his lands to A. B. in like manner. the said C. D., in exchange for the same, as afore said; [or, "as hereinafter mentioned,"] shall remain and continue to the use of the said A. B., his heirs and assigns; and also that the hereditaments are free from incumbrances; and for further assurance, (see Covenants, p. 85.) And add a proviso for re-entry in case of eviction from the lands given in exchange. If the exchange be intended to be effected by one deed, add a further witnessing part, ▾ The covenants, as also provisos for re-entry, may be Proviso for omitted, as the word exchange implies a warranty; some re-entry. conveyancers think the deed better without them. The following is the form of the proviso: "Provided always, and it is hereby declared and agreed by and between the said parties to these presents; and the said A. B. doth hereby for himself and his heirs declare and agree, that if the said C. D., his heirs or assigns, or any person or persons lawfully or equitably claiming by, from, under, or in trust for him, them, or any of them, shall at any time hereafter happen to be lawfully evicted or turned out of possession of the said, &c., hereinbefore granted and released in exchange as aforesaid, contrary to the true intent and meaning of these presents, by any person or persons having or claiming any former right or title thereto, or by the heirs or assigns of the said A.B., so that the said exchange shall be defeated; that then and in such case the said hereinbefore recited indenture of lease and release, by way of exchange, bearing even date with these presents as aforesaid, and all the estate thereby granted and released, shall cease, determine, and be utterly void; and then, and in such case, it shall and may be lawful to and for the said A. B., his heirs or assigns, to enter into the lands so thereby mentioned to be granted and released to him, the said A. B., and his heirs, in exchange for the lands and hereditaments as aforesaid, and the same to have again, repossess, and enjoy, as in his or their former estate, any thing hereinbefore contained to the contrary thereof in anywise notwithstanding." If money be given for equality of exchange, add, "and that he, the said A. B., shall and will repay to the said C. D., his executors, &c., the sum of L. upon request made for that purpose, any thing hereinbefore contained to the contrary thereof in anywise notwithstanding." conveying the lands of C. D. to A. B., as in the preceding manner from A. B. to C. D.; and with the same covenants and proviso, reversing only the names.] In witness, &c. CONVEYANCE BY MORTGAGOR AND MORTGAGEE. This indenture, made, &c., between (the mort. gagee) of the first part, (the mortgagor) of the second part, (the purchaser) of the third part, and (the trustee) of the fourth part. [Recite" the mortgage, the contract for the sale of the equity of redemption, the amount due on the mortgage, and the contract for redemption.] Now, this indenture witnesseth, that, in consideration of the sum of, &c., by the said (purchaser) paid to the said (mortgagee,) the receipt, &c.; and also in consideration of the sum of, &c, by the said (purchaser) paid to the said (vendor,) the receipt, &c., he, the said (mortgagor,) hath bargained, sold, and released, and, &c., and the said (vendor) hath granted, bargained, sold, aliened, released, and confirmed, and, &c., unto the said (purchaser,) (in his actual possession, &c.,) and to his heirs, all, &c., [add the general words.] To have and to hold, &c. [Add a covenant from the mortgagee that he has done no act to incumber, and the usual covenants for title by the vendor.]* ▾ Where part of the estate is sold, and the considerationmoney is paid to the mortgagee in part discharge, the recital may be, that "it has been agreed between the parties, that the purchase-money for the said premises so contracted to be sold, shall be paid to and received by the said mortgagee in reduction and part payment of the principal and interest moneys due and owing to him on his said security." In this case, the consideration to the vendor will be nominal. * It will be advisable for the purchaser to require attested copies of the deeds, and a memorandum should be indorsed on the mortgage-deed, stating the premises sold, and the amount of the consideration-money. And add a covenant CONVEYANCE BY TRUSTEES FOR SALE. tees under owner joins. This indenture, made, &c., between (the trustees) Conveyance of the first part, (the owner) of the second part, and from trus(the purchaser) of the third part. [Recite the deed a deed of of trust for sale, with the clause that the trustees' trust, in receipts shall be discharges, &c.; and recite the sale which the by public auction; or if by private contract, say, "and whereas the said trustees, in pursuance of the trusts reposed in them as aforesaid, with the consent and approbation of the said (owner,) testified, &c., have contracted, &c., (see p. 19.)] Now, this indenture Testatum. witnesseth, that, in pursuance of the said agreement, and in consideration of, &c., to (trustees) upon or before, &c., at the request and by the direction of the said (owner,) testified as aforesaid, ("to be by them applied and disposed of, pursuant to and according to the trusts and directions of the said indenture of," &c.,) the receipt, &c., and in consideration of 5s. to (owner,) the receipt, &c., they, the said (trustees,) at the request and by the direction of the said (owner,) testified as aforesaid, have, and each of them hath, bargained, sold, and released, and by these presents, &c.; and the said (owner) hath granted, bargained, sold, released, and confirmed, and, &c., unto the said (purchaser,) (in his actual posses by the mortgagee for the production of the deeds during so long a time as the same shall remain in his possession, and a covenant by the vendor for their production afterwards. * In conveyances from trustees for sale, the deed creating the trusts should be recited fully, particularly as to the power of sale, and the proviso that the receipts of the trustees shall be discharges to the purchasers; the trusts of the money arising from such sale need not be set forth, but may be referred to thus: "In trust to apply the money arising from such sale in the manner and for the purposes in the said recited indenture contained." Habendum. sion, &c.,) and to his heirs and assigns, all, &c., and Recitals. Testatum. CONVEYANCE FROM DEVISEES IN TRUST AND This indenture, made, &c., between A. B., &c., and C. D., of, &c., (devisees in trust named in the last will and testament of E. F., late of, &c., deceased,) of the first part, G. H., of, &c., eldest son and heirat-law of the said E. F., of the second part, and (purchaser) of the third part. [Recite the devise, with the power of sale, and that the receipts of trustees shall be discharges, &c.; and recite the death of the testator without revoking his will, leaving the said G. H., his eldest son, and heir-at-law; and recite the sale by auction or private contract, (see p. 19;) and recite, "that the said G. H. hath, at the request of the said (trustees,) and for the satisfaction of the said (purchaser,) agreed to join in these presents, and the conveyance and assurance intended to be hereby made, as hereinafter mentioned."] Now, this indenture witnesseth, that, in pursuance, &c., and in consideration of L. (purchase-money) to the said (trustees,) at or before, &c., (to be by them applied and disposed of pursuant to and according to the trusts and directions of the said will of the said E. F.,) the receipt, &c., and 5s. to heir-at-law, the receipt, &c., they, the said (trustees and heir-at-law,) have, and every of them hath, bargained, sold, and released, and by these presents do, &c., unto the said (purchaser,) (in his actual possession, &c.,) and to his heirs and assigns, all, &c., and the reversion, &c., and all the |