« ForrigeFortsett »
An estate is settled upon such uses as A. shall ap
point, in default of appointment, to B. for life, re-
A., a woman tenant in tail, died, leaving her husband
B. tenant by the courtesy, and her eldest son C. issue in tail.
B. is the protector, sect. 22.
A. conveys an estate to B. to the use of C., after his
own (A.) death, remainder to D. in tail. An estate for life resulting to A., he is protector.
An estate is settled on A. and his heirs during the life of B.
remainder to D. for life remainder to C. in tail. A. dies in the lifetime of B., and his estate descends to his heir. D. is protector, sect. 27 and 28.
Lands were settled
remainder to C. for life.
his executors. The Court of Chancery is protector during the re
mainder of B.'s life; but if C. had survived A., C. would have been the protector.
Assignment. An estate is limited to A. for life
remainder. To B. for life
remainder. To C. in tail. A. conveys his estate to E., a
stranger. He remains protector; but if A. conveys to B., or A.'s estate is otherwise merged in B.'s, then B. is protector.
RECEIVED, on the day of the date of the within- Receipt (inwritten indenture, of and from the within-named dorsed) for C. D., the sum of five hundred pounds, being the
tion-money consideration-money within-mentioned to be by him in a deed. paid to me."
Received, the day of, &c., of and from A. B., of, Receipt by &c., the several deeds, papers, and writings mentioned mortgagor to
mortgagee of " The acknowledgment in the body of the deed is not As to the reconclusive evidence of payment, (Styl. 462; 1 Ca. Chan. lease part in 119; Coppin v. Coppin, 2 P. Wms. 290 ;) but where it is the body of recited in the deed as an antecedent fact, it will not be requisite to indorse a receipt.
The release in the body of the deed estops the vendor at Operates by law from saying that the purchase-money remains unpaid ; estopel. but if the indorsed receipt is not signed, the presumption in equity is that the money remains unpaid. Separate receipts are generally indorsed for considerations paid to each party receiving, but the same may be included in one receipt, thus:
We, the within-named A. B., C. D., and E. F., do hereby Several consiseverally acknowledge to have had and received of and from derations in the within-named (purchaser,) the within-mentioned sums
one receipt. of, &c., according as the same is mentioned to be paid to us severally by the within-written indenture, being in full for the consideration-money for the within hereditaments and
and set forth in the above-written [or " undermentioned"] schedule, which I undertake to deliver up safe, inevitable accidents excepted,) upon payment of the sum of, &c., this day lent and advanced by me to him on mortgage of a messuage, lands, and premises, situate, &c., the property of the said A. B. As witness my hand, the day and year aforesaid.
Receipt by mortgagee, indorsed.
I do hereby acknowledge to have this day received from the within-named (mortgagor) the sum of, &c., being in full for the principal moneys and interest due to me on the within-mentioned mortgage. As witness my hand, this day, &c.
Receipt for interest money.
Received, this day of, &c., of and from A. B., of, &c., the sum of, &c., for one-half year's interest, due to me on the day of, &c., last, upon the principal sum of, &c., secured to me on mortgage premises at, &c., in the county of, &c.
Receipt for annuity.
Received, this day of, &c., of and from A. B, of, &c., the sum of, &c., being one-half year's annuity, payable by him to me during the life of, &c., a and secured by an indenture, dated, &c.
Receipt for rent. *
Received, this day of, &c., from, &c., [or say, if paid by a third person, “ by the payment of, &c.,"] the sum of, &c., for half a year's rent due to me on Ees Michaelmas-day last, for a dwelling-house and pre- id mises situate, &c., and rented by hiin of me.
* The last receipt will be considered as presumptive evi- sen dence that all previous payments have been duly made; (see or 3 Chit. Comm. Law, 134.)
This indenture, made, &c., between the mortgagee,) From morte of, &c., of the one part, and (the mortgagor,) of, &c., gagee to of the other part. [* Recite the mortgage, and that mortgagor. the said sum of, &c., was not paid to the mortgagee mortgage, on the day in the said proviso appointed for pay- and that dement thereof.] And whereas there is now due and owing upon the said in part recited security the said principal sum of L. together with the sum of L. for interest thereon, up to the day of the date of these presents, making together the sum of L. [if the money has been previously paid, say, and whereas the said sum of, &c., and all interest due in respect thereof, have been lately fully paid and satisfied, as he, the said (mortgagee,) doth hereby acknowledge, but no re-conveyance hath yet been executed by the said (mortgagee) of the said premises."] And whereas the said (mortgagor) is now desirous of paying off the said principal sum of L. &c., so secured by the said in part recited indenture, and of having such re-conveyance made to him of the said premises as hereinafter contained : Now, this indenture witnesseth, that, in consideration Operative of the said sum of, &c., by (mortgagor) to (mort- part.
fault was made.
s As to recitals, see ante, pp. 11 and 16.
gagee,) &c., the receipt, &c., [or, if the money has been previously paid, say, “ for and in consideration of the said sum of, &c., and all interest due in respect thereof, having been so fully paid and satisfied as hereinbefore mentioned, the payment whereof, &c. ;] and that the same (was and] is in full payment and satisfaction of all principal, interest, and other moneys due upon or in respect of the said in part recited security, the said (mortgagee) doth hereby acknowledge, and of and from the same, &c., doth acquit, release, and discharge the said (mortgagor,) his heirs, executors, administrators, and assigns, and every of thein for ever, by these presents; he, the said (mortgagee,) hath, &c., and by these presents doth bargain, sell, release, and quit claim unto the said (mortgagor,) (in his actual possession, &c.) and to his heirs and assigns, all, &c., [take the description from the mortgage-deed,] and the reversion, &c., and all the estate, &c. To have and to hold the said, &c., hereby released and conveyed, or intended so to be, with their and every of their appurtenances, unto and to the use of the said (mortgagor,) his heirs, and assigns for ever, (freed and absolutely discharged of and from the said sum of, &c., and all interest and other moneys whatsoever due in respect thereof, and all claims and demands of or by the said (mortgagee,) his heirs, executors, administrators, or assigns, concerning the same respectively, or otherwise, by reason of the said in part recited mortgage.) [Add a covenant from the mortgagee that he hath done no act to incumber. If the mortgagor was married before 1834, the habendum should be to the uses for preventing dower, for which purpose a trustee must be made a party to the deed, following the mortgagor. If the purchaser was married after the
first January 1834, add the declaration as in p. 52.] In witness, &c.t
Re-conveyance of an
t If the re-conveyance be of an outstanding legal freehold estate, the parties thereto will be the person having the legal