recited Indenture was, by a Provifo or Condition therein contained, made Defe fible, on Payment of the Sum of, &c. at a Day long fince paft; as in and by the fame Indenture may more fully appear.

Whereas the within named A. B. having Recital of fai failed in Payment, not only of the Princi-ture in Pay pal Sum of fool. fecured by the with-ment of Mortin written Indenture, but also of all Intereft ge-Money, due for the fame, ever fince the Date of the made Princi and Interes within written Indenture. And the faid pal. A. B. ftands alfo indebted to the within named C. D. in the further Sum of 100% fo that upon an Accompt now made up between the faid A. B. and C. D. of and concerning the Intereft of the faid sool. and alfo the faid 100l. there remains juftly due and owing from the faid A. B. to the faid C. D. the Sum of 160%. And the faid 4. B. having not Money to pay the fame, hath requefted the faid C. D. that the faid, 1601. may be added to the faid Sum of sool. within fecured and made Principal, whereto the faid C. D. hath confented.

1

Whereas A. B. of, &c. by his Indenture Recital of of Mortgage, his Hand and Seal, Mortgage, fai under bearing Date, &c. did Demife, Grant, lure in Pay Bargain and Sell, unto C. D. of, &c. all ment, &c. and Reversion and Reverfions, Remainder and gage. that Meffuage, &c. fituate, &c. and the an Alignment of the Mart Remainders, Rents, Iffues and Profits thereof; and all the Eftate, Right, Title, Intereft, Property, Cla m, and Demand whatfoever, of him the laid 4, B. of, in and to the fame, or any Part or Parcel thereof; To be had and holden unto the faid C. D.

Failure of Pay.

ment.

"

his Executors, Administrators, and Affigns, from the Date thereof, for and during the Term of rooo Years, from thence next enfuing, and fully to be compleat and ended, at and under the yearly Rent of, &c. In which faid recited Indenture, there is a Provifo or Condition contained, for the making void the fame, by and upon Payment to have been made by the faid A.B. his Heirs, Executors or Administrators unto the faid C. D. his Executors, Adminiftrators or Affigns, of the Sum of, &c. and the lawful Intereft thereof, at, or upon, &c. next enfuing the Date thereof; as in and by the faid recited Indenture (relation being thereunto had) will more fully appear.

tereft thereof fall

And whereas failure of Payment was made of the faid Sum of, &c. and the Into the true meaning of the faid Provifo; by means whereof, the Premiffes above-mention'd became forfeited to the faid C. D. and his Eftate and Intereft therein, for the remainder of the faid Termof rooo Years,became in Law abfolute. Alignment of And whereas in and by one Indenture the Mortgage. Tripartite, tearing Date, &c. made between the faid C. D. of the first Part; the faid A. B. of the fecond Part; and E. F. of, &c. of the third Part; reciting therein in Effect, as is herein before recited. And reciting alfo, That he the faid C. D. in Confideration of the Sum of, &e. to him in hand paid by the faid E. F. at the Requeft, and by the Confent and Direction of the faid A. B. teftified by his being a Party thereto, and executing thereof. He the

faid

faid C. D. by the like Confent and Direction of the faid A. B. teftified as aforefaid, did Bargain, Sell, Affign, Transfer, and Set over unto the faid E. F. his Executors, Adminiftrators and Affigns, all and fingular the faid Meffuage, Lands and Premiffes above recited to have been granted unto the faid C. D. in and by the faid recited Indenture; and all the Eftate, Right, Title, Intereft, Property, Claim and Demand whatsoever, of him the faid C. D. his Executors, Adminiftrators and Affigns, of, in and to the fame Premiffes, or any Part or Parcel thereof, together with the faid recited Indenture; and all other Deeds, Evidences, and Writings, which the faid C. D. had, touching or concerning the fame: To be had and holden unto the faid E. F. his Executors and Adminiftrators, from the Date thereof, for and during all the reft, refidue and remainder of the above recited Term of roop Years therein then to come and unexpired. And the faid A. B. for the Confiderations aforefaid, and of the Sum of, &c, to him in hand alfo paid by the faid E. F. did Grant, Ratify and Ratify and Confirm unto the faid E. F. his Confirm. Executors, Adminiftrators and Affigns, the aforefaid Meffuage and Premiffes, and all his the faid A. B's Eftate, Right, Title, Intereft, Property, Claim and Demand whatfoever, as well in Law as Equity, of, in and to the fame, or any part thereof: To be had and holden unto the faid E. F. his Executors, Adminiftrators and Affigns, for and during the remainder of the said Term of

Habend dif 1000 Years, then to come and unexpired, charg'd of for- abfolutely acquitted and discharged, of and mer Provifo. from the Provifo or Condition above men

tion'd; and of and from all Power, Benefit and Equity of Redemption of the fame Premiffes, by means thereof; which faid laft recited Indenture was Defefible on Repayment by the faid A. B. to the faid E. F. of the faid Sum of, &c. with the Intereft thereof, at a certain Day therein mention'd, then to come, and now long fince paft; as in and by the fame Indenture may more fully appear.

Recital of Whereas A. B. of, &c. in and by one InMortgage for denture, bearing Date, &c. in confideraTerm of 1000 Years, and of tion of the Sum of, & therein mention'd an Affignment to be paid to him by C. D. late of, &c. did of the Mort- Bargain, Sell, Demife, Grant and to Farm gage,after ano- let and fet unto the faid C. D. in his Lifeiber manner. time, his Executors, Adminiftrators and

Affigns, all that Meffuage, &c. To be had and holden unto the faid C. D. his Execu tors, Adminiftrators and Affigns, for and during the Term of 1000 Years thence next and immediately enfuing and following, fully to be compleat and ended, without Impeachment of or for any manner of Wafte, by and under the yearly Rent of a PepperCorn; which faid Indenture was neverthelefs Defefible, on Repayment of the faid,

c. with Intereft for the fame, at certain Days and times in the fame Indenture expreffed, and now paft; as in and by the faid recited Indenture may more fully appear. And whereas failure being made in Payment of the faid, &c. and Intereft at

the

the times in the Provifo or Condition in the faid recited Indenture mention'd; the Eftate and Term thereby granted, became in Law abfolute. And whereas in and by The Affignment. one Indenture Tripartite, bearing Date, &c. made between the faid A. B. of the firft Part; T. E. of, &c. and E. his Wife, fole Daughter and Adminiftratrix de bonis non, of the Goods and Chattels of the faid C. D. de 2. of the fecond Part; and the said E. F. of third Part; reciting therein in Effect, as is herein before recited: And reciting further, that the faid C. D. died Inteftate, and Letters of Administration of his Goods and Chattels, were in due form of Law granted and committed to T. D. his Son, who afterwards died alfo without making any Difpofition of the said Term, or any Alteration of the Eftate thereby granted; and that after his Deceafe, Administration de bonis non, of all and fingular the Goods and Chattels, Rights and Credits, whereof the faid C. D. died poffeffed, by the said T. D. unadminiftred, were in due form of Law granted and committed to the faid A. Wife of the faid T. E. as might appear. And reciting farther, that the faid T. E. and A. his Wife, had that Day accompted with the faid A. B. for the Principal and Intereft then remaining due and owing on the faid récited Indenture of Mortgage. And upon a juft Accompt made, there remained due and owing to the faid T. E. and A. his Wife, for Principal and Intereft, the Sum of, &c. The faid A. B. did Remife and

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