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equity, of, in, to, from, or out of the said messuage, lands, and other hereditaments hereinbefore granted and released,

CEPTIONS.

tenement for

in lands of devisee.

Forms of Ex- agreements are valid, at law or in equity, at the time of the

execution of these presents.”

Instead of this last provision, the following is sometimes introduced immediately after the covenants:6 And it is hereby provided, declared, and agreed by and between the parties to these presents, that nothing hereinbefore contained is meant or intended to be a confirmation, either at law or in equity, of any lease or leases hereinbefore mentioned any further or otherwise than as the said A. B. is

bound by the same lease or leases respectively.” Estate for life, 14. “ Save and except the estate therein for the life of the and lease of

said C. D., and the lease granted by the said A. B., as far as life.

the same lease is warranted by an estate for the life of the

said C. D., but no further or otherwise.” Estate for life 15. “ Save and except the estate for the life of the said

C. D., of and in such and so many of the said lands and hereditaments as were devised to her as aforesaid, and the

rents &c.” Outstanding 16. “ Save and except such terms of years as are out

standing, to protect the freehold inheritance of the same premises from mesne incumbrances for the benefit of the said A. B., his heirs, appointees, and assigns.”

Or,“Save and except such terms for years, if any, as are outstanding, and in trustees to protect the reversion and inheritance of the said A. B. hereby released or otherwise assured or intended so to be, or any of them, as the same reversion and inheritance are hereby conveyed, settled, and

assigned, or intended so to be." Land-tax,

17. “ Save and except the land-tax, the leases of the leases, and out

present tenants or occupiers, and the terms, if any, outstandstanding terms.

ing, in trust for the said A. B., his heirs and assigns, to attend the inheritance."

18. “ Save and except such term or terms of years, if any, terms, and land- in the said closes, &c. as is or are now vested in or shall

forthwith be assigned to any person or persons, in trust to

terms.

Attendant

tax.

or expressed and intended so to be, or any of them, or any part thereof, by, from, or under, or in trust for him the said C. D., or his heirs, or by, from, or under the said E. F. the testator, shall and will from time to time, and at all times hereafter upon every reasonable request to be made for that purpose, by, with, and at the proper costs, charges, and expenses in the law of the said A. B., his heirs or assigns, make, do, acknowledge, and execute, or cause and procure to be made, done, acknowledged, and executed, all and every such further and other lawful and reasonable acts, deeds, things, devices, conveyances, and assurances (a) in the law whatsoever, for the further, better, more perfectly, and absolutely granting, conveying, and assuring of the said messuage, lands, and other hereditaments hereinbefore granted and released or expressed, and intended so to be, and every of them, and every part thereof with their appurtenances, unto and to the use of the said A. B., his heirs and assigns for ever, (subject as hereinbefore is mentioned), as by the said A. B., his heirs or assigns, or his or their counsel in the law, shall be reasonably (6) advised or devised and required.

attend the freehold reversion and inheritance of the premises, as the same freehold reversion and inheritance are hereby released or otherwise assured, or intended so to be, and the land-tax now charged upon or payable in respect of the same premises, and which shall henceforth become due and payable for the same premises.”

As it is not unusual with some practitioners to except attendant as well as outstanding terms, which are, strictly speaking, legal incumbrances, I have introduced a Form for this purpose. The student must be apprised, however, that though the practice alluded to wants not the authority of great names in its support, it has been strongly condemned by Sir Edward Sugden, in his Treatise on Vend. & Pur. i. 469, where he observes that “this practice is very incorrect, for the term is a protection, and not an incumbrance; and the exception in the conveyance effectually defeats the advantages which might otherwise be derived from the term being assigned by a separate deed.”

(a) Vide Coles v. Kinder, Cro. Jac. 571.
(0) Vide More v. Roswell, Cro. Eliz. 298; Benneli's Cuse, Ib. I.

to uses.

and his truss tees are seised in fee.

For title to free

XLVI. Covenant, promise, and agree, with and to the holds in release

said A. B. and his heirs, by these presents in manner fol(In purchase deeds).

lowing ; (that is to say), that for and notwithstanding any act, deed, matter, or thing whatsoever, by him the said C. D., or the said E. F. the testator, or (a) any person claiming under him, made, done, committed, or executed, or know

ingly or willingly suffered to the contrary, they the said That vendor C. D., G. H., and I. K. are, or some or one of them is at

the time of the sealing and delivery of these presents, lawfully, rightfully, and absolutely seised of and in, or well and sufficiently entitled to the messuage, lands, and other hereditaments hereinbefore granted and released, or expressed and intended so to be, and every of them and every part thereof with their appurtenances, of a good, sure, lawful, perfect, absolute, and indefeasible estate of inheritance, in fee simple, without any manner of condition, use, trust property, power of revocation, equity of redemption, remainder or limitation of any use or uses, or other restraint, cause,

matter, or thing whatsoever, to alter, change, charge, defeat, Have good righe incumber, revoke, or make void the same; and that for and 10 convey.

notwithstanding any such act, deed, matter, or thing as aforesaid, they the said C. D., G. H., and I. K. now have in themselves respectively good right, full power, and lawful and absolute authority to grant, bargain, sell, release, and confirm the said messuage, lands, and other hereditaments herein before granted and released, or expressed and intended so to be, with the appurtenances to the uses hereinbefore expressed or de

clared of or concerning the same in manner aforesaid, and acFor quiet en- cording to the true intent and meaning of these presents; and joyment.

that the said messuage, lands, and other hereditaments hereinbefore granted and released, or expressed and intended so to be, with their appurtenances, shall and may from time to time, and at all times hereafter, go and remain to the uses hereinbefore expressed or declared of and concerning the same, and be peaceably and quietly entered into and upon, held, used, occupied, possessed, or enjoyed, and the rents, issues, and profits thereof, and of every part thereof, had, received,

(a) As to the persons against whose acts a vendor is bound to cove nant, vide Tit. X. art. xlv. note,

and taken accordingly, without the lawful let, suit, trouble, denial, eviction, interruption, claim, or demand whatsoever, by him the said C. D. or his heirs, or of or by any other person or persons lawfully or equitably claiming, or to claim by, from, or under, or in trust for him, them, or any of them, or by, from, or under the said E. F. the testator; and that Free from infree and clear, and freely and clearly, and absolutely acquit- cumbrances. ted, exonerated, released, and for ever discharged; or otherwise by the said C. D., his heirs, executors, or administrators, well and sufficiently saved, defended, kept harmless, and indemnified of, from, and against all and all manner of former and other gifts, grants, bargains, sales, leases, mortgages, jointures, dowers, right and title of dower, uses, trusts, entails, wills, statutes merchant or of the staple, recognizances, judgments, executions, rents, arrears of rent, annuities, legacies, sums of money, yearly payments, forfeitures, reentries, cause and causes of forfeiture and re-entry, debts of record, debts due to the Queen's Majesty, and of, from, and against all other estates, titles, troubles, charges, debts, and incumbrances whatsoever, either already had, made, executed, occasioned, or suffered, or hereafter to be had, made, executed, occasioned, or suffered, by the said C. D. or his heirs, or by any other person or persons lawfully or equitably claiming or to claim by, from, under, or in trust for him, them, or any of them, or by the said E. F. the testator, or any person claiming under him, (except &c. (a)); And fur- And for further ther that he the said C. D. and his heirs, and all and every other persons or person having or claiming, or who shall or may have or claim any estate, right, title, interest, inheritance, use, trust property, claim or demand whatsoever, either at law or in equity, of, into, from, or out of the said messuage, lands, and other hereditaments hereinbefore granted and released, or expressed and intended so to be, or any of them, or any part thereof, by, from, or under or in trust for him the said C. D. or his heirs, or by, from, or under the said E. F. the testator, shall and will from time to time, and at all times hereafter, upon every reasonable request to be made for that purpose, by and with, and at the proper costs

assurance.

(a) For Forms of exceptions, vide Tit. X. art. xlv. note, pp. 705–709.

and charges in the law of the said A. B., his heirs, appointees, or assigns, make, do, acknowledge, and execute, or cause and procure to be made, done, acknowledged, and executed, all and every such further and other lawful and reasonable acts, deeds, things, devices, conveyances, and assurances in the law whatsoever, for the further, better, more perfectly, and absolutely granting, conveying, and assuring the said messuage, lands, and other hereditaments hereinbefore granted and released, or expressed and intended so to be, and every of them, and every part thereof, with their appurtenances, (subject as hereinbefore is mentioned), to the uses hereinbefore expressed or declared of or concerning the same, as by the said A. B., his heirs, appointees, or assigns, or his or their counsel in the law, shall be reasonably advised or devised and required.

For title to

lease to uses.

seised in fee.

convey.

XLVII. Covenant and agree with the said A. B. and his freeholds in re- heirs by these presents in manner following; (that is to say), (Short form in that notwithstanding any act by him the said C. D., or the purchase deeds.) said E. F. the testator (a), or any person claiming under

him, done or suffered to the contrary, (except as appears by That vendor is these presents), he the said C. D. is lawfully seised of the

messuage and other hereditaments hereinbefore released, or

expressed and intended so to be, with their appurtenances in Has right to fee simple, free from all incumbrances; and that notwith

standing any act as aforesaid, he the said C. D. now hath full power to grant and release the said messuage and other hereditaments hereinbefore released, or expressed and in

tended so to be, with their appurtenances, to the uses hereinFor quiet en- before declared in manner aforesaid; and that the said mesjoyment.

suage and other hereditaments, with their appurtenances,'shall at all times hereafter remain to the uses hereinbefore declared, and be peaceably enjoyed, and the rents, issues, and profits received accordingly, without any interruption by him the said C. D., or his heirs, or by any other person or persons lawfully or equitably claiming or to claim by, from, or

(a) As to the persons against whose acts a vendor is bound to covenant, vide Tit. X. art. xlv, note.

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