*21] *The house, part of garden, and carriage drive, coloured pink on plan, are freehold. The remainder of the property is copyhold of the manor of Chingford St. Paul's, subject to an annual quit-rent of a few shillings, and the usual fines on death or alienation. Nos. 219 and 220 are heriotable.

"Of the residence, garden, yard, and two meadows (in all 9a. 3r. 7p.), possession will be given on completion of the purchase; the remainder, together with the whole of Lot 2, is let on lease to Mr. Humphreys, for a term which will expire at Michaelmas, 1859, at the very low rental of 951. per annum. The rent apportioned in respect of the part of Lot 1 now occupied by him (being 19a. 2r. 24p.), is 401. The apportioned quit-rent on this lot is 148. 3d. The purchaser of Lot 1 shall hold Mr. Humphrey's lease. The purchaser of Lot 2 can have an attested copy, at his own expense."

The sale was subject to certain conditions;(a) and at such sale Rich(a) Conditions of sale.-"1. No person shall at any bidding advance less than 107. No bidding shall be retracted; the highest bidder shall be the purchaser, and, if any dispute arise concerning the bidding for either lot, the same shall be put up again and resold.

"2. The purchaser of either lot shall immediately after the sale, pay a deposit of 20 per cent. of his purchase-money into the hands of the auctioneer, and sign the subjoined agreement. "3. The fixtures belonging to the vendor in Lot 2 will be included in the purchase of that lot. The fixtures in the house, and the iron hurdles, &c., in the grounds on Lot 1 (according to an inventory which will be produced at the sale), shall be paid for by the purchaser at a valuation to be made by two valuers, one to be nominated by each party, or by their umpire, in the usual The purchaser of Lot 1 shall have the privilege of taking at a valuation, to be similarly made, all or any of the furniture in the said house, the vendor reserving to himself the right of selling on the premises at any time before the completion of the purchase of Lot 1, such furniture as the purchaser shall not within 21 days after the sale have signified in writing to the auctioneer his intention so to take.

manner.

"4. The purchaser of each lot will be entitled to the benefit of all the forest rights appurtenant thereto the said rights are believed to be the right of depasturing or turning upon the forest two cows or one horse to every 40s. of rental, and the purchasers shall accept as conclusive evidence thereof the evidence which satisfied the vendor on his purchase in 1850 of part of the property now offered for sale, viz., a declaration on the subject by the then out-going tenant, who in such declaration states that he had occupied his farm for twenty-one years and upwards. "5. The titles to Lot 2 and to such part of Lot 1 as is copyhold, shall commence with the admittances of Charles Smith and Drummond Smith respectively on the 19th of May, 1815; the earlier titles will not be shown, and shall not be investigated. Upon the admittance in 1850 of a former owner of part of the property, an annual sum of 178. 6d., stated to be part of a quit

ard Poppleton became the highest bidder *for the same, at the sum of 25007., and entered into and signed a written contract for the purchase thereof, in the *form set forth in the copy of the particulars, and at the same time paid the sum of 500l. as a deposit, pursuant to the said conditions.

[*22

[*23

rent of 12. 108. 8d., was apportioned as the part to be payable in respect of such property; and the purchaser shall assume that the property is subject to no more than such apportioned part. "6. The purchaser shall assume that every former owner of any part of the property whose widow (if any) would have been entitled to dower or free-bench, and is not mentioned in the title, did not leave a widow.

"7. Every deed and entry on or copy of court-roll dated more than ten years ago, shall be conclusive evidence of everything recited or stated therein.

"8. The production, inspection, and examination of, and the making and furnishing official or other copies of, or extracts from, all deeds, documents, court-rolls, wills, letters of administration, maps, registers, evidences or muniments of title not in the vendor's possession, and any information not in the vendor's knowledge, whether required for the completion or verification of the title or abstract, or for any other purpose, shall be procured, made, and obtained by and at the expense of the purchaser requiring the same; and such purchaser shall also bear the expense of all journeys and searches for any of the above purposes.

"9. The quantities of the estate as set forth in the particulars, are taken from the tithe commutation appointment, and shall be assumed by the vendor and purchaser as correct; and, inasmuch as it is considered that the property is sufficiently identified with the descriptions thereof in the deeds, court-rolls, and other documents of title, by a map dated about the year 1800 (an extract from which is in the possession of the vendor, and for the production of the original of which he holds a deed of covenant), the purchaser shall not be entitled to any other evidence of identity than the said map.

"10. Each lot is believed and shall be taken to be correctly described as to quantity and otherwise, and is sold subject to all fines, heriots, services, chief and other rents, rights of way and water, and other easements (if any) charged or subsisting thereon.

"11. The purchaser of each lot shall pay the remainder of his purchase-money, and the purchaser of Lot 1 shall also pay the amount of the valuation aforesaid, on the 29th day of September next, at the office of Mr. Buchanan, the vendor's solicitor, or to the vendor, or as he shall direct; and, upon such payment, the vendor and all other necessary parties (if any) will make and execute proper conveyances, surrenders, and assurances of such property to the purchasers, who shall bear all the cost and expenses of and incidental to such conveyances, surrenders, and assurances, except the costs of the perusal and execution by the vendor of the necessary deeds. "12. The rents or possession will be received or retained, and the outgoings discharged, by the vendor, up to the said 29th day of September next; and as from that date the outgoings shall be discharged, and the rents and possession taken by the purchasers, and such rents and outgoings shall (if necessary) be apportioned between the vendor and purchasers for the purpose of this condition. If from any cause whatever either purchase shall not be completed on the 29th day of September next, the purchaser shall pay interest on the remainder of his purchasemoney after the rate of 5 per cent. per annum, from that day, until the purchase shall be completed.

"13. The purchaser of Lot 1, the greater part whereof is held under the same title as Lot 2, shall be entitled, after the completion of the sale of both lots, to the custody of the muniments of title comprising the same, and shall enter into the usual covenants with the purchaser of Lot 2 for the production and furnishing copies of such muniments, such covenants to be prepared by and at the expense of the purchaser of Lot 2, if he shall require the same; and, inasmuch as the vendor has entered into a covenant with an owner of other property, held under the same title, for the production of some of the muniments of title relating to the freehold portion of Lot 1, the purchaser to whom those muniments shall be delivered as aforesaid, shall, if and as required, enter into a covenant with the vendor for the production and furnishing copies of such muniments. Every or any such last-mentioned covenants shall be prepared by and at the expense of the vendor, but shall be perused on behalf of, and executed by, the intended covenantor at his own expense. If either lot shall not be sold at this sale, the vendor will retain, until all the property shall be sold, such of the aforesaid muniments as do not relate exclusively to the lot sold; and the purchaser of the lot sold shall in the mean time be entitled, at his own expense, to the production of the muniments so retained, and to copies of them, but not to a covenant for that purpose.

"14. The purchasers shall make their objections and requisitions (if any) in respect of the title, and of all matters appearing on the abstract, particulars, or conditions, and send the same

*24]

*25]

hold.

*In due time, on the 6th of August, 1856, the said Andrew Buchanan delivered an abstract of his title to *the said Richard Poppleton, of Lot 1, part of which was freehold and part copyThe title to the freehold portion only is in question.

As to the freehold portion, it commenced with the abstract of a conveyance dated the 18th of October, 1844, of which portion of the abstract the following is a copy :

*1844. October 18th. By indenture of this date, made *26] between John Mears, of Bagshot, in the county of Surrey, gentleman, of the first part, W. F. Snell, of Milford, in the county of Southampton, esquire (eldest son and heir-at-law of Thomas Snell, deceased, and sole residuary devisee in fee named in the said will), of the second part, Jeremiah Humphreys, of Chingford, in the county of Essex, farmer, of the third part, and J. B. Gibbons, of, &c., of the fourth part, reciting that the said Thomas Snell, being at the respective times of making his will and of his decease seised in fee-simple of, or otherwise well and sufficiently entitled to (amongst other estates), the piece or parcel of land or ground, messuage, or tenement and premises in the abstracting indenture described and released, with the appurtenances, duly made and published his last will and testament in writing, bearing date the 24th of August, 1833 (executed and attested as the law then required for the devise of real estates), and thereby gave and devised his several estates situate in the parish of Chingford, in the county of Essex, to the use and intent that his wife Barbara Snell (since deceased) to the office aforesaid within twenty-one days from the day of the delivery of the abstract; and, in default of any such objections and requisitions (if none), and subject to such (if any), shall be deemed to have accepted the title, and to have waived all other objections and requisitions; and, if either purchaser shall insist on any objection or requisition as to the title or abstract, or evidence of title, particulars, conditions, conveyance, surrender, or otherwise, which the vendor shall be unable or unwilling to remove or comply with, the vendor may by notice in writing to be given to the purchaser or his solicitor at any time, and notwithstanding any negotiation or litigation in respect of such objection or requisition, annul the sale, and shall thereupon return to the purchaser his deposit, but without any interest, costs of investigating the title, or other compensation or payment whatever.

"15. If either purchaser shall fail to comply with the above conditions, his deposit shall thereupon be forfeited, and the vendor shall be at liberty to resell the property bought by such purchaser, either by public auction or private contract, at such time and place, and subject to such conditions, and in such manner, as the vendor shall think fit; and any deficiency in price which may happen on such second sale, and all expenses attending such sale, shall immediately after such sale be made good and paid to the vendor by the defaulter at this present sale; and, in case of non-payment, the whole or such part of the same deficiency and expenses as shall not be paid, shall be recoverable by the vendor, as and for liquidated damages."

“Memorandum.—I, Richard Poppleton, of, &c., do hereby acknowledge myself to be the purchaser of Lot 1 described in the within particulars, at the auction held this 1st day of August, 1856, at the sum of two thousand five hundred pounds; and I have paid five hundred pounds as a deposit and in part payment of the said purchase; and I hereby contract and agree with the vendor, for myself, my heirs, executors, administrators, and assigns, to complete the purchase of the same in every respect agreeably to the within particulars and conditions of sale. Witness my hand this 1st day of August, 1856. "RICHARD POPPLETON."

"As agent for the above-named vendor, I hereby acknowledge to have sold Lot 1 to the above-named Richard Poppleton, and to have received the deposit as specified above.

"Witness,

"S. N. DEBENHAM."

"F. G. DEBENHAM.

and her assigns, should receive thereout during her life one annual sum or yearly rent-charge of 400l. payable as therein mentioned; and, subject and charged as before mentioned, the said testator gave and devised his said real estates at Chingford, and all and singular other his real estate whatsoever and wheresoever, and whether in possession, reversion, remainder, or expectancy, and which he had any power to devise or appoint, with their appurtenances, to the use of James Scott, of, &c., the Rev. Thomas Newcome, of, &c., and the said John Mears, their executors, administrators, and assigns, for the term of one thousand years, to commence and be computed from the day of the said testator's death, without impeachment of waste, upon certain trust *therein declared,

and for raising portions and maintenance for the younger children [*27

of the said testator; and, from and after the expiration or other sooner determination of the said term of one thousand years, and in the mean time subject thereto and to the trusts thereof, to the use of his eldest son, the said W. F. Snell, his heirs and assigns, for ever; and in the said will is contained a proviso, that, notwithstanding anything thereinbefore contained, it should be lawful for the trustee or trustees for the time being of that his will, within twenty-one years from his decease, absolutely to sell and dispose of all or any part of his said real estates for the purpose of raising and paying all or any part of the moneys thereby directed to be raised under the trusts of the said term of one thousand years, if they or he should think fit, such sales to be either by private contract or public auction; and the said testator declared that the receipt or receipts in writing of the said James Scott, Thomas Newcome, and John Mears, and the survivors and survivor of them, for any sum or sums of money payable to them or him under or by virtue of the trusts of the said will should be a sufficient and effectual discharge for the same respectively, or for so much thereof as in such receipt or receipts should be expressed or acknowledged to be received, and that the person or persons to whom the same should be given, his, her, or their heirs, executors, administrators, or assigns, should not afterwards be answerable or accountable for any loss, misapplication, or non-application of the money therein mentioned and acknowledged to be received: and the said testator appointed the said James Scott, Thomas Newcome, and John Mears executors of his said will: And reciting "that the said testator departed this life in or about the month of February, 1843, without having altered or revoked his said will, otherwise than by a codicil *bearing date the 6th of July, 1840, but not affecting the devise in the abstracting indenture recited; and the said will and [*28 codicil were, on or about the 4th of April, 1843, duly proved in the Prerogative Court of Canterbury by the said John Mears alone: And reciting, that, by a deed-poll under the hands and seals of the said James. Scott and Thomas Newcome, bearing date the 27th of September, 1843, the said James Scott and Thomas Newcome absolutely and irrevocably disclaimed and renounced all and singular the trusts, &c., intended to be vested in them by virtue of the said will and codicil jointly with the said John Mears, and also disclaimed and renounced the aforesaid nomination and appointment of them the said James Scott and Thomas Newcome to be executors of the said will, to the intent that the trusts and powers might be exercised by the said John Mears alone, and that all the said estates and interests of the said executorship might be vested

in and exercised by him alone: And reciting that the said Barbara Snell, the widow of the said testator, departed this life in or about the month of February, 1843, and that, in pursuance and exercise of the power for that purpose contained in the said recited will, the said John Mears, with the privity of the said W. F. Snell, caused the said piece or parcel of land or ground, messuage or tenement, and premises in the abstracting indenture after described and released (with other hereditaments) to be put up to sale by public auction at the Auction Mart in the city of London, on the 25th of June then last, in several lots; at which said sale the said Jeremiah Humphreys attended, and, being the highest bidder for, was declared purchaser of, Lot 12 at the said sale, comprising the said piece or parcel of land or ground, messuage or tenement, and premises in the abstracting indenture comprised and released, and the inheritance *29] in fee-simple, free from all *encumbrances, at or for the price or sum of 2901. And reciting that the said W. F. Snell had, at the request of the said Jeremiah Humphreys, consented to concur in the conveyance of the said piece or parcel of land or ground, messuage or tenement, and premises in the abstracting indenture mentioned,-It was witnessed, that, in order to carry into effect the said sale and in consideration of the sum of 2901. of lawful British money to the said John Mears, as such trustee as aforesaid, in hand paid by the said Jeremiah Humphreys, at, &c., the receipt, &c., and that the same was in full for the absolute purchase of the said premises by the abstracting indenture described and released, and the fee-simple and inheritance thereof in possession, free from land-tax and all other encumbrances, and in consideration of 108. of like lawful money to the said W. F. Snell, paid by the said Jeremiah Humphreys, the receipt, &c., the said John Mears, as such acting trustee as aforesaid, and in exercise and execution of the power or authority for that purpose given, limited, or reserved to him by the said recited will of the said Thomas Snell, deceased, and of all and every other power and authority, powers and authorities, in him vested, or him thereto enabling, and also for the purpose of assigning the said term of one thousand years to merge in the freehold and inheritance of the said premises, did (by abstracting indenture made in pursuance of the 4 & 5 Vict. c. 21) bargain, sell, release, and convey, and also surrender and yield up, and the said W. F. Snell (as such heir-at-law and devisee as aforesaid, and by way of conveyance and confirmation only, and not of covenant or warranty) did bargain, sell, alien and release, ratify and confirm unto the said Jeremiah Humphreys, his heirs and assigns, all that piece or parcel of land or ground containing half an acre and one perch (more or less), situate and being near a certain house called *30] or known by the *name or sign of the King's Head public-house, at Chingford Green, in the parish of Chingford, in the county of Essex, abutting, &c., together with the messuage or tenement, stable, coach-house, two cottages, and all other erections and buildings thereon, as the same were then lately held under a lease thereof granted to one John Marshall, dated the 9th of September, 1782, for the term of sixtyone years, and which lease had recently expired, and all and singular the rights, members, and appurtenances to the said piece or parcel of land or ground, messuage or tenement, and other the premises by the abstracting indenture released, or intended so to be, belonging, or in any wise appertaining, or to or with the same, or any part thereof, then