RECOVE RIES. FINES AND and estates, hereinbefore declared or limited to or to the use or behoof of all and every or any the By an Infant. daughters of the several bodies of the said (father) and (intended husband) respectively, lawfully to be begotten, and the heirs of their respective bodies lawfully issuing, and all or any the uses or estates, hereinbefore limited or expressed, after and subsequent to the failure of sons of the said (intended husband) by any woman or women other than the said (intended wife) and of the issue male of such sons; and by the same deed or deeds, or will, or any other deed or deeds, to be by him executed in the presence of three or more witnesses, to limit any new or other use or uses, estate or estates of or in all or any such manors, lands, and premises, wherein any such use or uses, or estate or estates, shall be revoked, as aforesaid, in the lieu and stead of such use or uses, and estate or estates so revoked, and to take place and effect, after failure of such sons as are last mentioned, and their issue male, as aforesaid, any thing hereinbefore mentioned to the contrary thereof in anywise notwithstanding. IN WITNESS, &c. A fer a kecovery. No. XXXV. Covenant that a Son as soon as he shall attain Twenty-one, shall join with his Mother in suffering a Recovery. AND THIS INDENTURE FURTHER WITNESSETH, Covenant to suf- that in pursuance of the said recited proposal, and for the considerations aforesaid, they the said A. B. and C. D. for themselves, jointly and severally, and for their and each of their heirs, executors, and administrators, do and each of them RECOVE- son Covenant to suf age A. B. soon fer a Recovery. doth hereby covenant, promise, and agree to and FINES AND with the said G. H. his heirs, executors, and administrators, that when and so soon as any of the body of the said A. B. shall attain his of twenty one years, in case she the said shall be then living, such son shall as possibly practicable after his so attaining his said age of twenty-one years, join and concur with the said A. B. in suffering a good and perfect common recovery in his Majesty's Court of Common Pleas at Westminster, according to the course and order of common recoveries for assurances of lands in such cases used, of and concerning the said, &c. with the appurtenances, and thereby or by other good and effectual ways or means, bar the entails and all reversions or remainders thereupon expectant and depending, and shall and will thereupon with all practicable dispatch, join and concur with the said A. B. in good and effectual conveyances and assurances in the law of the same, &c. and of the fee simple and inheritance thereof, unto and to the use of the said E. F. and his heirs, absolutely dis charged of and from all incumbrances, particularly the aforesaid proviso, and all other provisoes and agreements for redemption of the same premises, and all equity thereupon, as by the said G. H. his heirs and assigns, his, their, or any of their counsel in the law shall in that behalf be reasonably and lawfully devised or advised and required. IN WITNESS, &c. T FINES AND Sale inrolled to make Tenant lo the Præcipe. No. XXXVI. Bargain and Introduction to the Uses of a Recovery, with treble Vouchers for barring Estates tail, and barring and extinguishing a Rent Charge limited to a Feme as part of her Jointure. Parties. limited to jointure to be THIS INDENTURE, made, &c. BETWEEN (husband and wife) of the first part; (the eldest son and heir apparent of the said husband and wife) of the second part; (tenant to the præcipe) of the third part; and (demandant) of the fourth part. Consideration. WITNESSETH, that for barring all estates tail and reversions or remainders expectant thereon, of and in the said manors, &c. hereinafter mentioned, and for barring and extinguishing the annuity or yearly rent charge of the said (wife) for part of her issuing out of the said manors, lands, and premises, and made payable to her during her natural life, and in consideration of the sum of five shillings of lawful money of, &c. to each of them the said (father, mother, and son) in hand well and truly paid by the said (tenant) at or before the sealing and delivering these presents, the Conveyance. receipt whereof is hereby acknowledged, THEY the said (father, mother, and son) HAVE, and each and every of them HATH (1) granted, bar (1) Many persons object to their clients conveying by the word "grunt," particularly in a bargain and sale enrolled; but I apprehend the word grant hath no greater or other signification in a bargain and sale enrolled than it has in a lease and release. In general, I apprehend the word "grant" amounts to an implied warranty only where an estate for years or other chattel interest passes; but even in that case, if there be RECOVE gained, and sold, and by these presents Do, and FINES AND each and every of them DoтH grant, bargain, and sell unto the said (tenant) his heirs and assigns, Bargain and AIL, &c. (here describe the parcels.) AND the Sale inrolled to reversion and reversions, remainder and remain- the Præupe. ders, rents, issues, and yearly and other profits of make Tenant to tenant in fee, all and singular the said premises, and every or Parcels. any part or parcel thereof, and all the estate right, title, interest, use, trust, property, posseysion, claim, and demand whatsoever of them the said (father, mother, and son) and of each and every of them, of, in, and to the same premises, every or any part or parcel thereof; TO HAVE Habendum to AND TO HOLD all and singular the said manors, messuages, lands, tenements, hereditaments, and premises hereinbefore granted, bargained, and sold, or mentioned or intended so to be, with their and every of their appurtenances, unto and to the use of the said (tenant) his heirs and assigns, to the intent and purpose to make the said for the purpose (tenant) perfect tenant of the freehold of the said recovery with of suffering a manors, lands, tenements, hereditaments, and premises mentioned and intended to be hereby bargained and sold, against whom a perfect common recovery with treble voucher shall and may before the end of this present term, be thereof had and obtained by the said (demandant) as plaintiff or demandant, upon a writ of entry, sur an express covenant by the grantor, such implied warranty will be restrained by the express covenant, and extend no further, 4 Co. 18.; but when a freehold or inheritance passes, I conceive the word grant doth not import any warranty. See Spencer's case, 5 Co. 8. at the end of the case, Co. Litt. 384. Freeman's Rep. 414. treble voucher. RECOVE FINES AND Disseisin en le post, in his Majesty's Court of Common Pleas at Westminster, wherein the said RIES. Bargain and (tenant) shall vouch to warranty the said (husband Sale inrolled to and wife), who shall vouch over the said (son), make Tenant to the Pracipe. who shall vouch over the common vouchee of the said court, after the manner and course of common recoveries, with treble voucher in such cases used. AND IT IS HEREBY DECLARED by and between the said parties to these presents, that the said common recovery so to be had and suffered as aforesaid, from and after the perfecting thereof, and all and every other recovery and recoveries, fine and fines, conveyances and assurances in the law whatsoever already had or to be had, made, done, acknowledged, levied, suffered, ! and executed of the said manors, lands, hereditaments, and premises, or any of them, or any part thereof, alone or together with any other messuages, lands, tenements, or hereditaments, by or between the same parties to these presents, or any of them, or whereto they or any of them are or is, or may be party or parties, shall be and enure, and shall be adjudged, deemed, construed, and taken to be and enure, TO AND FOR THE USE AND BEHOOF of the said (father and son) and the heirs and assigns of the said (father) for ever; nevertheless as to the estate and interest of the said (son) of and in the said premises, IN TRUST for the use and benefit of the said (father) his heirs and assigns. IN WITNESS, &c. |