CHAP. V. OF MORTGAGES. 2. Of mortgages in fee, and of the transfer thereof. 1. Of the assignment of long leaseholds on a sale of them. 205 THE CONVEYANCER'S MANUAL. CHAPTER I. OF DEEDS. 1. Of the parties. 2. Of the language and order of the recitals. 4. Of the declarations. 5. Of the covenants. 6. Of the execution and attestation of deeds. SECTION I. Of the Parties. EVERY person who gives or receives, by his own Who should be contract, any interest under a deed, must be a party. An estate in remainder may be given to a person who is not a party, but if it be intended that he should be bound by the deed, he must join. It frequently happens that persons join in a deed, who neither grant nor receive any interest by it, merely for the purpose of recording their concurrence, and so preserving the most effectual evidence of their having notice of its contents; as, for example, where the mortgagor is made a party on a simple transfer of the B parties. CHAP. I. Description of parties. mortgage, a first mortgagee on a mortgage to another person, the commissioners in a mortgage by particular tenant of lands under an Inclosure Act for the purpose of paying expenses, &c. &c. Where several persons claim under the same title, they should be classed together, and constitute one party. Where the same person sustains different characters, he should be made a party in as many parts as he sustains characters. For instance, in a marriage settlement, an individual may be executor to one person, heir-at-law to another person, and one of the parties to the marriage contract, and should therefore appear on the deed in three parts. So a person may have a separate interest as to one part of the transaction, and a joint interest as to another, and should therefore be in two parts. The parties should be described by their christian and surnames, their residence, and their rank, profession or title: Sometimes it may be convenient, for the purpose of saving expense, to state shortly the character in which the parties appear on the deed. It is necessary to mention the character which a person sustains where he joins in several parts, as for example-" This indenture, "made &c., between A. B &c. of &c., (trustees of "a term of 500 years, created of and in, among other "hereditaments, the annual sum, fee-farm rent or yearly "rent-charge of £300 hereinafter particularly described "in and by the codicil to the last will and testament of “[testator], late of &c., esq. hereinafter recited, and also "executors of the same will, of the first part, C. D of "&c., esq., eldest son and heir-at-law of the said [testator], testator of the second part; E. F [husband of daughter] of &c., esq., and [Mary] his wife (late "spinster) one of the daughters and younger children of 66 |