No. XI.

Mortgage in Fee of a Moiety (1) or other undivided Part of Freehold Premises.

Variations where such Moiety, &c. is holden in Jointtenancy, in Coparcenary, or in Common.

Also where a Co-tenant is the Mortgagee.

Where the Mortgage is by Demise.

Where Part of the Premises are Copyhold, &c. &c. as below (2).

THIS INDENTURE, of day of

parts, made the

[* in the

year of the

MORTGAGES

Undivided Moiety, &c.

(1) As to the mode of conveying an undivided moiety of an estate, see ante, Vol. I. No. XXVI. p. 382, n. (1).

(2) If the wife of the mortgagor have a title to dower out of Wife.
the portion of the land to be conveyed, which she may if the
mortgagor be tenant in common or coparcenary with his com-
panion, but not if he be a joint-tenant, make her a party, as
post, No. XXI.

If the mortgagor be tenant in tail, see ante, No. VII.
If tenant for life, ante, No. VIII.

If he be entitled in reversion, ante, No. IX.

If of an equity of redemption only, see ante, No. X.

Tenant in tail.
Tenant for life.
Reversion.

Equity of re-
demption.

* The lines within brackets may be omitted throughout the Brevity.

precedent, if brevity be particularly desired.

MORTGAGES reign, &c. and] in the year of our Lord

BETWEEN (the mortgagor) of, &c.

Undivided

Moiety, &c.

one part, and (the mortgagee) of, &c.

Parties. Recitals.

in consideration

of the money

lent,

of the

of the

other part. WHEREAS, &c. (1). AND WHEREAS
the said (mortgagor) having occasion for the sum
of £
has agreed with the said (mortgagee)
for the loan to him thereof (2) at interest to be
secured by the bond of the said (mortgagor), and
such conveyance and assurance of the said undi-
vided part of him the said (mortgagor) in the said
lands and hereditaments as hereinafter is ex-
pressed. AND WHEREAS the said (mortgagor) in
part performance of the said agreement, hath
by his bond or obligation in writing, bearing
even date herewith, become bound to the said
(mortgagee) in the penal sum of £

with a condition thereunder written for making void the same on payment of the said sum with interest after the rate of £5 per cent. per annum, at the time and in the manner therein and here

WITNESS, that inafter also mentioned. Now THIS INDENTURE WITNESSETH, that in further pursuance and execution of the said agreement, and in consideration of the sum of £ of lawful money of that part of the United Kingdom of Great

Recitals.

Loan of stock.

(1) Recite here the deed or will under which the mortgagor became entitled.

(2) If the loan be of money in the funds, or other than money paid down, see ante, No. IV. p. 65, n. (3), and n. (1), &c.

Undivided Moiety, &c.

Britain and Ireland called England, to the said MORTGAGES (mortgagor) in hand well and truly paid by the said (mortgagee) at or immediately before the sealing and delivery of these presents, the receipt whereof the said (mortgagor) doth hereby acknowledge, [and of and from the same doth fully and absolutely acquit, release, exonerate, and discharge the said (mortgagee) his heirs, executors, administrators, and assigns, by these presents (1), and which said sum of £ is the same sum

grants and re

of £ as is mentioned in the condition of the said hereinbefore in part recited bond.] HE The mortgagor the said (mortgagor) HATH granted, bargained, leases, &c. sold, aliened, and released (2), and by these presents DOTH grant, bargain, sell, alien, release, and confirm unto the said (mortgagee) and his heirs, ALL that one full and undivided moiety, or half part, (the whole into two equal parts being considered as divided,) or as the case may be, of and in ALL (3), &c. or howsoever otherwise the said Parcels. messuages, lands, tenements, and hereditaments, or any of them, now are, or is, or heretofore were or was situated, tenanted, called, known,

(1) If the release be intended to be accompanied by a bargain Bargain and and sale to be enrolled, (which will be proper if the title deeds sale enrolled. are in the hands of the co-tenant of the mortgagor), see ante,

No. IV. p. 67, notes.

(2) If the mortgage be by demise, see ante, No. V.

(3) Here describe the subject of the conveyance by its pre- Parcels.

sent and ancient name, situation, tenancy, &c. see ante, No.

III. p. 33, n. (2).

Undivided Moiety, &c.

tenances.

MORTGAGES described, or distinguished; [and also of and in all other the messuages, lands, tenements, and hereditaments (if any), which are comprised in a certain indenture of bargain and sale for a year hereinafter referred to as bearing date the day General appur next before the date hereof (1),] and of and in [all houses (2), out-houses, buildings, barns, stables, coach-houses, dove-houses, yards, cellars, vaults, areas, ways, paths, passages, gardens, orchards, ponds, waters, land covered with water, watercourses, timber and other trees, woods, underwoods, and the ground and soil thereof, mines, quarries, rights and privileges of common of every kind, and of and in all and] all [other] rights, privileges, easements, advantages, appendances, and appurtenances whatsoever, to the said messuages, lands, tenements, hereditaments, and premises, or any part thereof, respectively belonging, or in any wise appertaining, or reputed or deemed so to be, or with the same now or heretofore holden, used, occupied, or enjoyed, except, &c. (exception, if any). (ALL sale for a year. which said moiety or half part of and in the said messuages, lands, tenements, and hereditaments, is now in the actual possession (3) of or legally vested in the said (mortgagee) by virtue of a bar

Reference to the bargain and

Demise.

General words.

Remainder, &c.

(1) If the mortgage be by demise, the words within these brackets should be omitted.

(2) See general words applicable to different kinds of real property, INDEX, voce General Words.

(3) If the mortgage be of a remainder, &c. see ante, No. IX.

Undivided

gain and sale to him thereof made by the said MORTGAGES (mortgagor) for five shillings consideration, by indenture (1) bearing date on the day next before, Moiety, &c. and executed previously to the sealing and delivery of these presents, for the term of one year, commencing from the day next preceding the day of the date of the same indenture; and by force of the statute made for transferring uses into possession), and of and in the reversion and reversions, remainder and remainders, of and in the said hereditaments and premises, and every of them respectively; and of and in the rents, issues, profits, and proceeds thereof. AND all the estate, right, title, interest, use, trust, property, possession, possibility, claim, and demand whatsoever, both at law and in equity of him the said (mortgagor) in, to, out of, upon, or respecting the said undivided moiety, hereditaments and premises, or any part thereof. Together with all Grant of title deeds, muniments, writings, and evidences whatsoever, which in any wise relate to the same undivided moiety, or other part, or to the entirety of the same moiety and premises, or any part

deeds.

Lease for a

year.
Co-tenant the

(1) See the form of this bargain and sale, ante, p. 26. If the land be holden by the mortgagor in joint-tenancy or coparcenary, and his or her co-tenant be the mortgagee, the con- mortgagee. veyance may be by release alone, without any bargain and sale for a year, in which case the reference to that assurance must of course be omitted; but, otherwise, if the parties be tenants in

common.

If the mortgage be by demise, this reference to the bargain Demise. and sale for a year must also be omitted.

VOL. V.

T