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that they will warrant (1), to the aforesaid John MORTGAGES and his heirs (2), the aforesaid messuages, &c. Fine. with the appurtenances, against him the said (Wife's Estate). Thomas and Mary, and the heirs of the said Mary, for ever (3). AND for this acknowledgment,

(1) If other persons be mortgagors, say,

"For themselves and the heirs of the said Thomas," (one

of the mortgagors.)

Several mort

gagors.

(2) If there are several mortgagors, repeat this warranty for Several morteach of them and his heirs; and if each mortgagor warrant only gagors.

a particular portion of the lands, &c. say,

"And moreover the said (one of the mortgagors) hath granted for himself and his heirs, that he will warrant two messuages, &c. &c. with the appurtenances, parcel of the aforesaid messuages, &c. in A."

And so for the rest.

If the fine be to two or more mortgagees, say,

"To the aforesaid John and Thomas, and the heirs of the said John," (one of the mortgagees.)

Several mort

gagees.

(3) If the fine be sur concesserunt for a term of years, say,

Demise.

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Against him the said Thomas and his heirs (or them, the said Thomas and Mary, and the heirs of the said Mary) during the term aforesaid."

Or, if by other mortgagors,

Several mort

"Against them the said Thomas and Richard, and the gagors.

heirs of the said Thomas."

Or the warranty may, in either case, if there should be occasion, be made to extend to the father, grandfather, or other ancestor of the mortgagor, as,

"Against the heirs of the said A. the father of the said Extension of Thomas, and the heirs of B. the grandfather of the said warranty. Thomas, and all others claiming by or from the said A. and

B. or either of them."

MORTGAGES remise, quit claim, warranty, fine, and agreement,

Fine.

the said John hath given to the said Thomas and

(Wife's Estate). Mary £

sterling (1).

TAKEN and acknowledged, &c. (2).

General warranty.

Acknowledg

ment.

If the vendor agree to give a general warranty, say, "Against all men," instead of " against the said Thomas and his heirs."

(1) See ante, Vol. II. p. 51, n. (1).

(2) To guard against the consequence of the death or refusal of the wife, the fine should be acknowledged, and the king's silver paid before the advance of the money by the inortgagee.

**See forms of other species of fines adapted to estates less than of inheritance. WILDE'S SUP. voce, FINE.

II.-Deed declaring the Uses (1) of the preceding

Fine.

Variations as before (2).

MORTGAGES

Fine. (Wife's Estate).

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tract.

of the other part. WHEREAS the said (mortgagee) Recital of conhas agreed with the said (mortgagor) for the loan to him of the sum of £ to be secured by the bond of the said (mortgagor) and a mortgage in fee [or by demise] of the lands and hereditaments hereinafter described (being the inheritance of the said Mary his wife), in the manner hereinafter mentioned. AND in pursuance of the said agreement the said (mortgagor) hath accordingly exe

(1) This declaration of uses, when it respects a fine already Declaration of levied, must be by deed (and it seems proper that the deed uses. should be an indenture); but if it respect a fine to be afterwards levied, the uses may be directed by any writing for that purpose; it is however considered prudent to declare the uses by indenture: see the volume and page last referred to; and see of the uses of a fine, ante, Vol. II. p. 17, n. (2).

(2) See also notes, &c. to Vol. II. p. 52, et seq.

Notes, &c.

Fine.

MORTGAGES cuted a bond or obligation in writing bearing even date herewith, conditioned to be void, on repayand interest at the time and in the manner therein and hereinbefore expressed; and the said (mortgagor) and Mary his wife have also, in due form of law, acknowledged and levied before His Majesty's Justices of the Court of Common Pleas at Westminster, unto the said (mortgagee) and his heirs, as of term now last past, a fine, sur conusance de droit come ceo, &c. with warranty and with proclamations (1) to be thereupon had, according to the form of the statute in that case made and provided, and the common course of fines in such cases accustomed, by the name of ALL, &c. Now THIS INDENTURE WITNESSETH, that for and in consideration of the sum of £ of lawful and current money of that part of the United Kingdom of Great Britain and Ireland called England to the said (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 and every part thereof doth fully and absolutely acquit, release, exonerate, and for ever discharge the said (mortgagee) his

(Wife's Estate). ment of the said sum of £

WITNESS, Declaration of uses to mort

gagee in fee.

(1) If the mortgage be for a term of years only, and a fine sur concessit be levied, say,

"A fine sur concesserunt," (or sur concessit, if only one cognizor.)

Fine.

heirs, executors, administrators, and assigns, and MORTGAGES also the said messuages, lands, and hereditaments, by these presents, and by the receipt or acknow- (Wife's Estate.) ledgment for the same sum hereupon indorsed] THEY, the said (mortgagor) and Mary his wife, HAVE, and each of them HATH, granted, declared, and agreed, and by these presents Do and DOTH grant, declare, and agree with and to the said (mortgagee) his heirs and assigns, that as well the said fine so as aforesaid, or in any other manner, or at any other time or times had and levied of the said hereditaments and premises, [as also all and other fine and fines, and other conveyevery ances and assurances in the law whatsoever, at any time or times heretofore had, made, levied, or executed, or which shall or may at any time or times hereafter be had, made, levied, or executed thereof, or of any part thereof, either alone or together with other hereditaments or property, by or between the parties to these presents, or either of them, or whereunto they, or either of them, were, or was, or shall or may be parties or privies, or party or privy,] shall, from and after the levying and perfecting thereof, be construed, adjudged, and taken to be and enure, that all and every such of them as shall have been so already levied or executed, were, at the time of the levying and executing thereof respectively, meant and intended to be and enure, and that the cognizee or cognizees, grantee or grantees, in the same or other such fine or fines, or other assurance or assurances, as aforesaid, named or to be named, or

VOL. V.

Q Q

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