aforesaid, or if any or either of the covenants or conditions herein before contained on the part of the said C D, his heirs, executors, administrators and assigns, to be performed, fulfilled and kept, shall not be performed, fulfilled and kept, or shall be broken-then, and in each and every such case, and from thenceforth and at all times thereafter, it shall be lawful to and for the said A B, his heirs and assigns or any of them, into the whole of the said lands and tenements or any part thereof, in the name of the whole to re-enter, and the same as his and their former estate to have again, re possess and enjoy ; and the said C D, his heirs, executors, administrators and assigns, and all others, thereout, and from thence utterly to expel, put out and amove; and upon such re-entry, this indenture and the estate hereby created shall be utterly void, any thing herein contained, to the contrary thereof in any wise notwithstanding. In witness, &c.

MORTGAGES.

PRACTICAL REMARKS.

Every contract for securing money by a conveyance of a real estate to the lender, is deemed in equity, a mortgage; and the borrower will be entitled to redeem his property, although the conveyance is on the face of it absolute.

All persons who have an estate in lands or other real property, may mortgage the same to the extent of their interest, if they are not under a legal disability; as infancy, or coverture in a woman.

When the mortgage becomes forfeited, the mortgagee may take possession of the lands, unless there is a lease existing which was made prior to the mortgage, and then he is entitled to receive the rents.

A mortgage on real property, in order to be protected against a subsequent mortgage or conveyance, must be registered in the Clerk's office of the county where the estate lies.

And it may be discharged of record, by producing to the clerk a certificate in writing, duly proved, signed by the mortgagee, his executors, administrators or assigns, in the presence of two witnesses.

A mortgage in this state may contain a power to sell, and if it does the mortgagee by a sale, and without the aid of any court, may destroy the right to redeem in the mortgagor, and all claiming under him.

Such sale, however, will not prejudice a judgment or a mortgage prior to the sale.

The sale must be at public auction, on a notice of six months the notice must be fixed upon the outward door of the county court house, and must be published once a week for the six months in a newspaper printed in the county, if there is one, and if not, then in the county nearest to the lands in which there is a newspaper.

The power to sell is not good if given by a mortgagor under twenty five : and it must be recorded at full length before the conveyance under it is given.

A mortgage for the purchase money made at the time of the conveyance, takes preference to any previous judg

ment.

A Mortgage of Lands with a power of sale.

TH

day of

in the

HIS indenture, made the year between A B, of &c. of the first part, and C D, of &c. of the second part, witnesseth, that the said party of the first part, for and in consideration of the sum of to him in hand paid, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, released, enfeoffed and confirmed; and by these presents doth grant, bargain, sell, release, enfeoff and confirm unto the said party of the second part, and to his heirs and assigns forever, all, &c. To have and to hold, the above bargained premises, to the said party of the second part, his heirs and assigns, to the sole and only proper use, benefit and behoof of the said party of the second part, his heirs and assigns forever. Provided always, and these presents are upon this express condition, that if the said party of the first part, pay to the said party of the second part, the just and full sum of on or before the day of which will be in the year

with

lawful interest annually until paid according to the condition of a certain bond or writing obligatory, bearing even date herewith, executed by the said party of the first part, to the said party of the second part, then these presents, and the said bond or writing obligatory, shall cease, determine and be null and void: But, in case of the non-payment of the said sum or any part thereof, or the interest aforesaid or any part thereof, so to become due, at the time or times above limited for the payment thereof, then in every such case, it shall and may be lawful for the said party of the second part, his heirs, executors, administrators or assigns, and the said party of the first part, doth hereby empower and authorise the said party of the second part, his heirs, executors, administrators and assigns, to grant, bargain and sell, the said premises, or any part or parcel thereof, with the appur. tenances, at public vendue, and on such sale to make and execute to the purchaser or purchasers, his, her or their heirs and assigns forever, good, ample and sufficient deeds of conveyance in the law, pursuant to the statute in such case made and provided-rendering the overplus monies (if any there be) to the said party of the first part, his heirs, executors or administrators, after deducting the costs and charges of such vendue and sale as aforesaid. In witness, &c.

Mortgage to a person who has become surety. TH

HIS Indenture made this -day of — in the year between I M, of, &c. of the one part, and F S of, &c. of the other part, Whereas the said F S, at the special instance and request of him the said I M, hath become bound together with him the said I M unto A B of, &c. by one bond or obligation bearing even date with these presents, in the penal sum of conditioned for

the payment of on &c. which same monies being the proper debt of him the said I M, and the said F S in the said recited bond being only as security for the said I M, and at his request as aforesaid, he the said I M to countersecure him the said F S against the same, hath agreed to convey and grant the dwelling house and lot of ground hereinafter mentioned, to him, the said F S, his heirs and assigns forever, in manner and form hereinafter express

ed: Now this indenture witnesseth, that the said I M for and in consideration of the premises, and also for and in consideration of the sum of one dollar to him in hand paid by the said F S at and before the ensealing and delivery hereof the receipt whereof is hereby acknowledged, he the said I M hath granted, bargained, sold, aliened, remised, released and confirmed, and by these presents doth grant, bargain, sell, remise, release and confirm unto the said FS, and to his heirs and assigns forever, all that, &c. (here take in the bounds) and all the hereditaments and appurtenances to the same of right appertain ing, or therewithal now or at any time heretofore used, possessed, held or enjoyed, or accepted, reputed, deemed, taken or known to be part, parcel or member thereof, or of any part thereof, and the reversion and reversions, remainder and remainders thereof, and also all the estate, right, title, interest, property, prossion, claim and demand whatsoever of him the said I M, of, in and to the same or any part or parcel thereof; To have and to hold the said dwelling house, lot of ground and premises with the appurtenances unto the said F S, his heirs and assigns to the only proper use and behoof of the said F S, his heirs. and assigns forever.

Provided always and this present grant is upon this condition, that if the said I M, his heirs, executors or administrators shall well and truly pay or cause to be paid unto the above named A B, the said sum of with the interest on, &c. according to the condition and in full discharge and satisfaction of the before recited obligation, and also from time to time and at all times hereafter, shall and do well and sufficiently save harmless and keep indem. nified the aforesaid FS, his heirs, executors and administrators, and every of them, and their and each and every of their goods and chattels, lands and tenements of and from all and all manner of actions, suits, troubles, charges, judgments,executions, damages and demands whatsoever, that shall or may at any time hereafter accrue or happen unto, or arise or be brought, or prosecuted against the said F S, his heirs, executors or administrators and any or either of them upon the before recited bond or obliga tion, or of, for or by reason of his the said F S becoming bound in the said bond, that then and from thenceforth this present indenture and every article, covenant, clause and M. 2..

condition in the same contained, and the estate hereby granted shall cease, determine and be utterly void, and of none effect, any thing herein to the contrary thereof in any wise notwithstanding.

And the said I M, for himself, his heirs, executors and administrators and every of them, doth covenant, promise, grant and agree to and with the said F S, his heirs, executors, administrators and assigns, and every of them by these presents, that he the said I M, his heirs, executors or administrators shall and will well and truly pay or cause to be paid unto the said A B the aforesaid sum of with the interest thereof, on, &c. according to the form and effect of the condition and in full discharge and satisfaction of the above recited bond or obligation; And also that he the said I M, his heirs, executors and administrators from time to time and at all times forever hereafter, shall and will save harmless and keep indemnified the said F S, his heirs, executors and administrators and each and every of them against the said A B, his executors and administrators and every of them, and all other persons of and from the before recited bond or obligation so entered into as aforesaid, and of and from all and all manner of actions, suits, troubles, charges, judgments, executions, damages and demands whatsoever, that shall or may at any time hereafter accrue or happen unto, or arise, or be brought or prosecuted against him the said F S, his heirs, executors or administrators, and any or either of them, or against their or either of their goods and chattels, lands and tenements, for or by reason of the said F S becoming bound in the said bond as aforesaid, according to the form and effect of the proviso aforesaid.

And the said I M, for himself, his heirs, executors and administrators doth further covenant, promise, grant and agree to and with the said F S, his heirs and assigns and to and with every of them by these presents, that he the said I M at the time of the ensealing and delivery of these presents is the true, lawful and rightful owner and proprietor of the said dwelling house and lot of ground and premises before mentioned, with the appurtenances, and every part and parcel thereof, of a good, sure, perfect, absolute and indefeasible estate of inheritance in fee simple, without any manner of condition, reservation, limitation of any use or uses or other matter, cause or thing whate