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Conveyance of Freeholds.

Assignees to make a good title.

Sales by . auction.

Assignees
not to be
buyers.

Bankrupt
to join in
conveyance.

Recital of seisin.

or chose in action which has not been reduced into possession during the husband's life. Milford v. Mitford, 9 Ves. 87. The right of nomination to a vacant ecclesiastical benefice is excepted, by the 6 G. IV. c. 16, s. 77, from the several powers and rights which pass to the assignees; and the wife's necessary apparel is excepted, by s. 112, from the effects which pass to the assignee. By the 3 & 4 W. IV. c. 74, s. 67, the assignees are empowered to receive and recover the rents of all the bankrupt's copy!iold lands, until they are disposed of by the commissioner; hut they can receive or recover the rents of such only of the bankrupt's freehold estates as the commissioner may have power to dispose of after the bankrupt's decease.

2. It is now held, that assignees contracting to sell, are bound like other vendors to make a good title; While v. Foljambe, 11 Ves. 343, but they may stipulate to sell only such title as they bave; Macdonald v. Hamou, 12 Ves. 277.

3. The estates of bankrupts are usually sold by auction; but assignees are not prohibited from selling by private contract, if it be for the benefit of the creditors; Ex Parte Dunman, 2 Rose, 66.

4. No assignee, either personally or through an agent, can become the purchaser of the bankrupt's estate, without the consent of the creditors; Ex Parte Bennett, 10 Ves. 395. Ex Parte Bage, 4 Madd. 459.

5. By the 6 G. IV. c. 16, s.78, the Lord Chancellor may order a bankrupt to be a party, and if he refuse, he is stopped from objecting to the sale, unless he mean to dispute the validity of the fiat or commission.

6. As to the enrolment of the certificate of the appointment of assignees, see Href. § 3 ; and of the deed of conveyance by the commissioner, see Pref. § 5.

This Indre made, &c. (a) Betn (official assignee) the official assignee of the estate and effects of (bankrupt) of, &c. a bankrupt of the first pt (general assignees) assignees of the estate and effects of the sd (bankrupt) of the second pt the sd (bankrupt) of the third pt and (purchaser) of, &c. of the fourth pt (b) Whas under and by virtue of the last will and testament of A B late of, &c. deceased bearing date the, &c. the sd (B) is seised to him and his hrs of an estate of inheritance in posson in fee simple free from incumbs And whas a fiat in

(a) Where the bankrupt is tenant in tail, and the commissioner must be a party, (see Pref. § 3) say, ' Betu (commiuioner) Esq. the commissioner of his Maj. Ct of Bankruptcy acting under a fiat of bankruptcy issued against (bankrupt) of, &c. of the first pt (official assignee) of, &c. the official assignee of the estate and effects of the sd (B) of the second pt [general assignees) of, &c. assignees of the estate and effects of the sd I B) of the third pt the sd (/?) of the fourth pt and (purchaser) of, &c. of the fifth pt.'

If there be a protector, who gives his consent by the same deed, he should be a party of the second part. See Fines Of Recoveries, and 3 and 4 W. IV. c. 74, Appendix.

(4) Where the bankrupt is tenant in tail, then recite, ' Whas A B late of, &c. deed by his last will and testmt in writing duly exted and attested for the devise of estates of inheritance and bearing date on or about the, &c. did give and devise all his messes or tents lds and heredts unto the sd (U) and the hrs male of his body lfully begotten.'

bankruptcy hearing date on or about the day of Conveywas issued agst the sd (B) and he was thereon ance of adjudged a bankrupt And whas the sd (O A) has been Freeholds. appted by (a) (commissioner) Esq the commissioner of his Maj. Ct of Bankruptcy acting under the sd fiat to be the official assignee of the este and effects of the sd (B) and to act with the assignee or assignees to be chosen by the creditors of the sd (B) And whas pur- Sale. suant to an advertisement in the London Gazette for that purpe inserted the sd (G A) were chosen by the major part in value of the creditors of the sd (B) And whas the sd (OA) have caused the messes or tents lds and heredts hnaftr described to be put up to sale by public auction pursuant to notice in the London Gazette and the printed parlars of sale in three lots on the day of last at which sale the sd (P) was deck! to be the highest bidder of the preses comprised in lot marked No. 1. in the sd printed parlar at the sum of £ — and thereupon pd into the hands of the auctioneer the sum of £— by way of deposit And whas the sd (B) (b) at the request of the sd (A) agrd to join in the conveyance of the sd heredts (c) A'oio this Indre Testatum. witnesseth That for the pur|« of carrying the sd recited sale into effect and for and in conson of the sum of £ — of lful, &c. so pd at the time of the sd sale and the furr sum of £ — in hand well and truly pd to the sd (OA) by the sd (P) at or before the sealing and delivery of these prests in full for the absolute purchase of the sd messes or tents lds and heredts hnaftr described and intended to be hby granted and reld the rect whereof he the sd (O A) (d) and also the sd (G A) and (B) do and each of them doth hby acknge and of and from the same and evy pt thof do and each of them doth acquit rele and discharge the sd (P) his hrs exs ads and ass and evy of them for ever by these prests And also in conson of the sum of 5s. of like, &c. by the sd (P) in hand pd to each (e) of them the sd ( G A) and (B) at the same time the sevl rects whereof are hby acknged. (/) They the sd (A) with

(a) Where the commissioner is a party, sav, ' by the sd (commissioner.)'

(4) If thtre he a protector, in the case of bankrupt tenant in tail, his consent ought to be recited here. As to the form, see Mortgage and Heleasc.

(c) As to the bankrupt's joining, sec Obs. 6.

(rf) Or, ' also the sd (C) (B) and [G A) do, &c.'

(f) Or, 'each of them the sd (C) (B) and (G A)'

(f) Or, 'He the sd Commissioner) in further pursuance and exon of the sd fiat and by virtue and in exercise of the powers and aulhtics given to him by the sevl statutes now in force concerning bankrupts parlarly an Act of Parlt passed in the fourth yr of the U

Convey- the privity and consent of the sd (B) testified by his avce of being a pty to and signing and sealing these prests

Freeholds. Have and each of them Hath so far and in such manner as they lfully can and may bargained sold aliened and reled and by these prests Do and each of them Doth bargain sell alien and rele and the sd (B) Hath granted bargained sold aliened released and confirmed and by these prests Doth grant bargain sell alien rele and confirm unto the sd (P) (in his actual posson, &c. see Release) and his hrs All those, &c. And the revn, &c. And all the este, &c. of (a) the sd (A) and (B) and each and evy of them in to and out of the

Habendum. sd messes, &c. To Have and to Hold the sd messes or tents lds and heredts and all and singr or. the preses hby granted and reld or orwise assured or intended so to be with their and evy of their apts unto and to the use of the sd (P) his hrs and ass for ever (6) And (c) the sd (OA) and (G A) for themselves sevlly and resply and for their sevl and respive hrs exs and ads and not the one for the or. of them or the hrs exs or ads or the acts deeds and defts of the or. of them but each of them for himself only and his own hrs exs and ads and his and their own acts deeds and defts only do covt promise and agree with and to the sd (P) his hrs exs ads and ass that they (d) the sd (0 A) and (G A) have not nor hath either of them at any time heretofore made done committed exted or knowingly or willingly permitted or suffered or been } arty or privy or parties or privies to any act matter or thing whatsr whby or by reason or means whereof the sd messes or tents lds heredts and preses hnbefe granted or released or any of them or any pt thereof is are can or may be impeached charged incumbered or prejudicially affected in any wise howsr And the sd (B) doth hby for himself, &c. covt, &c. that for and notwithstanding any act deed matter or thing whatsr by (e) them the sd (O A) and (G A) and (J5) or any of them made dune omitted committed

reign of his Mnj. William the Fourth entitled 'An Act for the
Abolition of Fines and Recoveries and for the Substitution of more
simple Modes of Assurance' Hath granted bargained sold ordered
and disposed of and conveyed and by these presents Doth to the full
extent of the power vested in him as such commissioner as afd
grant bargain sell order dispose of and convey And they the sd (A)
and (B) Have and each of them Hath granted bargained sold
aliened released and confirmed and by these prests Do. &c.'
fa} Or, ' of the sd (C) (A) and (H) and each, &c.'

(b) As to the declaration to bar dower, see Release.

(c) Or, ' And the sd (C) (O .y)and (OA) for themselves, &c.' (rf) Or, 'thev the ed (C) (i> A) and (G .-/) have not, &c.'

(e) Or, 'bv them the sd (C) (B) (O A) and (G A) or any, &c.' exted or knowingly or willingly suffered to the contrary (a) they the sd (B) (OA) or (G A) some or one of them at the time of sealing and delivery of these prests are or is lfully rightfully and absolutely seised of or Bankrupt well and sufficiently entitled to the sd messes or tents, s^'jlU!'y &c. and evy pt thof with their and evy of their apts (b) for a good perfect clear and indefeasible este of inhance in fee simple witht any manner of condon trust power of revocation or limitation of any new or or. use or uses or any or. qualification restriction matter or thing whatsr which can or may revoke alter charge defeat abridge incumber or prejudicially affect the same in any manner howsr And that for, &c. they (c) the sd (0 A) (OA) and (B) or some or one of them now have or hath in themselves or himself full power and lful and absolute right and title (d) to grant bargain Good "Snt sell release and confirm all and singr the sd heredts and to conve3'preses with the apts in the manner afd according to the true intent and meaning of these prests And that the For quiet sd messes or tents Ids heredts and preses hby granted, enjoyment. &c. with their apts shall remain and be to the use hnbefe decld of and concerning the same and the rents issues and prfts thof and of evy pt thof shall be reed and retained and applied accordingly without any lful let suit trouble denial claim demand interruption or eviction whatsr of or by (e) them the sd (A) and (B) or any or either of them their or any of their hrs or any psn or psns whomsr lfully or equitably claiming or to claim by from or under or in trust for him them or any of them (/) And that free and clear and freely Free from clearly and absolutely acquitted, &c. and for ever dis- incumcharged or orwise by (g) the sd (A) and (B) or some or branceEone of them or their hrs exs or ads well and sufficiently saved defended kept harmless and indemnified of from and agst all and all manner of former, &c. (see Release) either already or hraf'tr to be had made exted occasioned and suffered by the sd (A) and (B) or any or

(a) Or, ' they the sd (C) (B) (O A) or (G A) eome or one of them, &c.'

(4) Where the bankrupt is tenant in tail, say,' for a good perfect clear absolute and indefeasible estate of inheritance in fee tail general in possession witht, &r.'

(r) Or, ' they the sd (f) (B) (OA) or (GA)' (it) Where the consent of the protector has been given, say, 'with the consent of the sd (protector) as afd.'

(e) Or, ' by them the sd (C) (B) (OA) or (G A)' (/) Where the bankrupt derives title under a will, as before recited, add,' or by from or under or in trust for the sd A B the testator.'

(g) Or, ' by the sd (C) (B) (O A) or (OA) or some, &c.' Convey- either of them or any or. psn or psns lfully or equitably" ance of claiming or to claim by from under or in trust for them Copy- or any of them (a) And furr that they the sd (A) and holds. (B) their and evy of their hrs and all and evy or. psn or For further psns now or hraftr having or claiming any este right assurance. title interest use trust property claim or demand whatsr either at law or in equity of in to or out of the sd messes or tents, &c. or any of them or any pt thof with their apts by from under or in trust for them or any of them their or any of their hrs (6) shall from time to time and at all times, &c. (see Release.) In Witness, &c.

Bargain and Sale of One Fourth Part of a Copyhold Estate by the Commissioner and Assignees of a Bankrupt.

Obs. As to the power of the commissioners to sell the copyhold estate of a bankrupt, and the operation of the conveyance by tbem, sec Pref. § 4. As to the entry of the deed on the court rolls, see Pref. § 5; and where the bankrupt is tenant in tail, see Variations in last precedent.

This Indre made, &c. Betn (commissioner) Esq. the commissioner of his Maj. Ct of Bankruptcy acting under a fiat of bankruptcy issued against (bankrupt) of, &c. of the first pt (official assignee) of, &c. official assignee of the estate and effects of the sd (jb) appointed by the sd (C) to act with the assignees of the sd (B) of the second pt (general assignees) of, &c. assignees of the estate and effects of the sd (B) duly chosen under the sd fiat on the day of of the third pt the sd (B) of the fourth pt and (purchaser) of, &c. of the fifth Testatum- pt Witnesseth That in pursuance of a sale by auction at in on the day of now last past by the order of the sd (G A) and in conson of the sum of £ — pd by the sd (P) at the time of the sale by way of deposit and the furr sum of £ — to the sd (O A) in hand well and truly pd at, &c. the rect whereof in full, &c. the sd (O A) and also the sd (C) (G A) and (JB) do and each and evy of them doth acknge and of and from the same and evy pt thof do and each and evy of them doth acquit rele and discharge the sd (P) his hrs exs, &c. for ever by these prests And also in conson of 5*., &c. He the sd (C) in exon of the sd fiat and by virtue and in exon of the sevl statutes now in force concerning bankrupts parlarly an Act of Parlt passed in the

(a) Where the bankrupt derives title under a will, add, 'or by from or under'or in trust for the sd A B the testator.'

(4) Or, ' by from or under or in trust for the sd A B the testator.'

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