Page images
PDF
EPUB

said administrator, by deed, to grant and convey the estate in said agreement described, to the said O. P., upon the terms and condi tions in said agreement contained :

Now, therefore, know ye, that, by virtue of the authority and decree by said Court, given as aforesaid, and, in order to carry into full effect the said agreement of the said Y. Z., on his part, that I, the said A. B., administrator as aforesaid, in consideration of

to me in that capacity paid by the said O. P., (the receipt whereof I do hereby acknowledge,) and in consideration that the said O. P. has in all things fulfilled and performed the conditions, ou his part, in said agreement contained, have given, granted, sold, and assigned, and by these presents I do give, grant, sell, and assign to him, the said O P., his heirs and assigns, all the said Y. Z.'s right, title, and interest, which he had, at the time of his decease, in and to the estate in said agreement described.

To have and to hold the same to him, the said O. P., his heirs and assigns, to his and their use and behoof forever, in as full and ample a manner as I, the said A. B., in my capacity of administrator of said Y. Z., as aforesaid, and by force of said decree and authority or license of said Court, am empowered to convey the

Bame.

In testimony whereof, &c. [as in General Form of Agreement.)

Deed by a Sheriff of an Equity of Redemption sold at Auction.

To all persons to whom these presents shall come, A. B, of Bos ton, in the county of Suffolk, and commonwealth of Massachusetts gentleman, a deputy sheriff under M. N., sheriff of said county esquire, sends greeting:

Whereas, I, the said A. B., as deputy Sheriff, as aforesaid, on the, at said Boston, attached on mesne process, on a suit wherein W. X., of &c., was plaintiff, and Y. Z., of &c., was defend ant, all the right in equity which the said Y. Z. then had to redeem the real estate hereinafter described; and, whereas, by considera tion of the justices of the court of holden at Boston, within and for the said county of Suffolk, on the said W. X. recov ered judgment against the said Y. Z., for the sun of, debt or damage, and costs of suit taxed at the sum of — on which judg ment, by order of said court, a writ of execution was issued on the day of —, directed to me, the said A. B., to be levied, satisfied, and executed; and, whereas, by virtue of said writ of exe cution, and in order to satisfy the same, I did afterwards, on the day of take and seize the right in equity of the said Y. Z., of redeeming the following described real estate, to wit, &c., [describe the estate;] and, whereas, afterwards, on the having given due notice to the said Y. Z., and having July

[ocr errors]

day of

advertised the premises according to law, in due form, I sold the same at public auction to O. P., of &c., who was the highest bidder therefor, and the purchaser thereof at said sale, for the sum of which was the greatest sum then and there bid therefor. Now, therefore, know ye, that I, the said A. B., in my capacity of deputy sheriff as aforesaid, in consideration of the said sum of to me paid by the said O. P., (the receipt whereof is hereby acknowledged,) have bargained, granted, sold and conveyed, and by these presents I do bargain, grant, sell, and convey to the said O. P., all the right which the said Y. Z., at the said time of said attachment, had of redeeming the before-described estate, and every parcel thereof.

To have and to hold the same, to him, the said O. P., his heirs, executors, administrators, and assigns, to his and their use and behoof for ever; subject, nevertheless, to the said Y. Z.'s right of redeeming the same. And I, the said A. B., do covenant with the said O. P., as aforesaid, that, in making the said attachment and sale, and in every thing the same concerning, I have complied with, observed, and obeyed all the rules and requisitions in law for attaching, and on execution making sales of, rights in equity to redeem real estate.

In testimony, &c. [as in General Form of Agreement.]

Short Form of a Deed with full Covenants.

KNOW all men by these presents, that we, John Doe, and Mary his wife, of the town of Dover, in the county of Dutchess. for and in consideration of the sum of fifty dollars, to us in hand now here paid, have granted, bargained, sold, and by these presents do grant, bargain, sell, and convey unto John Smith, of the same place, all that certain parcel of land, situate in the said town of Dover, and described as follows: (or, which, in a deed of conveyance, made by Richard Roe to the said John Doe, dated the

day of in the year was described as follows:) [here insert boundaries;] with all the appurtenances, and all the right, title, interest, claim, and demand of us, or either of us, in the premises; to have and to hold the same, with the appurtenances, unto the said John Smith, and his heirs, in fee simple, forever And I, the said John Doe, for myself and my heirs, dc hereby covenant and agree, to and with the said John Smith, and his heirs aud assigns, that I am now the owner of the said premises, and am seized of a good and indefeasible estate of inheritance therein, and that I have full right and power to sell and convey the same in fee simple absolute; that the said premises are free and clear of all incumbrances; that the said John Smith, his heirs and assigns, may forever hereafter, have, hold, possess, and enjoy ho sume, without any suit, molestation, or interruption, by any per

son whatever, lawfully claiming any right therein and that 1, the said John Doe, and all persons hereafter claiming under mo will at any time hereafter, at the request and expense of the said John Smith, his heirs or assigns, make all such further assurances for the more effectual conveying of the said premises, with the appurtenances, as may be reasonably required by him or them; and that I, the said John Doe, and my heirs, will warrant and de fend the said premises, with the appurtenances, unto the said John Smith, and his heirs and assigns, forever.

In testimony, &c. [as in General Form of Agreement.]

Deed by Executors under an Authority in a Will. To all persons to whom these presents shall come, we, A. B. and C. D., both of, &c., executors of the last will and testament of Y. Z., late of, &c., deceased, testate, send greeting:

Whereas, the said Y. Z., in order to enable his said executors fully to carry into effect his intentions, did, in and by his last will and testament, authorize and empower his said executors, in any manner which they should deem proper, to make sale of and execute and deliver deeds to convey, all his, the said testator's real

estate :

Now, therefore, know ye, that by virtue and authority to us given by said Y. Z, in his last will and testament, we, the said A. B. and C. D., executors as aforesaid, in consideration of the sum of to us paid by O. P., of, &c., (the receipt whereof is hereby acknowledged,) have given, granted, bargained, sold and conveyed, and by these presents we do give, grant, bargain, sell, and convey, unto the said O. P., his heirs and assigns, the follow ing described parcels of real estate, which was the property of the said Y. Z., situate in and bounded and described as fol

lows, to wit: &c.

To have and to hold the aforegranted premises to him, the said O P., his heirs and assigns, to his and their use and behoof forever. And we, the said A. B. and C. D., do covenant with the said O. P., his heirs and assigns, that we are lawfully the executors of the last will and testament of said Y. Z; and that we have not made or Buffered any incumbrance on the hereby-granted premises, since we were appointed executors of said Y. Z.; and that we have in all respects acted, in making this conveyance, in pursuance of the au thority granted to us in and by the said last will and testament of the said Y. Z.

In testimony &c [as in General Form of Agreement.]

Deed of a Right of Way and Draiu.

in the county of

WHEREAS, H. S. and T. L., both of housewrights, are the joint owners of a lot of land, with a dwel Ling-house and appurtenances, fronting northerly on —— street, in said - and E. B. N., of said -, mason, is the owner of a lot of land and house, also fronting northerly on said street, and adjoining the house of the said S. and L., on the easterly side thereof, and an agreement has been made between the said S. and L. and the said N., by which the said S. and L. have agreed to grant to said N., his heirs and assigns, being the owner of said land and house, a right of way in and over a part of their premises, and a right of drain through and under the same:

Now, therefore, know all men by these presents, that we, the said H. S. and T. L., in pursuance of the said agreement, and in consideration of the sum of dollars, to us paid by the said E. B. N., do hereby give, grant, sell, and convey unto the said E. B. N., and his heirs and assigns, a right of way in and over a certain strip of land on the easterly side of our, the said S. and L.'s land, for him the said N., his tenants, servants, heirs, and assigns, at all times to pass and repass from street aforesaid to the rear of

feet, and of the street to the rear

the said N.'s land, and from the rear of said house to said street, the said strip of land being of the width of length of feet, and running from said of said land of said S. and L.; and the said way is and shall be forever of said dimensions, and of the height of feet; and also, for the consideration above mentioned the said S. and L. do hereby give, grant, sell and convey to the said N., his heirs and assigns, the right to enter a drain from his said land into the drain now running under the said strip of land, to be used as a passage way as aforesaid, and the same to use as a sewer or drain from said N.'s land to the common sewer in street; the said N., and his heirs and assigns, at al' times paying their just proportion of the expenses of cleaning and repairing the same.

To have and to hold the said easements and privileges to him, the said N., his heirs and assigns forever, as appurtenances to his and their said land and house above described.

[Add covenants of seisin, right to sell, and warranty.]

Deed of a Water-Course.

THIS indenture, made, &c. [Here insert the parties.] Whereas the said A. B. and C. D., at the time of the sealing and delivery of these presents, are respectfully seized in fee of and in two contiguous tracts, pieces, or parcels of land, with the appurtenances, in the township of, aforesaid; and, whereas, there is a dam and race, or water-course, erected and made in and upon a certain run or stream of water (called ,) within the land of the said A B

for watering, overflowing, and improving meadow ground thereon now this in lenture witnesss: That said A. B., for divers good causes and considerations, and more especially for and in ccnsideration of the sum of one dollar, to him paid by the said C. D., at or before the sealing and delivery hereof, (the receipt whereof he does hereby acknowledge,) has granted, bargained, sold, released, and confirmed, and by these presents does grant, bargain, sell, release, and confirm, unto the said C. D., and to his heirs and as signs, all the water of the said run or stream of water, to be led and conveyed from the said dam, along the race or water-course aforesaid, into the said land of the said C. D., for the space of four days in every week, to wit: from Tuesday evening at sunset, to Saturday evening at sunset, from the first day of April to the first day of October, yearly and every year, for the watering, overflowing, and improving of meadow ground on the land of the said C. D., together with free ingress, egress, and regress, to and for the said C. D., his heirs and assigns, and his and their workmen, with horses, carts, and carriages, at all convenient times and seasons, through the land of the said A. B., his heirs and assigne, in and along the banks of the said dam and race, or water-course, for the amending, cleaning, and repairing the same, with liberty and privilege, for that purpose, to dig and take stones and earth from the adjacent land of the said A. B., when and as often as need be, or occasion require. To have and to hold, all and singular, the premises and privileges hereby granted or mentioned, or intended so to be, with the appurtenances, unto the said C. D., to the only proper use and behoof of the said C. D., his heirs and assigns for ever, he or they paying one moiety or half part of the expenses, which from time to time may accrue, in supporting, cleansing, and repairing the dam and water-course aforesaid.

In witness, &c., [as in General Form of Agreement.]

Sheriff's Certificate of the Sale of Real Estate.

SUPREME COUrt. Į

E. F. vs. C. D.

I, A. B., Sheriff of the county of " do certify, that by virtue of an execution in the above cause, tested the day of, in the year —, by which I was commanded to make of the goods and chattels of C. D., in my bailiwick, dollars, which E. F had recovered against him in the said Court, for his damages, which he had sustained as well by reason of the not performing certain promises as for his costs and charges, and if sufficient goods and chattels could not be found, that then I should cause the said damages to be made of the real estate which the said C. D had day of ——, in the year, or at any time after wards, in whose hands soever the same might be, as by the said

on the

« PreviousContinue »