ASSIGNMENTS.

Indemnity

(deed).

unto (the assignee) of, &c. the messuages, or tenements and premises, chargeable with the payment of the said yearly rent charge, or annual sum of £ and by an indenture of even date herewith, and made or expressed to be made between the said (assignor) of the one part, and the said (assignee) of the other part, the said messuages, or tenements and premises, have been conveyed and assigned, or otherwise assured unto the said (assignee), his executors, administrators and assigns, for the residue and remainder of the term of years then to come therein. AND WHEREAS upon the treaty for the said sale, it was agreed that the benefit of the above in part recited indenture of the day of should be assigned to the said (assignee). Now KNOW YE, that in pursuance of the said agreement, and in consideration of 5s. of lawful money of Great Britain, in hand well and truly paid by the said (assignee) to the said (assignor), at the time of the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, HE the said assigns the deed (assignor) HATH assigned, transferred and set over, and by these presents DoTH assign, transfer and set over unto the said (assignee), his executors, administrators and assigns, ALL that the hereinbefore in part recited indenture mentioned to bear date the

WITNESS.

That in consideration, &c.

The assignor

of indemnity.

To hold to the assignee.

day of

and all the estate, right, title, interest, property, claim and demand whatsoever, both at law and in equity, of him the said (assignor), of, in and to the same, and all benefit and advantage whatsoever, which can or may be had or derived from the same, or from all or any of the covenants, provisocs, clauses and agreements therein contained, or otherwise howsoever by reason or means thereof. TO HAVE AND TO HOLD the said in part recited indenture, and other the premises hereby assigned, or mentioned or intended so to be as aforesaid, unto the said (assignee), his executors, administrators and assigns, to and for his and their own use, behoof and benefit, absolutely and for ever. AND the said (assignor), for himself, his assignor that the heirs, executors, administrators and assigns, doth covenant, declare, promise and agree with and to the said (assignee), his executors, administrators and assigns, by these presents, that for and notwithstanding any act, deed, matter or thing whatsoever, by him the said (assignor), at any time heretofore made, done, committed or know

Covenant by

deed is in full

force.

day of

and made or expressed to be made between

of the one part, and the said (assignor) of the other part, the said in part recited indenture was assigned to, or otherwise became vested in the said (assignor)."

ASSIGNMENTS.

Indemnity (deed).

That he will not

Further assu

rance.

ingly suffered, the said indenture hereby assigned or mentioned, or
intended so to be, now is, and stands in full force and virtue in all
respects AND that he the said (assignor), his heirs, executors or
administrators shall not, nor will at any time hereafter, without the release.
consent in writing of him the said (assignee), his executors, admi-
nistrators and assigns, do, or cause to be done, any act, matter or
thing whatsoever, whereby the said indenture, or any thing therein
contained may or can be released, discharged or otherwise preju-
dicially affected, or whereby the said (assignee), his administrators
or assigns, may be prevented or impeded in receiving all benefit and
advantage thereof. AND further, that he the said (assignor), his
heirs, executors and administrators, shall and will from time to time,
and at all times hereafter, at the request, costs and charges of the
said (assignee), his executors, administrators or assigns, make, do,
execute and perfect all and every such further and other acts, deeds
and assurances in the law whatsoever, for the further and better, or
more satisfactorily assigning the said indenture and premises unto
him the said (assignee), his executors, administrators or assigns, or
otherwise enabling him and them to use and avail himself and them-
selves of the same, and the several powers and remedies thereby
given, in such manner as he or they, or his or their counsel shall
reasonably advise and require. IN WITNESS, &c.

Common deed stamp; see post. Vol. III. "STAMP.”

Stamp.

ASSIGNMENTS.

Judgment (satisfied).

No. CXLIII.

An Assignment of a Satisfied Judgment to protect the In

heritance (1).

Parties.

THIS INDENTURE made the

our Lord 18 BETWEEN (the assignor of the judgment) of, &c. of the first part, (the vendor) of, &c. of the second part, (the purchaser) of, &c. of the third part, and (the trustee) of, &c. of the fourth part. WHEREAS a judgment was obtained as of

Recital of judg- term, in the

ment, and satisfaction thereof.

year

of the reign, &c. in his Majesty's Court of against (the debtor) of, &c. in an action of debt upon bond at the suit of the said (assignor), for the sum of £ and costs of suit, and which said judgment was duly entered up on record in the said court, as by reference thereto will more fully and at large appear. AND WHEREAS the said sum of £ since been fully paid and satisfied. AND WHEREAS the said (vendor) Contract for pur- hath lately contracted with the said (purchaser) for the absolute

chase of free

hold estate.

at the sum of £

hath

sale to him of certain lands and hereditaments situated at
in the county of
and by
indentures of lease and release, 'the lease bearing date the day be-
fore the date of the release, and the release bearing, or intended to
bear, even date with these presents, and made or expressed to be
made between the said (vendor) of the one part, and the said (pur-
chaser) of the other part, all and singular the said lands and here-

Use of assign

ment of satisfied judgment.

and

(1) The principle upon which satisfied judgments or recognizances are assigned as a protection, is, that (from the time of their being docketed, if judgments, or enrolled, if recognizances), they attach upon the land, and give a legal right to the cognizee in like manner as satisfied terms; therefore, when placed in the hands of a bona fide purchaser without notice, give him a priority to mesne incumbrances. See ante, MOD. PREC. Vol. 1. p. 430.434. and see post. No. CLII. p. 540.n. (1.) See Pemberton v. Bartram, cited 4 Co. 60. But its use can only be in relation to freehold estates, as copyholds are not affected by judgments; Heydon's Ca. 3 Co. 9; 1 Roll. Ab. 888; Gilb. Ten. 185; Rowden v. Malster, Cro. Car. 44; and leaseholds not until execution have been sued out and delivered to the sheriff.

ASSIGNMENTS.

Judgment (satisfied). Agreement that

judgment should be assigned to

attend.

WITNESS. The assignor in consideration, &c. assigns,

confirms.

ditaments were conveyed and assured unto and to the use of the said (purchaser), his heirs and assigns for ever. AND WHEREAS upon the treaty for the said purchase, it was agreed that the said judgment should be assigned to the said (trustee), in trust to attend the inheritance of the said premises for the said (purchaser), and for other the purposes hereinafter mentioned, Now THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, and for and in consideration of the sum of 5s. of lawful English money to the said (assignor), in hand well and truly paid by the said (trustee), at or before the execution of these presents, the receipt whereof is hereby acknowledged, he the said (assignor), at the request and by the direction and appointment of the (vendor), and at the nomination of the said (purchaser), testified by their severally being parties to, and signing and sealing these presents, HATH bargained, sold, assigned, transferred and set over, and by these presents DOTH and the vendor bargain, sell, assign, transfer and set over, and the said (vendor), for the considerations in the said indenture of release mentioned, and at and by the request and nomination of the said (purchaser), testified as hereinbefore is mentioned, HATH bargained, sold, assigned, ratified and confirmed, and by these presents DOTH bargain, sell, assign, ratify and confirm unto the said (trustee), his executors, administrators and assigns, ALL that the said hereinbefore in part recited The judgment. judgment, and all and every sum and sums of money whatsoever now due thereon, or which hereafter shall or may grow or become due by virtue of the same, or upon any execution to be had, sued out, or issued thereupon, and all benefit and advantage whatsoever to be received or derived therefrom, and all the estate, right, title, property, interest, claim and demand whatsoever, both at law and in equity, of him the said (assignor), in, to or concerning the same, To HAVE AND TO HOLD the said in part recited judgment, and other the premises hereby assigned or mentioned, or intended so to be, unto the said (trustee), his executors, administrators and assigns, in trust nevertheless for the said (purchaser), his heirs and assigns, and to be assigned and disposed of from time to time as he or they shall direct or appoint, and in the mean time, and subject to such assignment, disposition, direction or appointment, IN TRUST, and to the intent that the same shall and may attend and wait upon the inheritance of the lands and hereditaments in or by the said in part recited indenture of release, of even date herewith, granted and released, or otherwise assured or mentioned, or intended so to be as aforesaid, in order to protect the same from and against all subsequent and mesne encumbrances, if any such there bc. AND the

To hold to the

trustee in trust

to attend the inheritance.

ASSIGNMENTS.

Judgment (satisfied). Authority for

trustee to sue out execution. Covenant by assignor that judgment is not vacated.

Authority to give discharges

unnecessary.

said (assignor) doth by these presents authorise and empower the said (trustee), his heirs, executors, administrators and assigns, in the name or names of him the said (assignor), his heirs, executors or administrators, to sue out execution or other process or proceedings which may be deemed requisite or expedient for all or any of the purposes aforesaid (1). AND the said (assignor) doth hereby, for himself, his heirs, executors and administrators, covenant, declare and agree with and to the said (purchaser), his heirs and assigns, and with and to the said (trustee), his executors, administrators and assigns, in manner following, (that is to say) that he the said (assignor) hath not at any time heretofore made, done, committed, or knowingly suffered or omitted, nor been party or privy to any act, deed, matter or thing whatsoever, whereby or by reason or means whereof the said judgment hereby assigned or mentioned, or intended so to be, as can, shall or may be discharged, vacated, defeated or prejudicially affected in any manner howsoever. PROVIDED ALWAYS, &c. [Here may be added provisoes for trustee retaining and being indemnified against expenses, and not being liable for casualties (2).] IN WITNESS, &c.

(1) As a judgment is supposed to be satisfied upon or before its assignment to protect the inheritance, the usual letter of attorney, inserted in the assignment of a judgment debt, authorising the assignee to receive and give discharges for the money, is of course unnecessary. (2) See ante, MOD. PREC. Vol. VI. p. 530.

i

Stamp.

Common deed stamp; see post. Vol. III. "STAMP".