792 



THE HOME, FARM AND BUSINESS CY< L< '1VKDIA. 



by law to receive the money, and that 

 such mortgage is therefore discharged. 

 Witness hand this day of 



A. D. 18 



WITNESS 



mo : ) I, 



f 



To wit : ) make oath and say 



1. That I was personally present and 

 did see the within certificate of discharge 

 of mortgage duly signed and executed by 



the part thereto. 



2. That the said instrument was execu- 

 atthe 



3. That I know the said 



4. That I am subscrbing witness to the 

 instrument. 



Sworn before me ) 



in the county of ( 



this day of ( 



in the year of our Lord, 188 j 

 A Commissioner for taking affidavits in 

 B. K, &c. 



CONVEYANCES OF LANDS ON SALE BY 

 MORTGAGE. 



THIS indenture, made the day of , 



in the year , between A. B., of, &c., 



of the one part, and C. D., of, &c. , of the 

 other part. Whereas, E. F., of, &c., did, 

 by a certain indenture of Mortgage dated 



the day of , in the year , for 



the consideration of , bargain and 



sell unto the said A. B., and to his heirs 

 and assigns forever, all that certain, &c. ; 

 together with all and singular the here- 

 ditaments and appurtenances thereunto 

 belonging : To have and to hold the said 

 granted and bargained premises, with the 

 appurtenances, unto the said A. B., his 

 heirs and assigns, to the only proper use 

 and behoof of the said A. B., his heirs 

 and assigns forever ; provided, neverthe- 

 less, and the said indenture of mortgage 

 was thereby declared to be upon condition, 

 that if the said E. F. , his heirs, executors, 

 or administrators, should well and truly 

 pay unto the said A. B., his executors, 

 administrators, or assigns, the just and 



full sum of , with lawful interest for 



the same, on or before the day of , 



in the year , according to the condi- 

 tion of a certain bond or writing, obliga- 

 tory, bearing even date with the said in- 



denture of mortgage, that then, and in 

 such case, the said indenture, and the said 

 writing obligatory, should be void and of 

 no effect: and the said E. F. did, by the 

 said indenture, for himself, his heirs and 

 assigns, agree with the said A. B. , his 

 heirs, executors, administrators, and as- 

 signs, that in case it should so happen, 

 that the said sum of , and the inter- 

 est for the same, should be due and unpaid 

 at the time limited for the payment there- 

 of, in the whole or in part thereof, that 

 then it should and might be lawful for the 

 said A. B. , his heirs or assigns, at any 

 time after default in payment, to bargain, 

 sell, and dispose of the said mortgaged 

 premises, with the appurtenances, at pub- 

 lic vendue, and out of the moneys to arise 

 from the sale thereof, to retain and keep 

 the said sum of - dollars, and the in- 

 terest, or so much thereof as might be due, 

 together with the costs and charges of such 

 sale, or sales, rendering the overplus 

 money, if any, to the said E. F. , his heirs, 

 executors, administrators, or assigns : 

 And, whereas the said E. F. did not pay 

 to the said A. B. the said sum of money, 

 with the interest, at the time limited for 

 payment, or at any time since : and the 

 said A. B. hath, therefore, in pursuance 

 of the authority so given to him as afore- 

 said, and according to the statute in such 

 case made and provided, caused the pre- 

 mises to be advertised and sold at public 

 auction ; and the same has been struck oft 

 to the said C. D., for , being the high- 

 est sum bid for the same. 



Now, therefore, this indenture witness- 

 eth, that the said A. B. , in pursuance of 

 the power and statute aforesaid, and also 

 for and in consideration of the said sum 



of , to him in hand paid, by the said 



C. D. , and at and before the ensealing 

 and delivery hereof, the receipt whereof 

 is hereby acknowledged, hath granted, 

 bargained, aliened, released, and con- 

 firmed, and by these presents doth grant, 

 bargain, sell, alien, release, and confirm 

 unto the said C. D. , and to his heirs and 

 assigns forever, all the farm, piece, or 

 parcel of land above mentioned, together 

 with the hereditaments and appurtenan- 

 cej, as the same is described arid conveyed 

 by the said indenture of mortgage ; and 

 all the estate, right, title, interest, claim, 

 and demand at law and in equity, of him 

 the said A. B., and also of the said E. F. , 

 as far forth as the said A. B. hath power 



