BONDS. Indemnity (debts copartnership). No. CCVII. *Bond from a surviving Partner to Indemnify the Executor of a deceased Partner from Debts. Recital. KNOW ALL MEN, &c. (1) WHEREAS the above named (obligee), executor of (deceased partner), late of, &c. by indenture under his hand and seal, bearing even date with the above written obligation, (in pursuance of a covenant in that behalf contained in certain indentures of copartnership, bearing date on or about the day of in the year and made between, &c.) (or as the case may be) hath assigned and released unto the said (surviving partner) for his own proper use, the one full and equal half part, and all other the part and share belonging to him the said (obligee) as executor as aforesaid, of, in, and to the goods, debts, monies, and things belonging to the said joint stock in trade between the said parties at the time of the decease of the said (deceased partner), as by the said indenture of assignment and release, relation being thereCONDITION. unto had, will more fully appear. NOW THE CONDITION of the above written obligation is such, that if the said (obligor), his executors and administrators, do and shall, pursuant to the covenants in that behalf contained in the said indentures of copartnership, discharge and at all times hereafter save and keep harmless and indemnified the said (executor), his heirs, executors, and administrators, and his and their lands, tenements, goods, and chattels, and the lands, tenements, goods, and chattels of the said (deceased partner) deceased, of and from all and every the debts and sums of money which at the time of the decease of the said (deceased partner) were due and owing by and from the said partners, and which on the day of the date hereof are yet due, owing, and undischarged to all or any person or persons whatsoever, upon account of the said late joint trade Obligation. (1) See form of obligation, ante, p. 77, and 73, notes. and copartnership, and of, from, and against all and all manner of actions, suits, costs, charges, and damages which shall or may be commenced, sued, prosecuted, recovered, or awarded against the said (executor), his executors or administrators, or which he or they may sustain or be put unto for or by reason of the said debts and sums of money, or any of them in anywise howsoever. THEN, &c. BONDS. Indemnity (debts copartnership). BONDS. Indemnity (defect of title). No. CCVIII. A Bond to a Purchaser as an Indemnity against a Defect of Recital of con veyance to obligee. KNOW ALL MEN, &c. (1) WHEREAS by indentures of lease and release, the lease bearing date the day next before the date of the release, and the release bearing or intended to bear even date herewith, and made or expressed to be made, between, &c. certain messuages, farms, lands, and hereditaments therein described, and mentioned to be situated at, &c. were granted, and released, or otherwise assured by the said (obligor) unto and to the use of the (obligee), his heirs and assigns for ever (or as the case may be). AND WHEREAS since the execution of the said indenture it has been discovered or conjectured that some legal or other interest in or concerning the said hereditaments is outstanding and subsisting in or elsewhere, and it has therefore been proposed and agreed that the said (obligor) shall give his bond, with such condition as hereafter mentioned, for indemnifying the said (obligee) against all claims or demands which CONDITION. may hereafter be made in respect thereof. Now THE CONDITION of the above written obligation is such, that if the above bounden (obligor), his heirs, executors, or administrators, do and shall from time to time, and at all times hereafter, save harmless and keep indemnified the said (obligee), his heirs (2), executors, administrators, and assigns, from and against the said (obligor), his heirs and assigns, and also from and against all and every legal and equitable estate, right, title, interest, claim and demand whatsoever to be at any time or times hereafter made, challenged, or demanded by any person or persons whomsoever, in, to, or out of the messuages, farms, lands, and hereditaments, in or by the said in part recited indentures of lease and release, or either of them, granted and released, or otherwise as Obligation. Leasehold. (1) See ante, p. 77, and 73, notes. (2) If the estate be leasehold, omit the word "heirs" here and throughout, when applied to the obligee. sured or intended so to be, or in, to, out of, or respecting any part thereof, or their appurtenances; and of, from, and against all loss, costs, charges, damages, and expenses which he the said (obligee), his heirs, executors, administrators, or assigns, shall or may pay or sustain, by means or in consequence of any such estate, right, title, interest, claim or demand, so and in such manner that he the said (obligee), his heirs, executors, administrators, and assigns, shall and may at all times hereafter have, hold, and enjoy the same messuages, farms, lands, and hereditaments, with their appurtenances, and receive and retain the rents, issues, and profits thereof, without any let, suit, hindrance, interruption, or denial of or by the said (obligor), his heirs, executors, administrators, or assigns, or of any other person or persons whomsoever. THEN, &c. BONDS. Indemnity (defect of title). BONDS. Indemnity (dower). No. CCIX. Bond from Vendor or other Grantor to Indemnify a Purchaser or at KNOW ALL MEN, &c. (2) WHEREAS (3) the said (obligee) hath purchased of the said (obligor) [or the said obligor has borrowed of the said (obligee) the sum of L upon the security of, &c. or as the case may be] certain freehold hereditaments situated particularly described in certain indentures of lease and release, the lease bearing date the day next before the release, and the release bearing even date with the above written obligation; and by the same indentures the same hereditaments have been or are expressed or intended to be conveyed to him the said (purchaser) and his heirs, free from encumbrances. AND WHEREAS (wife) the wife of the said (vendor) hath a title to dower in the said hereditaments, but she being of great age and the premises of small value, the said (purchaser) hath agreed to accept of the security of the above written obligation in lieu of a fine being levied of the said CONDITION. premises. Now THE CONDITION of the above written obligation is such, that if the said (vendor), his heirs, executors or administrators do and shall from time to time, and at all times hereafter, well and Covenant, Obligation. Recitals. (1) A bond seems preferable to a covenant for this purpose; see Wilson v. Knubly, 7 East, 128. (2) For the form of the obligatory part of a bond, see ante, p. 77, and 73, notes. (3) As the extent of the condition of an indemnity bond may, on account of the strictness with which such bonds are construed, be restrained by the recitals, though the words of the condition import a larger liability than the recitals contemplate, Pearsall v. Summersett, 4 Taunt. 593, unless where nothing is mentioned in the condition but what relates to the matter recited, Sansom v. Bell, 2 Campb. 39; Liverpool Waterworks v. Atkinson, 6 East, 507. S. C. 2 Smith, 654. S. C.; it is proper that such recitals should be made as may serve to shew the real intent of the parties. |