What Words 2 Vent. 150. Creffing v. 1 Mod. 175. Walker v. Olman v. Harrison v. Simp Doe v. R. 22. § 2. The proper and technical words of this conveyance are, covenant to stand seised to the use of A., &c. but any other words, fuch as grant, bargain and fell, or affign, will create a covenant to ftand feifed, if it appears to have been the intention of the party to use them for that purpose. § 3. A., in confideration of natural love, augmentation of portion and preferment of his daughter E. in marriage, and for other good and valuable confiderations, did give, grant, bargain, fell, alien, enfeoff, and confirm to E. and her heirs, &c. with a covenant for quiet enjoyment, and special warranty: all the court held, the land fhould pass by way of covenant to stand feised. § 4. A fettlement was made in the following words: "If I have no iffue, and, in cafe I die without iffue "of my body lawfully begotten, then I give, grant, " and confirm my land, &c. to my kinfwoman Sarah "Stokes, to have and to hold the fame to the use of 66 myself for life, and, after my decease, to the use of "the faid Sarah, and the heirs of her body to be "begotten, with remainders over." It was held, that this was a good covenant to ftand feised. § 5. George Simpson, in confideration of his marriage with Ann Storey, gave, granted, enfeoffed, aliened, WillesR.673. and confirmed lands to Ann and William Storey and their affigns, habendum to the use of Ann Storey for life, remainder to the heirs of her body begotten by Simpfon Ch. xii. § 5-8. to the faid uses. The marriage took effect, and, foon after, Simpfon became a bankrupt. His affignees fold the land, confidering the deed as void in law, or, if not, that Simpfon was tenant in tail under it. It was refolved, that the deed should operate as a covenant to stand seised. § 6. Thomas Kirkby executed indentures of leafe and release to his brother. The lease was made for a year in the ufual manner. The release witneffed, that for the natural love which Thomas Kirkby bore to his brother, and, in confideration of 100l. paid to him by his brother, he granted, released, and confirmed unto his brother, (in his actual poffeffion then being by virtue of the leafe for a year), after the death of the faid Thomas Kirkby, all that clofe, &c. to hold the fame to his brother and the heirs of his body. It was admitted, that this release was void as a common law affurance, because it was a grant of a freehold to commence in futuro; but the court was unanimoufly of opinion, that it should be confidered as a covenant to ftand feised. covenant to ftand feised. § 7. A covenant to stand seised being fimilar, in Who may many respects, to a bargain and fale, it follows, that no person can transfer lands by this mode of conveyance, who cannot be feised to a use. § 8. It alfo follows, from the fame principle, that no fpecies of property can be transferred by co What may be conveyed by. Wiseman's yenant to stand feifed, which cannot be conveyed to a use. § 9. A covenant to ftand feifed only paffes lands whereof the covenantor is actually feifed or entitled to in remainder at the time of the execution of the deed; because the use must arise out of the feifin which the Cafe, 2 Rep. covenantor has at the time. 15 a. Yelverton v. 2 Roll Ab. Barton's Ab. 790. What Con fideration nc ceffary. § 10. A father covenanted, in confideration of natural affection, to stand seised of all the lands which he had, or should afterwards purchase, to the use of himself for life, remainder to his youngest son and his heirs. He afterwards purchased lands, and died. It was determined, that the after-purchased lands did not vest in the younger fon by this deed, because a man cannot, by a covenant, raise a ufe out of land which he hath not. § 11. If two perfons are joint-tenants in fee, and one of them covenants, that, after the death of his companion, he will stand seised of all the moiety of his companion to certain ufes, though the covenantor furvives, yet no use shall arife, because, at the time of the covenant, he could not grant or charge his moiety. § 12. A covenant to ftand feifed being a convey, ance of a private nature, and valid without inrolment, it is abfolutely neceffary that the confideration be either affection to a near relation, or marriage. S-13. If v. Strotton, Plowd. 300. S 13. If a man, in confideration of the natural Sharrington love which he bears to B. his brother, covenants to ftand feised to the ufe of B. and A. his wife for their lives, this shall raise a good eftate to A., for the covenantor gives the eftate to A. in confideration of the marriage between her and his brother. Bould v. S 14. A man covenanted, in confideration of natural love and affection to his fon, to ftand feifed to the ufe of his fon for life, remainder to the ufe of fuch 786. wife as the son should marry, for life, &c. and it was held, that a use arofe to the wife, fhe being within the confideration; for it was for the advancement of his pofterity, and, without a wife, the fon could not have posterity. S 15. A ufe will arise to a wife, without any confideration expressed, upon a covenant to stand seised. § 16. Robert Bedell, by indenture between him and Bedell's his wife of the first part, James his fecond fon of the Cafe, 7 Rep. second part, and Michael his third fon, of the third part, in confideration of natural love and affection for his fons, covenanted to stand seised to the use of himfelf for life, remainder to his wife for life, remainder as to one moiety, to one of his fons, and, as to the other moiety, to the other fon. The question was, whether any ufe arose to the wife or not. It was objected, that the wife was not within the confiderations expreffed in the indenture; and no other confiderations could be averred than were contained in the deed. But it was anfwered and refolved, that a confideration 40. Goodtitle v. Petto, 2 Stra. R. 934. Perrot's Cafe, 2 Roll Ab. 785. Dyer 374. pl. 16. Jenk. Cent. 2 Ca. 60. fideration which stood with the deed, and was not repugnant to it, might well be averred. And when he limited the lands to the use of his wife for life, that imported a fufficient confideration in itself, and there needed no averment, for manifefta probatione non indigent. S 17. Love and affection to an illegitimate child is not a fufficient confideration to raise a use in a covenant to ftand feifed. S 18. A perfon covenanted, in confideration of natural love and affection, to stand seised to the use of himself for life, remainder to A. his reputed fon, (who was his baftard), for life, &c.; and alfo, covenanted to levy a fine, or make a feoffment for farther affurance afterwards, he made a feoffment in fee to the covenantees, in performance of his covenant, to the fame uses. It was refolved, that no use arose to A. the bastard by the covenant, for want of a confideration; nor could he take any thing by the feoffment, it being only made for further affurance. § 19. The adopting a firname is not a fufficient confideration to raise a use in a covenant to stand seised, as was refolved in Sir Chriftopher Hatton's cafe, who having a fifter's fon named Newport, covenanted, in confideration of his taking the name of Hatton, he would ftand feifed to his ufe. But it was refolved, that no ufe arofe, for want of a fufficient confideration. § 20. It |