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it, had for forty years cleansed the same at their own charges. But the court was of opinion, that this was a covenant which run with the land, and was made good by the recovery, and that, though the plaintiff had cleansed the same at his own charge, whilst it was easy to be done ; yet, since the right was plain upon the deed, and the cleansing made chargeable by the building, it was reasonable the defendant should do it; and decreed accordingly. .
S 34. By the stat. 32 Hen. 8. c. 34. it is farther enacted, that all feoffees and grantees of any lordships or hereditaments for years, life or lives, their executors, administrators, and assigns, shall have the like action and remedy against all persons, having reversions of such lordships or hereditaments, for any covenants contained in their leafes, as they might have had against the lessors or grantors, their heirs and suc. cessors.
S 35. Where the whole of a term is assigned, and no reversion is left in the assignor, the assignee will be entitled to the benefit of the covenants contained in the original lease; and may bring an action on them against the assignee of the lessor.
Palmer v. Edwards, Doug. 186 n.
S 36. An action of covenant was brought by the plaintiff, as aflignee of a term, against the defendant as aflignee of the leffor, for not providing proper timber for repairs.
It was objected that, when the original lefsee assigned over the term, the rent was reserved to such lefsee and not to the leffor; and that the covenants, in the affignment by the original lessee, were not the fame with those in the original lease.
On the other side, it was contended that, wherever the whole interest is conveyed, it is an assignment; and that, in such a case, the assignee stands exactly in the place of the lessee, and is entitled to the benefit of all the covenants on the part of the lessor.
The court was of this opinion, and gave jadgment accordingly.
37. In all ancient feoffments, the feoffor entered Covenants for
the Title to into a general warranty with the feoffee, for the title Lands: to the lands conveyed. But warranties have been long since difused, and a set of covenants for securing the title have been substituted in their ftead; which are now generally inserted in all conveyances, as being more beneficial in some resped to the grantees, and affording a more eafy remedy, in case of a defect in the title, than could be obtained under the ancient warranty.
$ 38. By the first of these, the grantor covenants for himself, his heirs, executors, and administrators, with the grantee, his heirs and assigns, that he, the grantor, is lawfully feised in fee-fimple of the premises conveyed.
By the second, he covenants that he has a good right and full power to convey the fame.
By the third, he covenants that the grantee, his heirs and asigns, fhall have, hold, and enjoy the premises granted, without the eviction or disturbance of any person whatever.
Where lands are conveyed to uses, the words are, that the estates conveyed shall be and remain to the uses thereby limited, without any evi&ion, &c.
By the fourth, the lands are declared to be free from all incumbrances whatever. And, by the fifth, the grantor binds himself and his heirs to make all such farther aflurances of the lands, as shall be lawfully and reasonably required by the grantee or his heirs, or their counsel.
3 Lev. 46.
S 39. Upon the construction of these covenants, the second of them has been held to be of the same import as the first: for, if the vendor be seised in fee, he has power to convey. But the converse of this proposition does not hold; for a person, not actually seised in fee, may have power to convey. Thus, where a tenant in tail conveys to a person, to make him tenant to the præcipe, in order that a common recovery may be suffered to the use of the purchaser in fee; or, where a person conveys under a power; the covenant is, that the grantor hath good right to convey.
S 40. As
S 40. As to the covenant for quiet enjoyment it was formerly held, that it extended to all eviation whatever. Thus, it was resolved in 15 and 16 Eliz., Mountford
v. Catesby, that where a person made a lease for a term of years, o.
of years, Dyer 328 a. and covenanted, that the lessee should enjoy the premises during the term, without the eviction or interruption of any person, this extended to a tortious eviction.
S 41. This doctrine has, however, been long ex. Vide 2 Saund.
R.178 a. n.8. ploded : and it has been settled, that the law will never 187an. te. adjudge a person to covenant against the wrongful acts of strangers, unless his covenant is express to that purpose: for the law itfelf defends every one against wrong. And, therefore, though a person should covenant in the most general terms for the title to lands, yet such covenant will not be held to extend to tortious entries : for, if a purchaser is tortiously evicted or disturbed, he has his, remedy at law; and, if he is legally evi&ted he has his action on the covenant. Whereas, if general covenants for a title should be construed to extend to tortious evictions, a way might be opened for secret practices and combinations between a purchaser and strangers ; that the purchaser might recover damages from the covenantors. This doctrine has been confirmed in the following modern case.
S 42. A person conveyed certain lands in the pro. Dudley vi vince of New York, in North America, to a purchaser Folliott,
3 Term R. in consideration of 1200 l.; and covenanted that the $84. purchaser should enjoy the premises without the let,
trouble, hindrance, &c. of the vendor or his heirs, and of and from all and every other person and persons whomsoever. The States of America seized the lands for an act done previous to the conveyance. An action was brought in the Court of King's Bench at Westminster upon this covenant: and, upon a demurrer, the court was of opinion, that the action did not lie; for even a general warranty, which is con. ceived in terms more general than this covenant, has been restrained to lawful interruptions.
Fofter v. S43. But, where a person covenants to save the
purchaser harmless from all acts of a particular person, Cro. Eliz. Purcha 212. Hob. 35. there the vendor is bound to defend the purchaser
against the entry of that person, whether by title or not.
S 44. These covenants are real, and pass to all the assignees of the land, who may maintain actions upon them, against the vendor and his heirs. And cestuis que ufe are grantees within the statute 32 Hen. 8. c. 34., and are, therefore, entitled to the benefit of all covenants entered into by persons selling lands, for securing the title of such lands,
Spencer v. S 45. Rachael Boyes and her son conveyed a copyBayes, 4 Vef.
vel. hold estate by lease and release to a mortgagee, and Jun. 370.
covenanted for farther assurance. The fon died, and the mortgagee filed his bill against the customary heir of the son, who was an infant, praying that he might be decreed to surrender the estate to the plaintiff.