Palmer v. it, had for forty years cleansed the fame 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 eafy to be done; yet, fince the right was plain upon the deed, and the cleanfing made chargeable by the building, it was reasonable the defendant should do it; and decreed accordingly. S 34. By the ftat. 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 affigns, fhall have the like action and remedy against all perfons, having reverfions of fuch lordships or hereditaments, for or hereditaments, for any covenants contained in their leafes, as they might have had against the leffors or grantors, their heirs and fuc ceffors. $ 35. Where the whole of a term is affigned, and no reversion is left in the affignor, the affignee will be entitled to the benefit of the covenants contained in the original leafe; and may bring an action on them against the affignee of the leffor. $ 36. An action of covenant was brought by the plaintiff, as affignee of a term, against the defendant as affignee of the leffor, for not providing proper timber for repairs. It was objected that, when the original leffee affigned over the term, the rent was referved to fuch leffee and not to the leffor; and that the covenants, in the affignment by the original lefee, were not the fame with those in the original leafe. On the other fide, it was contended that, wherever the whole intereft is conveyed, it is an affignment; and that, in fuch a cafe, the affignee ftands exactly in the place of the leffee, and is entitled to the benefit of all the covenants on the part of the leffor. The court was of this opinion, and gave judgment accordingly. the Title to Lands. 37. In all ancient feoffments, the feoffor entered Covenants for into a general warranty with the feoffee, for the title to the lands conveyed. But warranties have been long fince difufed, and a fet of covenants for fecuring the title have been fubftituted in their ftead; which are now generally inferted in all conveyances, as being more beneficial in fome refpe&t to the grantees, and affording a more eafy remedy, in cafe 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 affigns, that he, the grantor, is lawfully feifed in fee-fimple of the premises conveyed. By 3 Lev. 46. 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 affigns, fhall have, hold, and enjoy the premises granted, without the eviction or disturbance of any perfon whatever. Where lands are conveyed to uses, the words are, that the estates conveyed fhall be and remain to the uses thereby limited, without any eviction, &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 fuch farther aflurances of the lands, as fhall be lawfully and reasonably required by the grantee or his heirs, or their counsel. $ 39. Upon the conftruction of these covenants, the fecond of them has been held to be of the fame import as the firft: for, if the vendor be feifed in fee, he has power to convey. But the converse of this propofition does not hold; for a perfon, 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 perfon 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 eviction whatever. Thus, it was refolved in 15 and 16 Eliz., that where a perfon made a lease for a term of years, and covenanted, that the leffee should enjoy the premifes during the term, without the eviction or interruption of any perfon, this extended to a tortious eviction. $ 41. This doctrine has, however, been long exploded and it has been fettled, that the law will never adjudge a perfon 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 perfon fhould covenant in the most general terms for the title to lands, yet fuch 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 evicted he has his action on the covenant. Whereas, if general covenants for a title fhould be conftrued to extend to tortious evictions, a way might be opened for fecret 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 cafe. Mountford Dyer 328 a. v. Catesby, Vide 2 Saund. 181 4. n. 10. § 42. A perfon conveyed certain lands in the pro- Dudley v. vince of New York, in North America, to a purchafer Folliott, 3 Term R. in confideration of 1200l.; and covenanted that the 584. purchaser should enjoy the premises without the let, trouble, trouble, hindrance, &c. of the vendor or his heirs, and of and from all and every other person and perfons whomfoever. The States of America feized 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 conHen. Black. ceived in terms more general than this covenant, has been restrained to lawful interruptions. Noble v. Smith, R. 34. Fofter Mapes, Cro. Eliz. § 43. But, where a person covenants to fave the purchaser harmless from all acts of a particular person, 212. Hob. 35. there the vendor is bound to defend the purchaser against the entry of that perfon, whether by title or not. $ 44. These covenants are real, and pass to all the affignees of the land, who may maintain actions upon them, against the vendor and his heirs. And ceftuis que use are grantees within the statute 32 Hen. 8. c. 34, and are, therefore, entitled to the benefit of all covenants entered into by perfons felling lands, for fecuring the title of fuch lands. $ 45. Rachael Boyes and her fon conveyed a copyhold estate by lease and release to a mortgagee, and covenanted for farther affurance. The fon died, and the mortgagee filed his bill against the customary heir of the fon, who was an infant, praying that he might be decreed to furrender the estate to the plaintiff. The |