the fale. It was impoffible to fay there was no risk : if there was any, those persons fhould indemnify against it, who were paid as for a perfect title.

The above cafe of Lloyd v. Griffiths was stated: and it was faid that the decifion in that cafe, and the principles therein laid down, had never been controverted; but, on the contrary, had been the rule adhered to and pursued in practice by every conveyancer of that time.

It might be objected, that purchasers would have an equal right to call upon fimple contract creditors, whose debts were by will charged on the real estate, 10 covenant for the title; and that in fales under the crown, or by the affignees of bankrupts, there were

no covenants.

To which it was anfwered, that with refpect to fimple contract creditors, whofe debts were charged by the will upon the real estate, they could not be confidered as volunteers, and standing in the place of the testator; and the courfe and practice of conveyancing had been, not to require that they fhould be parties to the conveyance, or enter into any covenants. The argument, therefore, in this cafe could not imply, on the part of the vendors, any undertaking for fuch covenants, and the appellants did not require what it was unufual to grant. As to contracts for the purchase of an eftate from the crown, or from the affignees of a bankrupt, the party, who contracts to buy, is apprised at the time he enters into the contract,

that

that he can have no covenants for the title; and, therefore, in these cafes there is no breach of agree.. ment on the part of the vendees, which made them perfectly distinct from the prefent. Besides, the cafes last mentioned were exceptions to the genera ruie; and could not therefore be urged to prove its nonéxistence.

On the other fide it was contended, that the appellants were not entitled to any other covenants than fuch, as were usually entered into by trustees, and a difinherited heir at law. If it were adopted as an éstablished principle, that the perfons beneficially interested in the monies, arifing from the fales of eftates circumstanced as the eftate in queftion was, were neceffaty parties to the conveyance of fuch estates; and that they must enter into covenants for the title in proportion to the intereft they respectively claimed in the purchase monies, the inconvenience would be without measure, and the execution of numberless trufts rendered impoffible. It would extend to all fales from the affignees of bankrupts; to all fales by trustees for the payment of debts, where the creditors were not named, and frequently could not be found, until after it might be neceffary to fell the eftate; to all fales where infants were, and unborn perfons were, when born, to be interested in the purchase money in any degree; and even to fales under decrees of courts of equity Befides, if the covenants required could be infifted upon, it was eafy to conceive the impoffibility, in many cafes, and the difficulty and expence, in most cafes, of ascertaining the quantum of damages

VOL. IV.

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to

to be answered by the covenantor, his heirs, executors, administrators, or affigns, at perhaps very diftant periods of time. Many more objections must neceffarily occur to any one converfant with the fubject. It had been urged that the legatees, chiefly interefted in the purchase money, ought to covenant to the value of their intereft: but the rule and principle, upon which the court was to act, could not poffibly depend on the quantum of the legacy, which a party took. Every fimple contract creditor, whofe debt was paid out of money arifing from the fale of land, charged with fimple contract debts, in fact, receives payment of his legacy, under the effect of that will. If any of the legatees are compellable to covenant for the title, all of them must be compellable to covenant in respect of the value of their legacies, whether vefted, contingent, remote, to be presently paid, or to be paid in future, to be enjoyed in grofs, or to be taken by persons born and unborn in fucceffion; and every fimple contract creditor, who could not have his debt paid, if the will had not charged the land purchased, and who, under the will takes before legatees, must also be compellable to covenant to the value of his debt.

Such covenants, therefore, as were then required, must be mischievous; principle could not require that they should be inferted; and in practice they were feldom inferted in conveyances by trustees of eftates, devised to them to be fold.

In the prefent cafe, the purchasers knew they were contracting with fuch trustees; and of course they purchased with notice that they could only expect to have from thofe, with whom they contracted, fuch covenants as were, in the ordinary courfe of business, entered into by trustees, and a difinherited heir at law, in cafe he was willing to join in the conveyance. And they further knew the almoft utter impoffibility, in the present case, of procuring fome of the perfons beneficially interested in the purchase money, to execute the propofed conveyance, on account of their refidence beyond the feas; and there was nothing in this cafe, which calls for a deviation from the common course of bufinefs. The title was clear; and there was no fair objection which could be made against it.

The decree was affirmed with 200 /. cofts.

$ 70. The eighth and laft part of a deed is the Conclufion. conclufion, which mentions the execution of the deed, and the date, either exprefsly or by reference to fome day and year previously mentioned.

Different
Kinds of
Deeds.

Section 1.

AVING difcuffed the general nature of deeds,

HAVING

it will now be neceffary to confider the several kinds which are known to the law, together with their various incidents and qualities. All deeds by which lands may be conveyed or charged derive their effect, either from the common law, or from the ftatute of ufes. Of thofe which derive their effect from the common law, fome may be called original or primary, which are those by means whereof the estate is originally created or arifes. Others are derivative or fecondary, whereby an estate already created, is enlarged, restrained, transferred, or extinguished. And there is a third clafs which are used, not to convey, but to charge or incumber lands, and to discharge them again.

§ 2. The