4. Several covenant in a release by three vendors, joint tenants, 603 9. On a sale by tenant for life and remainder-man in fee.... 605 10. By tenant for life and remainder-men in fee: each as to the acts, and for the estates and interests of himself, his ..... 605 606 ... 606 .... 606 11. To be answerable only to a certain extent.. covenants .... 607 .. 607 14. By several persons entitled to lands in unequal shares.... 606 15. By persons entitled in shares, extending to acts of testators, 607 16. By a person entitled to a third part 17. By two severally as to distinct fifth shares. 18. By persons entitled in shares: several by three; joint and several by three others; and several by another ...... 608 19. By persons entitled to moieties in their own right........ 608 20. By two persons entitled in equal moieties, one in his own right, and the other in right of his wife 608 21. By husbands as to shares in their own rights, and in right of their wives...... 609 22. By vendors entitled in different shares, one being entitled jure uxoris..... 609 23. By intended husband and wife in a settlement of wife's pro perty .. 610 24. By persons in their own right, and others in right of testator, 610 25. By a person entitled to an estate for life and reversion in fee, 610 26. By two persons severally in an assignment of lands demised to them by two distinct leases; each as to the premises comprised in his lease.... .... 610 27. By each of two persons as to the deeds in his possession.. 611 28. Covenant to levy fine 611 A PRACTICAL TREATISE ON THE LAW OF COVENANTS. INTRODUCTORY REMARKS. THE frequent insertion of covenants in modern deeds, their variety and capability of modification, afford the most satisfactory evidence of their use and efficacy. From the earliest periods they have been resorted to as a means of securing the due and punctual performance of contracts, and the facility with which they were rendered available in courts of justice, recommended them to general adoption. The multiplicity of decisions on the subject in past times also well attests its importance, and how largely it has engaged the deliberations of our judicial tribunals. For a long series of later years, the Law of Covenants has been of increasing interest, and the source of most anxious legal investigation. The principles have, consequently, become more uniform and settled than formerly, and the whole law assumes a more scientific and systematic character. Covenants, as Lord Eldon has observed (a), (a) 15 Ves. 264. B may be for almost any thing; and the most casual observer cannot have failed to perceive how very considerable a feature they constitute in almost every modern conveyance. In fact, no part of the instrument requires more scrupulous nicety of attention. To all professional gentlemen a knowledge of the Law of Covenants cannot prove otherwise than of the utmost utility; but to the real property lawyer in particular, an intimate acquaintance with their nature, construction, and operation, is absolutely indispensable. His avocations necessarily bring his mind hourly in contact with that branch of the law; and unless he make himself perfectly familiar with its details, it is impossible for him to perform his required duties with honor to himself, or advantage to those who seek the benefit of his information and assistance. In the following sheets will be considered-First, The nature and kinds of covenants, and of the parties thereto; Secondly, The general rules of construction; Thirdly, The construction of, and other matters connected with, covenants of most ordinary occurrence in practice; Fourthly, The liabilities and rights arising from covenants; Fifthly, The remedies and relief incident thereto; and Lastly, will be noticed those covenants which are ab initio void; and the means by which others, valid in their creation, may be discharged or suspended. PART THE FIRST. OF THE NATURE AND KINDS OF COVENANTS, AND CHAPTER THE FIRST. OF THE NATURE OF COVENANTS. A COVENANT may be defined to be an agreement Definition. between two or more persons, by an instrument in writing, sealed and delivered; whereby some of the parties engage, or one of them engages, with the other or others of them, that some act hath or hath not already been done; or for the performance or non-performance of some specified duty. It has been said, that in general covenant will not lie on a contract in præsenti, as on a covenant to stand seised (b); or that a certain horse is yours (c); or shall henceforth be the property of another (d); yet, without doubt, in some cases, on a covenant in præsenti, as that the covenantor is absolutely seised of an estate of inheritance, and hath good right to (b) Pybus v. Mitford, 1 Mod. 121. 159; S. C. 2 Lev. 75; Freem. 351; T. Raym. 228; 1 Vent. 372; 3 Keb. 129. 239. 316.338. Plowd. 308. Finch's Law, 49, [b]. (c) Shep. Touch. 162. (d) Plowd. 308; Finch's Law, 49, [b]. |