And if the Thing to be done be in the Nature of it impoffible, the Covenant is void: And fo generally, where the Matter in a Condition will make the Condition void, because it is against Law, fuch Matter in a Covenant will alfo make it void as against Law.

Any one that is Party to the Deed to whom the Covenant is made, may take Advantage of the Covenant; but no Stranger may.

Where a Man is Party to a Deed, his Agreement to pay, &c. is a Covenant, though the formal Words Covenant, Grant, &'c. are wanting. 2 Mod. 269..

The Heir may take Advantage upon a Covenant, to warrant Land to the Feoffee and his Heirs. Dyer 338.

And Executors and Administrators may take Advantage of inherent Covenants, although they be not named; as if one Covenant with a Man to pay him Money at a Time to come, and do not fay, To his Executors, &c. and he die before the Time, his Executor or Adminiftrator may recover the Money. 5 Co. 17. Dyer

112, 271.

Grantees of Reverfions fhall have the like Advantage against Termors (by Action only) for any Covenant or Agreement contained in their Leafes, as the Leffors, their Heirs or Succeffors might, and fo alfo fhall Leffees against Grantees of Reverfions, by the Statute of 32 Hen. 8. c. 34. Recoveries in Value excepted; but this is meant of inherent Covenants, fuch as do concern the Thing granted, and tend to the Supportation of it. 5 Rep. 8.

And regularly, every Affignee of the Land or Thing demifed, fhall take Advantage of inherent Covenants; as a Covenant to have Efto

vers to burn Timber, or to repair, or that the Leffor or Leffee fhall repair, or the like; and therefore thefe Aflignees in Deed, and in Law Alignees of Alligns, in infinitum, fhall take Advantage; and Ailignees of Executors or Adminiftrators, Tenants by Statute or Ele Igit, or after a Sale upon a Fieri Fac', a Hufband in the Right of his Wife, any one of thefe, or any other that shall come lawfully to a Term unto which fuch a Covenant is incident, although he be not named, yet he may take Ad vantage of it. Co. 17.

In all Cafes of Inherent Covenants, though the Executors and Adminiftrators be not named, yet they are bound; and fo fhall Affignees in most Cafes of inherent Covenants, which tend to the fupport of the Thing granted. 5 Rep. 16, 17, 18. for thefe Covenants are faid to run with the Land.

An Heir fhall fcarcely be bound, except when exprefly named; as if the Covenant be for him and his Heirs to do any thing whatso ever, hereby the Heir is bound; but not otherwife. 5 Co. 17. Dyer 257.

An Affignee fhall fometimes be charged, tho' he be not named; and fometimes not, though he be named.

As when a Covenant doth extend to a Thing in effe, Parcel of the Demife; as a Covenant to repair, &c. the Affignee fhall be bound, tho' not named.

But if the Covenant be annexed to a Thing, not in effe before, as to build a new Houfe, or the like, here it will not bind the Affignees unlefs they are named.

And if the Covenant be to do a Thing meer ly collateral, it will not bind them, although

E 2

they

they be named; nor when the Contract is only Perfonal, concerning Stock of Cattle, or the like. 5 Co. 16.

If two Covenant for themselves jointly, one cannot be charged without the other; but if they Covenant severally, they may be fued apart, and if they Covenant jointly and feverally, they may be fued either Way. 5 Rep. 23. : When the Deed wherein the Covenants are contained, or the Eftate on which the Covenants, as acceffary to the Principal, do depend, is gone and determined, as by a Surrender of a Leafe for Life, or Years, there regularly the Covenants are gone alfo, though fuch Surrender doth not discharge a Breach of Covenant made before it.

If a Deed become void by Razure, or the like, the Covenants are gone alfo. 5 Co. 23. Dyer 20.

So when the Covenant is become impoffible to be done, as by Death, &c. 1 Co. 98. Plow.

286.

By an exprefs Covenant for quiet Enjoyment, the implied one is gone. 2 Co. 80.

So by a Release of all Covenants; but a Covenant by Deed cannot be discharged by Word.

If a Covenant be to do an Act to a Stranger, who refufeth it to be done, the Covenant is broke; but it is otherwife, if it were to be done to the Covenantee himself. Bro. Cov. 3. Fitz. bar. 62.

Acceptance of Rent from the Leffee, or Af fignee, after Covenant broken, doth not dif charge the Breach; but the Leffor may not withstanding have his Action of Covenant.

A

A Covenant must be either of a Thing paft or to come, and not prefent, to ground an Action of Covenant: Promife by Word to enjoy without Interruption of any Perfons, will ground an Action of the Cafe, if any Body diturbs the Poffeffion of the Covenantee.

A Covenant for quiet Enjoyment againft all claiming under him, is good against all Perfons as derive their Titles from fuch Covenantor; though a Perfon claiming that Eftate under another, and not the Covenantor, may enter, and be no Breach of Covenant in the Covenantor: But if the Covenant do extend to all Perfons whatsoever, Entry of any Perfon, under whomfoever the Claim be made, is a Breach of Covenant.

Though it is faid by fome, in a Covenant for quiet Enjoyment against all Perfons; if the Covenantee be difturbed by any Body, not through the Act or Means of the Covenantor, it is no Breach of Covenant.

If a Man Covenant to give Bond for quiet Enjoyment of the Land, without mentioning in what Penalty, the Law implies it to be the Value of the Eftate to be enjoyed. Co. 5. 78.

A Husband will enjoy Land leafed to his Wife, when fole, for a Term of Years after her Death during the Remainder of the Term; and if he be disturbed in the Poffeffion, he may take Advantage of the Covenant for peaceable Enjoyment implied in Law, if there be none in Deed. Co. 5. 17. Dyer 257, 47 E. 3. 12.

A Covenant will not hinder a Wife from her Dower after the Death of the Hufband, and fhe may enter on her Third Part without Breach of Covenant, unless the Dower be particularly mentioned to be freed and difcharged by the E 3

Cove

Covenant, notwithstanding the Covenant be to Peaceably, enjoy against all Perfons.

All Covenants must in Time and Place be exactly performed.

And in Cafe of Covenants on Condition, if the Condition be not obferved, the Covenant may not be performed.

Covenants to fettle or make Conveyances of Land upon Requeft, the Request must first be made, otherwife the Covenant will not bind the Covenantor to perform it.

Covenants to fettle Lands at a Time to come after Marriage, in Confideration of a Portion paid, and a Time is appointed for the Marriage; in this Cafe, whether the Marriage be folemnized at that Time, or after, the Covenantor must perform the Covenant within the Time limited. Trin. 21 Jac. B. R. George verfus Lane.

It is faid, That if a Servant Covenant to ferve me a Year, and I covenant to pay him a Sum of Money for it, which is an abfolute Covenant on both Sides; if he does not ferve me, I am nevertheless obliged to pay him, but then I may compel him to ferve the Time agreed: But if I covenant to pay him a Sum of Money, if he ferves me a Year, this is a Conditional Covenant, and I am not bound to pay him the Money unless he ferves me the Year. Co. Lit. 204. Dyer 371.

If one Covenant to do a Thing to a Man and his Affigns, or to a Man or his Affigns, by a Day, and before the Day the Man dies; in this Cafe it must be done to his Aigns, if he before the Day name any Affignce; and if he do not, it must be done to his Executor or Adminiftrator, which is an Affignee in Law. 27 H.

8.2.

All