All Covenants ought to be by Deed, and not Verbal; but if the Words be Promife, or Agree, it will amount to a Covenant; but it the Sentence begins conditionally, it will be no Covenant; and when the Words of Condition and Covenant are coupled together, as, Provided always, and it is covenanted, &c. thefe will amount to both a Condition and a Covenant.

If a Man grants to another the Manor of D. in which he hath nothing, and Covenants that he hath good Right to grant it, whereas he had no Right; this is a Breach of Covenant. 2 Bulft.

12.

It is agreed, That A. fhall pay B. 100 l. for Lands in D. it is a mutual Covenant; and Covenant lies if B. will not Convey. 1 Syd. 423.

A Covenant to pay Money at feveral Days, and Failure is made of Payment the first Day, the Covenant is broken. Co. Lit. 292.

A Covenant to repair, fuftain and amend a House, and the Houfe is burnt by the Negligence of the Covenantor, and not repaired. again, it is a Breach of the Covenant. Dyer 324.

It is faid, Where there are two Claufes in a Deed repugnant one to the another, the first will take Place; except there be fome fpecial Reafon to the Contrary. In a Will, contra.

Though no Warranty is good in a Leafe for Years, yet it may be good as a Covenant.

The Covenants, as well as all other Parts of the Deed, are fubject to general Expofition one with another; and always inoft ftrongly taken against the Covenantor, and moft in Favour of the Covenantee. Plow. 287.

There are three Sorts of Warranties (viz.) Warranty. Warranty Lineal, Warranty Collateral, and Warranty which commences by Diffeifin. E 4

The

The firft is, When he on whom it defcends might poflibly have claimed the Land as Heir to him that made it.

The fecond is, Where the Party on whom it defcends cannot convey the Title which he hath to the Land from him who made it.

The third and laft is, Where the Conveyance to which it is annexed, works a Diffeifin; or a Diffeifin, &c. is made with an Intent to make a Feoffment with Warranty.

Collateral Warranty at Common-Law, defcending on the Heir of him that made it, was a Bar in all Cafes; but at this Day no Collateral Warranty made by Tenant for Life, or any Person who hath no Estate or Inheritance in the Land is a Bar.

Warranty by Diffeifin was never any Bar.

Warranty defcendeth always to the Heir at the Common-Law. If the Eftate to which it is annexed may be defeated, the Warranty may alfo. Noy 84.

Warranty is alfo divided into Warranty in Deed, and Warranty in Law.

Warranty in Deed, is that which is expreffed in the Deed.

And the other is, when it is not expreffed by the Party, but tacitly made and implied by the

Law.

The Effect of a Warranty in Deed is, that it doth always conclude and bar the Warrantor himself of the Land fo warranted for ever; fo that all his prefent and future Rights, that he hath or may have therein, may thereby be barred. 4 Co. 201. 10 Rep. 97. Co. Lit. 265, 365.

The Words Dedi and Concefi, in a Feoffment make a good Warranty in Law: Co. Lit. 384. Co. 84, 5 Co. 17. which is a general Warranty againft

4

againft all Perfons during the Life of the Feoffor: And an exprefs Warranty in the Deed, doth not take away the implied one in Law,

If a Man by his Will and Teftament devise Lands to another Man, for Life or in Tail, rendring Rent, there is a Warranty in Law annexed. Co. Lit 384.

But an express Warranty may not be made by Will, because it cannot take Effect in the Life-time of the Anceftor; and where the Anceftor is not bound, the Heir cannot be bound by any exprefs Warranty. Lit. Sect. 734.

Every Partition and Exchange implieth in it, and hath annexed to it a fpecial Warranty in Law. Idem 102, 384. And it extendeth reciprocally to and againft the Heirs of both Parties only to the fame Land that is given in Exchange. 4 Co. 121.

If one make a Gift in Tail, or Leafe for Life of Land, referving Rent, there is an implied Warranty annexed against the Donor or Leffor, his Heirs and Affigns. Co. Lit. 334. 4 Co. 81. Warranty in Law, and Affts, may fometimes be pleaded in a Formedon.

It is a Maxim in Law, That the Heir fhall never be bound to any Warranty, but where the Anceftor was bound by the fame Warranty. Vide Co. Lit. 47. 6.Co. 69. Dyer 42.

If one grant to warrant Land to another and his Heirs, and doth not fay against what Perfons; this shall be taken for a general Warranty against all Men. 1 Co. 1.

If one make an Eftate, and grant to warrant the Land, and doth not fay how long; this fhall be taken for as long as the Eftate doth laft, to which the Warranty is annexed.

All

All fuch as are named in the Deed regularly, fhall take Advantage of the Warranty: And if the Warranty be to a Man, his Heirs and Af. figns; in this Cafe, both his Heirs and Affigns may take Advantage of it, fo as they come in, in Privity of Eftate. Co. Lit. 365.

A Warranty may be made upon any kind of Conveyance, as upon Fines, Feoffments, Gifts, &c. Alfo a Warranty may be made by and upon Releases and Confirmations, made to the Tenant of the Land; and fome fay, although he hath no Right to the Land. Co. Lit. 372, 385.

If the Tenant be impleaded by the Warrantor, he may Rebut, (viz) fhew forth the Warranty against him, and pray Judgment if he fhall demand contrary to his Warranty.

If by a Stranger, then he may vouch the Warrantor or his Heirs; or before he be fued he may bring a Warrantia Charte against the Warrantor, or his Heirs, which binds all the Lands of the Warrantor from the Time of the Writ brought unaliened, F. N. B. 134. Co. Lit. 102.

Every Warranty which defcends, doth defcend to him that is Heir to him which made the Warranty, by the Common Law. Noy 154.

A Warranty Lineal or Collateral may be defeated, determined or avoided, in. All or in Part, fometimes by Matter in Law, fometimes by Matter in Deed. Co. Lit. 292, &c.

And if the Eftate to which the Warranty is annexed be spent, the Warranty is determined. 10 Co. 96. Co. Lit. 392.

So it is upon a Partition made by Jointenants. 6 Co. 12.

So it may by a Release of the Party that hath the Warranty, or the Eftate to which the War

ranty

arranty is annexed; as if the Release be to him that is bound to warrant, of all Warranties, or all Covenants real, or all Demands. So it may be by a Deteazance, whereby the Parties a gree, that the Warranty fhall be void. Co. Lit. 392, &c.

By force of a Warranty there can be but one full Recompence in Value; but in Respect of divers Estates there may be divers. Co. Lit. 393.

If one bind himself and his Heirs to warranty, and after be attainted of Treafon or Felony, his Iffue fhall not be barr'd, though his Anceftor were afterwards pardon'd.

And if the Warrantor himself gain a Release of all Warranties and Demands, neither he nor his Iffue fhall be barr'd.

The Word Warrantizo, is the only apt and effectual Word to make an exprefs Warranty, or Warranty in Deed, and therefore this Word only is used in Fines: And the Words, Defendo, or Acquitto, albeit they be commonly ufed in Deeds, yet of themselves, without the other, will not make a Warranty. Lit. Sect. 733. Co. 5. 17, 18.

A Warranty must be by Deed, and not Word of Mouth, to make it exprefs; and an express Warranty may be of any Thing granted for Life, but not for Years, or of any other Chattel. Co. Lit. 365, 389.

If one enter into my Land, having no Right at all, and make a Feoffment to another with Warranty; this Warranty doth commence by Diffeifin.

And fuch Warranties commencing by Diffeifin, or Wrong, are void as to the Perfons diffeiffed, though they be Heirs to them that made them.

All