A Practical Treatise on the Law of Covenants for Title

William Henry Rawle

Little, Brown,, 1887 - Covenants - 708 pages

Contents

• In general such effect held to depend on presence of covenants: 555
• Distinction between covenants implied in feoffments and in leases: 561
• Grounds upon which the doctrine is based: 565
• Nokes case: 219
• CHAPTER I: 1
• Doctrine generally based on preventing circuity of action: 2
• Its effect until Taltarums case: 9
• Not broken by easements not affecting the seisin: 14
• When superseded by covenants for title: 16
• CHAPTER IV: 20
• The usual covenants in England: 22
• The usual covenants in America: 28
• Theory of English conveyancing as to covenants by every one: 34
• Nor from the sovereign power: 51
• What constitutes fraud 539: 53
• When synonymous with the covenant for seisin: 58
• Result of the doctrine: 60
• 50: 66
• CHAPTER V: 68
• Seisin as distinguished from title and possession: 82
• Distinction between this covenant and a covenant to discharge incum: 88
• Local statutory provisions as to vendors concealment of incumbrance: 117
• Covenant broken only by eviction: 128
• When removal of incumbrance may be required: 132
• CHAPTER VIII: 140
• Covenant of warranty generally synonymous with that for quiet enjoyment: 148
• Covenant of warranty or of quiet enjoyment general or limited: 165
• Review of the cases upon the subject of eviction: 216
• Comparative scarcity of English authority on the subject 220: 216
• Review of decisions upon this subject: 229
• Neither vendor nor purchaser concluded by the consideration clause: 244
• Doctrine that an afteracquired title will defeat the purchasers action: 253
• Recovery of damages sometimes held to revest the title in the covenantor: 262
• Damages upon covenant against incumbrances: 269
• When incumbrance has been removed plaintiff entitled to recover: 275
• Interest on the consideration money allowed as damages: 281
• Origin of the doctrine obscure: 294
• Owner of the land entitled to benefit of all warranties and covenants: 300
• In England held that all the covenants for title run with the land: 306
• English rule adopted in Missouri Ohio Indiana Wisconsin and Iowa: 312
• But covenants for quiet enjoyment and of warranty everywhere held: 318
• Result in England and Kentucky: 324
• 596: 330
• Subsequent purchaser not bound by equities between covenantor: 331
• Right of assignee to sue in name of his assignor on covenants for seisin: 337
• Weight of authority is that possession taken under deed carries benefit: 343
• CHAPTER XI: 351
• Difference between liability of heir to respond in damages upon his: 358
• Right to defend where consideration is reservation of a ground rent: 364
• But later current of authority contra: 365
• Doctrine reviewed and criticised: 387
• But the effect is only that of personal rebutter: 397
• Summary of the authorities: 422
• Estoppel by consideration clause: 428
• How altered by statutes de bigamis and quia emptores: 435
• 54: 437
• Covenants not implied from recitals: 450
• Pennsylvania statutes reenacted in some States: 460
• Wright: 477
• Applied also to covenant for right to convey: 486
• Covenants may be limited by express agreement: 492
• Dissent from the doctrine: 493
• CHAPTER XIII: 502
• Reasons upon which it is supposed to be based: 508
• Liability of the heir: 514
• Liability of the devisee 522: 518
• Origin and sketch of those statutes: 518
• Extent of their application in the United States: 518
• How far covenants entitle purchaser to relief from payment of purchase: 518
• But as defendant sometimes allowed to detain purchase money 554: 518
• So where purchaser obliged to purchase outstanding title: 574
• Application of the rule: 580
• Where there is a covenant against a known defect or incumbrance: 592
• CHAPTER XV: 603
• Codrington: 615
• Reformation: 650

Popular passages

Page 215 - The rule of the common law is, that where a party sustains a loss by reason of a breach of contract he is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed.‎

Page 518 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.‎

Page 227 - ... that the will of the giver according to the form in the deed of gift manifestly expressed shall be from henceforth observed...‎

Page 389 - The principle deducible from these authorities seems to be that, whatever may be the form or nature of the conveyance used to pass real property, if the grantor sets forth on the face of the instrument, by way of recital or averment, that he is seized or possessed of a particular estate in the premises, and which estate the deed purports to convey, or, what is the same thing, if the seizin or possession of a...‎

Page 508 - Every contract entered into by a married woman shall be deemed to be a contract entered into by her with respect to and to bind her separate property, unless the contrary be shown.‎

Page 164 - ... indemnify against all persons, this is but a covenant to indemnify against lawful title ; and the reason is, because as it regards such acts as may arise from rightful claim, a man may well be supposed to covenant against all the world ; but it would be an extravagant extension of such a covenant if it were good against all the acts which the folly or malice of strangers might suggest; and therefore the law has properly restrained it within its reasonable import, that is, to rightful title.‎

Page 31 - CD, his heirs and assigns as aforesaid ; and that I will, and my heirs, executors and administrators shall warrant and defend the same to the said CD, his heirs and assigns forever, against the lawful claims and demands of all persons.‎

Page 304 - The benefit of a covenant implied as aforesaid shall be annexed and incident to, and shall go with, the estate or interest of the implied covenantee, and shall be capable of being enforced by every person in whom that estate or interest is, for the whole or any part thereof, from time to time vested.‎

Page 363 - If any person shall convey any real estate by conveyance purporting to convey the same in fee simple absolute, and shall not at the time of such conveyance have the legal estate in such real estate, but shall afterwards acquire the same, the legal estate subsequently acquired, shall immediately pass to the grantee, and such conveyance shall be valid as if such legal estate had been in the grantor at the time of the conveyance.‎

Page 456 - ... 1. That previous to the time of the execution of such conveyance, the grantor has not conveyed the same estate, or any right, title, or interest therein, to any person other than the grantee; 2. That such estate is at the time of the execution of such conveyance free from encumbrances done, made, or suffered by the grantor, or any person claiming under him. Such covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.‎

Bibliographic information

• Title: A Practical Treatise on the Law of Covenants for Title
• Author: William Henry Rawle
• Edition: 5
• Publisher: Little, Brown,, 1887
• Length: 708 pages