KFLCC Kingdom Law 2nd Ed.

293

COUSIN

COVENANT

ing and delivery thereof, whereby some of the parties named therein engage, or one of them engages, with the other, or others, or some of them, therein also named, that some act hath or hath not already been done, or for the performance or non-performance of some specified duty. De Bolle v. Insur ance Co., 4 Whart (Pa.) 71, 33 Am. Dec. 38. Classification. Covenants may be classi fied according to several distinct principles of division. According as one or other of these is adopted, they are: Express or implied; the former being those which are created by the express words of the parties to the deed declaratory of their inten tion, while implied covenants are those which are inferred by the law 'from certain words in a deed which imply (though they do not express) them. Express covenants are also called cove nants "in deed," as distinguished from cove nants "in law." McDonough v. Martin, 88 Ga. 675, 16 S. E. 59, 18 U R. A. 343; Conrad v. Morehead, 89 N. C. 31; Garstang v. Daven port, 90 Iowa, 359, 57 N. W. 876. Dependent, concurrent, and independ ent. Covenants are either dependent, concur rent, or mutual and independent. The first de pends on the prior performance of some act or condition, and, until the condition is performed, the other party is not liable to an action on his covenant In the second, mutual acts are to be performed at the same time; and if one party is ready, and offers to perform his part, and the other neglects or refuses to perform his, he who is ready and offers has fulfilled his en gagement, and may maintain an action for the default of the other, though it is not certain that either is obliged to do the first act. The third sort is where either party may recover damages from the other for the injuries he may have received by a breach of the covenants in his favor; and it is no excuse for the de fendant to allege a breach of the covenants on the* part of the plaintiff. Bailey v. White, 3 Ala. 330; Tompkins v. Elliot, 5 Wend. (N. Y.) 497; Gray v. Smith (C. C.) 76 Fed. 534. Principal and auxiliary; the former being those which relate directly to the principal mat ter of the contract entered into between the parties; while auxiliary covenants are those which do not relate directly to the principal matter of contract between the parties, but to something connected with it. Inherent and collateral; the former being such as immediately affect the particular prop erty, while the latter affect some property col lateral thereto or some matter collateral to the grant or lease. A covenant inherent is one which is conversant about the land, and knit to the estate in the land; as, that the thing de mised shall be quietly enjoyed, shall be kept in repair, or shall not be aliened. A covenant col lateral is one which is conversant about some collateral thing that doth nothing at all, or not so immediately, concern the thing granted; as to pay a sum of money in gross, etc. Shep. Touch. 161. Joint or several. The former bind both or all the covenantors together; the latter bind each of them separately. A covenant may be both joint and several at the same time, as regards the covenantors; but, as regards the cove nantees, they cannot be joint and several for one and the same cause, (5 Coke, 19a,) but must be either joint or several only. Covenants are usually joint or several according as the inter ests of the covenantees are such; but the words of the covenant, where they are unam biguous, will decide, although, where they are ambiguous, the nature of the interests as being joint or several is left to decide. Brown. See

tion in all his letters and public acts; from which the use has descended to his successors, though the reason has long ago failed. Mozley & Whitley. —First cousins. Cousins-german; the chil dren of one's uncle or aunt. Sanderson v. Bay ley, 4 Mylne & C 59.— Second cousins. Per sons who are related to each other by descend ing from the same great-grandfather or great grandmother. The children of one's first cous ins are his second cousins. These are some times called "first cousins once removed." Slade v. Fooks, 9 Sim. 387; Corporation of Bridgnorth v. Collins, 15 Sim. 541.— Quater cousin. Properly, a cousin in the fourth de gree; but the term has come to express any remote degree of relationship, and even to bear an ironical signification in which it denotes a very trifling degree of intimacy and regard. Often corrupted into "cater" cousin. "Coustumier" In old French law. A collection of customs, un written laws, and forms of procedure. Two such volumes are of especial importance in juridical history, viz., the Grand Coustumier de Normandie, and the Coutumier de France or Grand Coutumier. A person who will ingly and knowingly received an outlaw, and cherished or concealed him; for which of fense he underwent the same punishment as the outlaw himself. Bract. 128&; Spelman. COUVERTURE, in French law, is the deposit ("margin") made by the client in the hands of the broker, either of a sum of mon ey or of securities, in order to guaranty the broker for the payment of the securities which he purchases for the client. Arg. Fr. Merc. Law, 555. A French word signify ing convenient or suitable; as covenably en dowed. It is anciently written "convenable." Termes de la Ley. The name of a common-law form of action ex con tractu, which lies for the recovery of dam ages for breach of a covenant, or contract under seal. Stickney v. Stiekney, 21 N. H. 68. In the law of contracts. An agreement, convention, or promise of two or more par ties, oy deed in writing, signed, sealed, and delivered, by which either of the parties pledges himself to the other that something is either done or shall be done, or stipulates for the truth of certain facts. Sabin v. Ham ilton, 2 Ark. 490; Com. v. Robinson, 1 Watts (Pa.) 160; Kent v. Edmondston, 49 N. C. 529. An agreement between two or more parties, reduced to writing and executed by a seal or " Coutumier.") COUTHUTLAUGH. COVENABLE. COVENANT. In practice. COUSINAGE. See COSINAGE. COUSTOM. Custom; duty; toll; tribute. 1 Bl. Comm. 314. COUSTOUMIER. (Otherwise spelled