KFLCC Kingdom Law 2nd Ed.

295

COVENANT

CRAFT

ing it against another person, by which he agrees not to sue to enforce such right of ac tion.— Covenant of non-claim. A covenant Gometimes employed, particularly in the New England states, and in deeds of extinguishment of ground rents in Pennsylvania, that neither the vendor, nor his heirs, nor any other person, etc., shall claim any title in the premises con veyed. Rawle, Cov. § 22 — Covenant of right to convey. An assurance by the covenantor that the grantor has sufficient capacity and title to convey the estate which he by his deed un dertakes to convey.— Covenant of seisin. An assurance to the purchaser that the grantor has the very estate in quantity and quality which he purports to convey. 11 East, 641; Rawle, Cov. § 58. It is said that the covenant of seisin is not now in use in England, being embraced in that of a right to convey; but it is used in several of the United States. 2 Washb. Real Prop. *648; Pecare v. Chouteau, 13 Mo. 527; Kincaid v. Brittain, 5 Sneed (Tenn.) 121; Backus v. McCoy, 3 Ohio, 221, 17 Am. Dec. 585; De Long v. Sea Girt Co., 65 N. J. Law, 1, 47 Atl. 491.— Covenant of -warranty. An assurance by the grantor of an estate that the grantee shall enjoy the same without interrup tion by virtue of paramount title. King v. Kil bride, 58 Conn. 109, 19 Atl. 519; Kincaid v. Brittain, 5 Sneed (Tenn.) 124; King v. Kerr, 5 Ohio, 155, 22 Am. Dec. 777; Chapman v. Holmes, 10 N. J. Law, 26.— Covenant run ning with land. A covenant which goes with the land, as being annexed to the estate, and which cannot be separated from the land, and transferred without it. 4 Kent, Coram. 472, note. A covenant is said to run with the land, when not only the original parties or their rep resentatives, but each successive owner of the land, will be entitled to its benefit, or be liable (as the case may be) to its obligation. 1 Steph. Comm. 455. Or, in other words, it is so called when either the liability to perform it or the right to take advantage of it passes to the as signee of the land. Tillotson v. Prichard, 60 Vt. 94, 14 Atl. 302, 6 Am. St. Rep 95; Spen cer's Case, 3 Coke, 31; Gilmer v. Railway Co., 79 Ala. 572, 58 Am. Rep. 623; Conduitt v. Ross, 102 Ind. 166, 2/o N. B. 198— Covenant to convey. A covenant by which the cove nantor agrees to convey to the covenantee a certain estate, under certain circumstances.— Covenant to stand seised. A conveyance adapted to the case where a person seised of land in possession, reversion, or vested remain der, proposes to convey it to his wife, child, or kinsman. In its terms it consists of a covenant by him, in consideration of his natural love and affection, to stand seised of the land to the use of the intended transferee. Before the stat ute of uses this would merely have raised a use in favor of the covenantee; but by that act this use is converted into the legal estate, and the covenant therefore operates as a conveyance of the land to the covenantee. It is now almost obsolete. 1 Steph. Coram. 532; Williams, Seis. 145; French v. French, 3 N. H. 261; Jack Bon v. Swart, 20 Johns. (N. Y.) 85.

nial of the allegations of the declaration; and the further addition of "with leave," etc., imports an equitable defense, arising out of special circumstances, which the de fendant means to offer in evidence. Zents v. Legnard, 70 Pa. 192; Stewart v. Bedell, 79 Pa. 336; Turnpike Co. v. McCullough, 25 Pa. 303.

COVENT.

old

A contraction, in the

books, of the word "convent"

COVENTRY ACT. The name given to the statute 22 & 23 Car. II. c. 1, which pro vided for the punishment of assaults with, intent to maim or disfigure a person. It was so named from its being occasioned by an as sault on Sir John Coventry in the street. 4 Bl. Comm. 207; State v. Cody, 18 Or. 506, 23 Pac. 891. The phrase "covered In to the treasury," as used in acts of congress and the practice of the United States treas ury department, means that money has actu ally been paid into the- treasury in the regu lar manner, as distinguished from merely depositing it with the treasurer. U. S. v. Johnston, 124 U. S. 236, 8 Sup. Ot 446, 31 L. Ed. 389. Covered, protected, sheltered. A pound covert is one that is close or cov ered over, as distinguished from pound overt, which is open overhead. Co. Litt. 476; 3 Bl. Comm. 12. A feme covert is so called, as be ing under the wing, protection, or cover of her husband. 1 Bl. Comm. 442. —Covert baron, or covert de baron. Un der the protection of a husband; married. 1 Bl. Comm. 442. La feme que est covert de baron, the woman which is covert of a husband. Litt. § 670. The cdndition or state of a married woman. Sometimes used elliptic ally to describe the legal disability arising from a state of coverture. Osborn v. Horine, 19 111. 124; Roberts v. Lund, 45 Vt 86. A secret conspiracy or agree ment between two or more persons to injure or defraud another. Mix v. Muzzy, 28 Conn. 191; Anderson v. Oscamp (Ind. App.) 35 N. E. 707; Hyslop v. Clarke, 14 Johns. (N. Y.) 465. COVINOUS. Deceitful; fraudulent; hav ing the nature of, or tainted by, covin. Pusillanimity; fear; misbehavior through fear in relation to some duty to be performed before an enemy. O'Brien, Ct M. 142; Coil v. State, 62 Neb. 15, 86 N. W. 925. CRAFT. 1. A general term, now com monly applied to all kinds of sailing vessels, ,though formerly restricted to the smaller COVER INTO. COVERT. COVERTURE. COVIN. COWARDICE.

COVENANTEE.

The party to whom a

covenant is made. Shep. Touch. 160.

COVENANTOR.

The party who makes

a covenant. Shep. Touch. 160.

COVENANTS PERFORMED. In Penn sylvania practice. This is the name of a plea to the action of covenant whereby the defendant, upon informal notice to the plain tiff, may give anything in evidence which he might have pleaded. With the addition of the words "absque hoc" it amounts to a de