/1/
Suppose, now, that A gave land to B, and B conveyed over to C. If
C was sued by D, claiming a better title, C practically got the
benefit of A's warranty, /2/ because, when he summoned B, B would
summon A, and thus A [373] would defend the case in the end. But
it might happen that between the time when B conveyed to C, and
the time when the action was begun, B had died. If he left an
heir, C might still be protected. But supposing B left no heir, C
got no help from A, who in the other event would have defended
his suit. This no doubt was the law in the Anglo-Saxon period,
but it was manifestly unsatisfactory. We may conjecture, with a
good deal of confidence, that a remedy would be found as soon as
there was machinery to make it possible. This was furnished by
the Roman law. According to that system, the buyer stood in the
place of his seller, and a fusion of the Roman with the
Anglo-Saxon rule was all that was needed.
Bracton, who modelled his book upon the writings of the mediaeval
civilians, shows how this thought was used. He first puts the
case of a conveyance with the usual clause binding the grantor
and his heirs to warrant and defend the grantee and his heirs. He
then goes on: "Again one may make his gift greater and make other
persons quasi heirs [of his grantee], although, in fact, they are
not heirs, as when he says in the gift, to have and to hold to
such a one and his heirs, or to whomsoever he shall choose to
give or assign the said land, and I and my heirs will warrant to
the said so and so, and his heirs, or to whomsoever he shall
choose to give or assign the said land, and their heirs, against
all persons.
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