It was a promise by deed, and a
promise by deed was a covenant. /1/ This was a covenant having
peculiar consequences attached to it, no doubt. It differed also
in the scope of its obligation from some other covenants, as will
be shown hereafter. But still it was a covenant, and could
sometimes be sued on as such. It was spoken of in the Year Books
of Edward III. as a covenant which "falls in the blood," /2/ as
distinguished from those where the acquittance fell on the land,
and not on the person. /3/
The importance of this circumstance lies in the working of the
law of warranty upon other covenants which took its place. When
the old actions for land gave way to more modern and speedier
forms, warrantors were no longer vouched in to defend, and if a
grantee was evicted, damages took the place of a grant of other
land. The ancient warranty disappeared, and was replaced by the
covenants which we still find in our deeds, including the
covenants for seisin, for right to convey, against incumbrances,
for quiet enjoyment, of warranty, and for further assurance. But
the principles on which an assign could have the benefit of these
covenants were derived from those which governed warranty, as any
one may see by looking at the earlier decisions.
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