This is the case
of singing and the like by a convent. It will be observed that
the service, although not falling on land, is to be performed by
a corporation permanently seated in the neighborhood. Similar
cases are not likely to arise now.
*B. With regard to covenants which go only with the estate in the
land:--
In general the benefit of covenants which cannot be likened to
grants, and the burden of which does not fall on land, is
confined to the covenantee and those who sustain his persona,
namely, his executor or heir. In certain cases, of which the
original and type was the ancient warranty, and of which the
modern covenants for title are present examples, the sphere of
succession was enlarged by the mention of assigns, and assigns
are still allowed to represent the original covenantee for the
purposes of that contract. But it is only by way of succession
that any other person than the party to the contract can sue upon
it. Hence the plaintiff must always be privy in estate with the
covenantee.
[406] C. It is impossible, however, to tell by general reasoning
what rights will be held in English law to belong to the former
class, or where the line will be drawn between the two. The
authorities must be consulted as an arbitrary fact.
Pages:
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497