Page:Black's Law Dictionary (Second Edition).djvu/303

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COVENANT 29

in,-.1 it against another person, by which he ucrers not to sue to enforce such right of ac- nuu.—Cnvennnt of non-claim. A covenant nmnctimes employed. paitivuiarly in the New England states, and in deeds of extiu,:uislim(-ut of ground rents in Pa: 'ylvani:1. that neither Lhe vnmlor, nor his her . nur nny other person. etc. shall claim any title in the metnises routuycd. Rawle, Cov. § {'.2.—Cuvenau1t of right to convey. An assurgxnco by the coveuanlor that the gr.-mtor has sufficicnt capacity and title to convey the Lstate which he by his deed un- ulertakcs to (‘unvcy.—Covena.nt of seisin. An nssunmce to the purchaser that the grantor has 11:: very estate In quantity and quality which he purports to convey. 11 East. 6-ll; Ilmvle. l.'ov. § 58. It is said thnt the covenant of seisin is not now in use in Fhizland, being embraced II] that of a right to convey: but it is used In several of the United States. 2 Wasllb. ll:-nl Prop. ‘G-13: Pm-are v. tlhouteau. 13 Mo. 3'17: Kincaid v. Briltain. 5 Snuad (Tcnn.) _ , Imckus v. ML-Coy. 3 Ohio, £1. 17 Am. Dec ' De Long v. Sca (:irt (_u.. 65 .\l. J. Low, 1, At] 491.—Cove.na.nt of warranty. Au us-urnuce by the grantor of an estate that the uunl‘PB shall enjoy the same without internm- King v. Kil- Kincaid v. King v. Kerr,

Chapman V.

. —Covenant running with land. A covenant which goes with the land, as being annexed to the estate, and nhich cnnnot be separated from the isud, and lmusferred without it. Kent. Comm. 472, nnre. A covenant is said to run with the land. |'.Il9n not only the originnl parties or their rep-

-snutzitives, but each successive owner of the

hurl, will be entitled to its hr-mfit, or he liable -as the ("Isa mav ho) to its oh|i- lion. 1 Stnph. Pomm. 455. Or, in other words, It is so vallcd when either the liahility to pr-rfomi it or the right to take advantage of it passes to the as- ~'_:m‘o of the Innd. Tillntson v. Prirhurd. 00 r 9-1, 14 .-\tl. 302. 6 Am. St. Rep. 95: Spon- r- rs Case, 3 Coke. 31: Gilmor v. Rniln uy Co.. lo. 572. 58 Am. Rep. 62'; Conduitt v.

.. 102 Ind. 166. 26 N. E. I9S.—Cnvenant to convey. A covenant by which the cove- nanlnr a_:u~es to cnuvcy to the covenantee a certain estate, under certain circumstances.- Covenant to ntaml seised. A C0nVt‘_'1lJ('e .lfill|)l(‘t'i to the case where a person scised of mud in possession. reversion, or vested romainder. proposrs to convey It to his witn, child. or kinamnn. In its terms it consists of u covonunt hy him. in consideration of his natural love nnd slrection, to stand sclsed of the land to the no~ of the intended transferee. Before the statuto of uses this would mvrr-Iy have rniscd a use In favor of the coveuuntee; but by that act this use is cnnvcrteti into the legal estate, and the nnreunnt then-fore operates as a conveyance of l“" land to the cnvenantee. It is now almost

IlwInu-

nhsulete. 1 Strph. Comm. 532: Williams. Seis. H French v French 3 N. Fl 261; l](3k-

Snort. 20 Johns. Y.) 85-.

COVENANTEE. The party to whom ll covenant is made. Shep. Touch. 160.

COVENANTOR. The party who makes in covenant, Shep. Touch. 160.

COVENANTS PERFORMED. In Pennsylvania pramlce. This is the name 01' ll plea to the action of covenant whereby the ll-fr-rd-int, upon informal notice to the plainnl may give anything in eiidence which he ml.r;hl have pleaded. With the addition of the words "sbsque hoc" it amounts to a de-

a CRAFT

nial of the allegtitious of the declaration: and the further addition of “with leave,” etc., 'iIL|I,lDl'f.‘l an equitable defense, arising out of speciai circumstances, is hich the defenduht means to ofl"er in evidente Zents V. Legnard, 70 Pa 192; Stewart v. Dc-dell. 79 Pa. 330; Turnpike Co. v. McCuliough, % I’ . 303.

GOV]-]N'l.‘. A contraction, books, of the word "convent."

in the old

COVENTRY ACT. The name given to the statute 22 & 23 Car. II. c. 1, which pro- vided for the punishment of assauits with intent to main: or disfigure a person. It was so named from its being occasioned by an assault on Sir John Coventry in the street. 4 Bl. Comm. 207; State v. Cody, IS Or. 506, 23

Puc. 89L

COVER INTO. The phrase "covered toto the treasury," as used in acts of congress and the practice of the United States treas- nry department. means that money has actunlly been paid into the treasury In the regu- lar manner, as distinguislied from merely depositing it with the treasurer. U. S. V. Johnston, 1:34 U. S. 236. 8 Sup. Ct. 4-16, 31 L. Ed. 389.

COVERT. Covered. protected. sheltcred

A pound covert is one tllat is 1.105% or covered over, as distinguished from pa-urrd overt. which is open overhead. Co. Litt. 47b: 3 Bl. Comm. 12. A farm: cover! is so called, as being nuder the wing. protection, or corcr of her husband. 1 Bl. Comm. 4-ll. -—Covert baron, or covert do baron. Under the pl‘0tev‘[iol] of o husluud: mmnerl. 1 Iil. (‘nrnm -I-£2. La fcmc gm: eat conrrl tie Imrun, the Won.mn which is covert of B. husband. Litt. § 670.

COVERTURE. The condition or state of a married woman. Sometinn-s used elliptic- slly to describe the legal disnlilllty arising from a state of coverture. Osborn v. Iloriue, 19 I11. 124; Roberts v. Lund, 45 Vt. 86.

COVIN. A secret conspiracy or agreement between two or more persons to injure or defraud another. Mix v Muzzy. 28 Conn. 19]; Anderson v. Oscuinp (Ind. App.) .5 N. E. 707; Hyslop v. Clarke, 14 Johns. (N. Y.) 465.

COVINOUS. Deceitfnl: fraudulent; having the nature of, or tainted by. covin.

C 0 WA R D I C E. Pusillanliuity; fear: misbehavior through fear in relation to some

G

duty to be performed before an euen1y.L

O'Brien, Ct. M. 1-12; Coll v. Stats. 6'2 Neh. 15, 86 N. W. 925.

CRAFT. 1. A general term. now com- monly appiied to :11] kinds of sailing vessels,

though formerly restricted to the smalier