tute, no warranty whatſoever is implied[1]; they bearing no ſort of analogy to the original feodal donation. And therefore in ſuch caſes it became neceſſary to add an expreſs clauſe of warranty, to bind the grantor and his heirs; which is a kind of covenant real, and can only be created by the verb warrantizo or warrant[2].
These expreſs warranties were introduced, even prior to the ſtatute of quia emptores, in order to evade the ſtrictneſs of the feodal doctrine of non-alienation without the conſent of the heir. For, though he, at the death of his anceſtor, might have entered on any tenements that were aliened without his concurrence, yet, if a clauſe of warranty was added to the anceſtor's grant, this covenant deſcending upon the heir inſured the grantee; not ſo much by confirming his title, as by obliging ſuch heir to yield him a recompenſe in lands of equal value: the law, in favour of alienations, ſuppoſing that no anceſtor would want only diſinherit his next of blood[3]; and therefore preſuming that he had received a valuable conſideration, either in land, or in money which had purchaſed land, and that this equivalent deſcended to the heir together with the anceſtor's warranty. So that when either an anceſtor, being the rightful tenant of the freehold, conveyed the land to a ſtranger and his heirs, or releaſed the right in fee-ſimple to one who was already in poſſeſſion, and ſuperadded a warranty to his deed, it was held that ſuch warranty not only bound the warrantor himſelf to protect and aſſure the title of the warrantee, but it alſo bound his heir: and this, whether that warranty was lineal, or collateral to the title of the land. Lineal warranty was where the heir derived, or might by poſſibility have derived, his title to the land warranted, either from or through the anceſtor who made the warranty; as, where a father, or an elder ſon in the life of the father, releaſed to the diſſeiſor of either themſelves or the grandfather, with warranty, this was lineal, to the younger ſon[4]. Collateral warranty was where the heir's title to the land neither was, nor could have been, derived from
