There may be also a DEFEAZANCE on a bond, or recognizance, or judgment recovered, namely, a condition, which, when performed, defeats, and undoes it in the same manner as a defeazance of an estate before-mentioned. It differs only from the condition of a bond; in that the one is always inserted in the bond or other instrument itself, the other is made between the same parties by a separate, and frequently by a subsequent deed. This, like the condition of a bond, when performed, discharges and disincumbers the estate of the obligor. 2 Bl. Com. 342. Co. Lit. 237. 2 Sand. 47.

CHAP. XII.

OF A COVENANT TO STAND SEIZED TO USES.

A COVENANT to stand seized to uses is an instrument of common assurance, whereby land, in some special cases, by a bare covenant only, without other doing, is conveyed from one man to another. Shep. Pr. 63.

It is a species of conveyance, by which a man seized of lands covenants, in consideration of blood or marriage, that he will stand seized of the same, to the use of his child, wife, or kinsman, for life, in tail, or in fee. 2 Bl. Com. 338.

A covenant to stand seized to the use of another must be by deed; for a covenant cannot be by parol. It must be by a person seized of lands and tenements, and consequently cannot embrace an equity or right, or contingency, though it may be of a reversion, or vested remainder; for the reversioner or remainder man is in the seizin.* Watk. Pr. 198.

* There is, however, A COVENANT TO STAND SEIZED to the use of another, which must necessarily be inserted in a declaration of trust and disclaimer of title, where lands have been purchased by and conveyed to a trustee for the use of another, which covenant may run in these words: "AND that in the meantime, and until such grant, release, conveyance and assurance shall be made, executed, and perfected, I, the said (trustee,) and my heirs, and all and every other persons deriving title from, through, or under me, them, or any, or either of them, shall and will stand seized of, and interested in all and singular the aforesaid messuages, lands, tenements, hereditaments, and premises, in trust only, and for the sole and only use, behoof, and benefit of the said (purchaser,) his heirs, and assigns for ever."

It cannot be by a corporation; for a corporation cannot be seized to an use, * or a tenant in tail, except as to his own life. Watk. Pr. 198.

It must be in consideration of marriage or blood; for a covenant to stand seized to the use of a stranger would be void. Watk. Pr. 129.

It must not be in consideration of money, for that would be as a bargain and sale; it can only operate when nade upon such weighty and interesting considerations as those of blood or marriage.+ Watk. Pr. 199. 2 Bl. Com. 338.

But it is not necessary that the consideration of blood be expressed, naming the covenantor, or cestui que use, as the wife, son, or the like, of the covenantor, is enough. Watk. Pr. 199.

And a person may covenant to stand seized in futuro, as from Christmas next, or after the death of a particular person, or if he be seized in fee-simple, that his heirs shall stand seized after his demise. Watk. Pr. 199.

The proper word is COVENANT, but other words may be tantamount, as if a person bargain and sell, in consideration of blood or marriage. Watk. Pr. 260.

So that such deed of bargain and sale be indented and inrolled, for otherwise nothing will pass. Shep. Pr. 64, 65. As soon as the use is raised, the statute immediately executes the estate; for the party intended to be benefited having thus acquired the use, is thereby, and by force of the statute of uses, put at once into corporal possession of the land, and there needs no livery of seizin, enrolment, or attornment, for the estate will pass without it. Shep. Pr. 67. 2 Bl. Com. 338. Watk. Pr. 200.

And note that in cases where, from any defect, the uses

* See p. 255, supra; and moreover as a corporation cannot marry, or cannot have any kindred or blood.

And if the covenant to stand seized be to the use of a bastard son, and his heirs, no use will arise hereby. Shep. Pr. 65.

will not arise by any such covenant; yet the covenant may enure to other purposes, as to give an action of covenant, or the like. Shep. Pr. 67. Touch. 511, 512.

FORM OF A COVENANT TO STAND SEIZED.

THIS INDENTURE, made, &c. BETWEEN (the covenantor,) ofof the one part, AND (the covenantee) of one of the children of the said (covenantor,) or (as the case is) of the other part. WHEREAS the said (covenantor) is seized of, or otherwise well entitled in fee-simple, and in possession to the several messuages, lands, tenements, hereditaments, and premises hereinafter described, and hath resolved and determined to assure the same to the use of the said (covenantee,) his said son and his heirs,* in the manner hereinafter mentioned: Now THIS INDENTURE WITNESSETH, that for and in consideration of the natural love and affection which the said (covenantor) hath and beareth towards the said (covenantee) and as a provision for him in life hereafter, and for other good and valuable considerations him thereunto moving; HE, the said (covenantor,) for himself and his heirs, doth covenant, declare, and agree to and with the said (covenantee) and his heirs, and by these presents expressly grant and warrant unto him, the said (covenantee) and his heirs THAT THE said covenantor) and his heirs shall and will from henceforth stand and be seized of, and in ALL, &c. [describing the parcels] or howsoever otherwise, the said messuages, lands, tenements, hereditaments and premises, or any of them now are, or is, or heretofore have or hath been situated, tenanted, called, known, or described together, with all houses, &c.; and all and all manner of other rights, privileges, easements, advantages, emoluments, appendages and appurtenances whatsoever, to the said messuages, lands, tenements, hereditaments and premises belonging, or in any wise appertaining, or with the same or any of them holden, used, occupied, or enjoyed, and of and in the reversion, &c. &c. &c. TO THE USE AND BEHOOF of the said (covenantee,) his heirs and assigns for ever, [or the heirs of the body of the said (covenantee,) lawfully begotten; and for default of such issue, to the use and behoof of the rightful heirs of him the

:

* Or if it is intended to settle the same to different family uses, say :"to the several uses hereinafter expressed, and declared of and concerning the same."

Sometimes a nominal money consideration is added, but this is better omitted. Fearne's Post.W. 29. and Lade v. Barker, 2 Vent.145, 266.

said (covenantee) for ever, or otherwise to the (covenantor) for life, with remainders over, as in the formal settlement of estates, according to the intention of the donor.] PROVIDED ALWAYS, and it is hereby declared and agreed, by and between the said (covenantor) and (covenantee), that it shall be lawful for the said (covenantor), at any time hereafter, by any deed or writing, under his hand and seal, to be by him sealed and delivered in the presence of two or more credible witnesses, or by his last will and testament in writing, duly executed and attested, to revoke and make void all or any of the uses, trusts, limitations, and estates hereinbefore declared, created, or expressed, either wholly, in part or otherwise, and in such manner and form as he the said (covenantur) shall think proper, any thing in these presents contained to the contrary thereof in any wise notwithstanding.* WITNESS, &c.

IN

* In a voluntary conveyance of this nature, covenants for the title are unnecessary, or at least cannot be required.