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No such notion was applied to warranties, or to any right which was regarded wholly from the point of view of contract. And when we turn to the history of those remedies for rent which sounded in contract, we find that they were so regarded. The actions of debt and covenant could not be maintained without privity.
Why should it be necessary for one covenant running with the land more than another? and if necessary for one, why not for all? /2/ The necessity of such mention in modern times has been supposed to be governed by a fanciful rule of Lord Coke's. /3/ On the other hand, the question is raised whether covenants which should pass irrespective of privity are not governed by the same rule which governs warranties.
"Be it in Latin then," she said, with a quick glance at the soldiers, and observing his bow of acquiescence, continued, "Thy reverend beard, O Prince, and respectable appearance, are warranties of a wisdom greater than I can ever attain; wherefore pray tell me how I, a feeble woman, who may not be able to release herself from these robbers, remorseless from religious prejudice, can be of assistance to thy daughter, now my younger sister in affliction."
By mentioning assigns the first grantor did not offer a covenant to any person who would thereafter purchase the land. If that had been the notion, there would have been a contract directly binding the first grantor to the assign, as soon as the land was sold, and thus there would have been two warranties arising from the same clause, one to the first grantee, a second to the assign.
It is recorded of Harvey's discovery of the circulation of the blood, that it found reception from no physician then over forty years old. We believe the splendid nebular construction of Laplace has its own difficulties; yet what noble or aspiring mind does not find interior warranties for the truth of that audacious synthesis?
"Haw, haw! Never frout about that," saith Bill, zame as I be tullin you; "us has warrants and warships enow, dree or vour on 'em. And more nor a dizzen warranties; fro'ut I know to contrairy. Shutt 'un, us manes; and shutt 'un, us will " Whai, Miss Annie, good Lord, whuttiver maks 'ee stear so?
If an ancestor had conveyed lands with warranty, this obligation could not be fulfilled by his executor, but only by his heir, to whom his other lands had descended. Conversely as to the benefit of warranties made to a deceased grantee, his heir was the only person interested to enforce such warranties, because the land descended to him.
"'Haw, haw! Never frout about that, saith Bill, zame as I be tullin you; 'us has warrants and warships enow, dree or vour on 'em. And more nor a dizzen warranties; fro'ut I know to contrairy. Shutt 'un, us manes; and shutt 'un, us will Whai, Miss Annie, good Lord, whuttiver maks 'ee stear so?
Covenants which started from the analogy of warranties, and others to which was applied the language and reasoning of easements, have been confounded together under the title of covenants running with the land. The phrase "running with the land" is only appropriate to covenants which pass like easements. But we can easily see how it came to be used more loosely.
If Lord Coke had meant to distinguish between warranties and all covenants which in our loose modern sense are said to run with the land, this statement would be less satisfactory than the preceding. A warranty was a covenant which sometimes yielded but damages, and a covenant in the old law sometimes yielded land.
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