Collateral Undertaking

“Collateral” and “original” have become the L technical terms whereby to distinguish promises that are within, and such as are not within, the statute of frauds. 7 Har. & J. a 391, A the land neither was nor could have been derived frum the warranting ancestor. Thus where a younger brother released to his father’s disseisor, with warranty, this was collateral to the elder brother. The whole doctrine of collateral warranty seems repugnant to plain and unsophisticated reason and justice; and even ils technical grounds areso obscure that the ablest legal writers are not agreed upon the subject.

Wharton,