Covenant For Quiet Enjoyment

An assurance against the consequences of a defective title, and of any disturbances thereupon. Piatt, Cov. 312. By it, when general in its terms, the covenantor stipulates at all events (11 East, 642; 1 Mod. 101) to indem^nify the covenantee against all acts committed by virtue of a paramount title (Piatt, Cov. 313; 1 Lev. 83; 8 Lev. 305; Hob. 34; 4 Coke, 80b; Cro. Car. 5; 3 Term R. 584; 6 Term R. 66; 3 Duer [N. Y.] 464; 2 Jones [N. C] 203; Busb. [N. C] 384; 3 N. J. 260), not including the acts of a mob (19 Miss. 87; 2 Strobh. [S. C.] 366), nor a mere trespass by the lessor (10 N. Y. 151). It most generally occurs in leases. COVENANT IN DEED (called, also, "covenant in fact," French, covenant en fait, and "covenant expressed"). A covenant expressed in words, or inserted in a words necessary to constitute a covenant. The usual form is that the covenantor, "for himself, his heirs, executors, and administrators, covenants, promises, and agrees to and with (the covenantee), his heirs, executors, administrators, and assigns, that," etc. 1 Archb. N. P. 250; U. S. Dig. ^'Covenant." The formal word "covenant" itself is not absolutely essential for this purpose, Bouvier, voc. "Covenant," pi. 10, and cases there cited; Hilliard, Real^ Prop. 364.

An assurance against the consequences of a defective title, and of any disturbances thereupon. Piatt, Cov. 312; 11 East G41; Rawle, Cov. § 91. By it, when general in its terms, the covenantor stipulates at all events; 1 Mod. 101; to indemnify the covenantee against all acts committed by virtue of a paramount title; Piatt, Cov. 313; 4 Co. 80 b; Cro. Car. 5; 3 Term 584; Howard v. Doolittle, 3 Duer (N. Y.) 4G4; Parker v. Dunn, 47 N. C. 203; Hagler v. Simpson, 44 N. C. 3S4; Carter v. Denman's Ex'rs, 23 N. J. L. 2G0; not including the acts of a mob; Surget v. Arighi, 11 Smedes & M. (Miss.) 87, 49 Am. Dec. 4G; Rantin v. Robertson, 2 Strobh. (S. C. ) 367; nor a mere trespass by the lessor; Mayor, etc., of New York v. Mahie, 13 N. Y. 151, 64 Am. Dec. 538. But this rule may be varied by the terms of the covenant; as where it is against acts of a particular person; Cro. Eliz. 212; 5 Maule & S. 374; or those "claiming or pretending to claim;" 10 Mod..">S3; or molestation by any person. See Surget v. Arighi, 11 Smedes & M. (Miss.) 87, 19 Am. Dec. 46. It has practically superseded (he ancient doctrine of warranty as a guaranty of title, in English conveyances; 2 Washb. R, P. 661; but the latter is more common in conveyances in America; Rawle, Cov. § 91. It occurs most frequently in leases; i Washb. R. P. 325; Rawle, Cov. § 91; and is usually the only covenant used in such cases; it is there held to be raised by the words grant, demise, lease, yielding and paying, give, etc.; 1 P. & D. 360; Oroneh v. Eowle, 9 N. II. 222, 32 Am. Dec. 350; Vernam v. Smith, 15 N. Y. 327; 6 Bingh. 656; parol lease; 20 E. L. & Eq. 374; Carter v. Denman's Ex'rs, 23 X. J. L. 260; see Blydeuburgh v. Cotheal, 1 Duer (N. Y.) 176. It is usual in ground-rent deeds in Pennsylvania; Rawle, Cov. § 91.

An assurance against the consequences of a defective title, and of any disturbances thereupon. Platt, Cov. 312; Rawle, Co.v. 125. A covenant that the tenant or grantee of an estate shall enjoy the possession of the premises in peace and without disfurbance by hostile claimants. Poposkey v. Munkwitz, 68 Wis. 322, 32 N. W. 35, 60 Am. Rep. 858; Stewart v. Drake, 9 N. J. Law, 141; Kane v. Mink, 64 Iowa, 84, 19 N. W. 852; Chestnut v. Tyson, 106 Ala. 149, 16 South. 723, 53 Am. St. Rep. lOi ; Christy v. Bedell, 10 Kan. App. 430, 61 Pac. 1095.

Defined under Covenant in Black's Law Dictionary.