Covenant To Convey

A covenant by which the covenantor undertakes to convey to the covenantee the estate described in the covenant, under certain circumstances. This ' form of conditional alienation of lands is in frequent use in several of the United States. 14 Pa. St. 308; 19 Barb. (N. Y.) 639; 4 Md. 498; 11 111. 194; 19 Ohio, 347. Substantially the same effect is secured as by a conveyance and a mortgage back for the purchase money, with.the important difference, however, that the titlfe of course remains in the covenantor till he actually executes the conveyance. The remedy for breach may be by action on the covenant (29 Pa. St. 264), but the better remedy is said to be in equity for specific performance (1 Grant Cas. [Pa.] 230). It is satisfied only by a perfect conveyance of the kind bargained for (19 Barb. [N. Y.] 639); otherwise where an imperfect conveyance has been accepted (4 Md. 498). COVENANT TO STAND SEISED TO uses. A covenant by means of which, under the statute of uses, a conveyance of an estate may be effected. Burton, Real Prop. §§ 136, 145. Such a covenant cannoi furnish the ground for an action of covenant broken, and in this respect resembles the ancient real covenants. The consideration for such a covenant must be relationship either by blood or marriage. 2 Washb. Real Prop. 129, 130. See 2 Seld. (N. Y.) 342. As a mode of conveyance it has fallen into disuse; though the doctrine is often resorted to by courts in order to give effect to the intention of the parties who have undertaken to convey lands by deeds which are insufficient for the purpose, under the rules required in other forms of conveyance. 2 Washb. Real Prop. 155, 156; 2 Sanders, Uses, 79, 83; 4 Mass. 136; 18 Pick. (Mass.) 397; 22 Pick. (Mass.) 376; 5 Me. 232; 11 Johns. (N. Y.) 351; 20 Johns. (N. Y.) 85; B Yerg. (Tenn.) 249.

A covenant by which the covenantor undertakes to convey to tb e.euaiitee fne estate described in the cov. nant. under certain eireumsta; Tliis form of conditional alienation of lands Is in frequent use; Espy v. Anderson, 14 Pa. 308; Atkins v. Bahrett, 19 Barb. (N. Marshall v. Haney, Dec. 92; Morgan v. Smith, 11 111. and a mortgage back for the purchase-money, with this important difference, however, that the title remains in the covenantor until he actually executes the conveyance. The remedy for breach may be by action 011 the covenant; Haverstick v. Gas Co., 29 Pa. 254; but the better remedy is said to be in equity for specific performance; Poor Directors v. Mc Fadden, 1 Grant Cas. (Pa.) 230. It is satisfied only by a perfect conveyance of the kind bargained for; Atkins v. Bahrett, 19 Barb. (N. Y.) 639; otherwise where an imperfect conveyance has been accepted; Marshall v. Haney, 4 Md. 498, 59 Am. Dec. 92. COVENANT FOR FURTHER ASSUR-

A covenant by which the covenantor agrees to convey to the covenantee a certain estate, under certain circumstances.

Defined under Covenant in Black's Law Dictionary.

A covenant by which the covenantor agrees to convey to the covenantee a certain estate, under certain circumstances.