Nevill Minor Abstracts 186970 JPEG

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Every one. And in VA VC Ch 116. S7. as to every one where no heritage {depends} descends from the warranty ancestor. 3h Remedies to make ancient warranty available. wh: con 1i The naure of Remedy wh: con 1k Rebutter — to [quit] claim of heir &c 2k Warrantin. Chartae — to recover Compensation 3k Voucher to Warranty to recover compen— sation. Absolished probably in Virginia as incident to writs of Right V.C. 135 S.38 2i Mode of Recovery Recovery in lands of value which those lost bore at the (...) of the Warranty 3i In favor of & against whom applicable 2g Modern Covenants of Title 2 Bl com 304. 4 Kents Com 468 &c 2 Lomax Digest 249 &c Wh: con: 1h Forms of modem Covenants of Title Constituted by any words except the single phrase "Will Wanrrant"

2{1}0 standing alone which still amounts the, Ancient Warranty Sec VC Ch. 117. S. 9&10 2h The several sorts of covenant of Title. wh: con. 1i Nature of modern Covenants of Title in respect of the persons whose Claims are embraced in it. wh: con 1k General Warranty Warranty against the claims of all persons in general 2k Special Warranty Warranty against the claims of named persons only e.g. of the grantor & his heirs. 2i Nature of modern Covenant of Title in respect of the defects of Title to which it is applicable wh con: 1k Usual covenant of Title in Virginia That Grantor will warrant & defend the title against all persons [Drawing of hand pointing to text] Liable to grant, objections because it is vogue & indefi— nite in meaning & {acc} because according to the most liberal {cons} construction it is not violated & is

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therefore not available until after eviction See V.C. Ch 117. S. 10. 12 2N The proper covenants of of Title usual in England (and there— fore called "the Eng— lish covenants") and Expedient everywhere V.C. Ch 117 S 10. 12 wh: con: 1i That grantor is seized in Fee—Simple 2i That grantor has lawful power & Right to convey in Fee-Simple 3i That Grantee shall have quiet & peacable possession & enjoyment 4i That premises are free from incumbrances. 5i That grantor will make any further assurances reasonably required — 3h Remedies for Breach of Modern covenant of Title wh: con. 1i Nature of Remedy The personal action of covenant 2i The modes & measure of Recovery Recovery in Money The measure the value of the land of Date of covenant 7f Conclusion including Date, 2 Bl. Com. 301

2{3}2 x4l The several sorts of con— veyance wh: con. 1f Conveyances at & by force of common law wherein consider 1g Primary conveyances. Conveyances not pre— supposing any interest in the lands then subsisting. 2 Bl. Com. 310. 4 Kents Com. 480 &c 2 Law Digest 75. wh: con. 1h Feoffment Conveyance in Fee— Simple & requiring at Common Law, livery of seisin to Consummate it 2h Gift Conveyance in Fee— Tail and requiring livery of seisin to consummate it 3h Lease Conveyance for life or years or at will & in case of conveyance for life requiring livery of seisin to perfect it. In case of conveyance for years or at will — taking possession is required to con— summate it but not livery of seisin 4h Grant Conveyance of incorporeal here— ditaments. No livery of seisin required or possible.

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5h Exchange 6h Partition 2g Derivative Conveyances Conveyances pre—supposing some subsisting interest in the lands in the grantee — 2 Bl Com 324 &c 2 Lom Dig. 97 &c wherein con. 1h Release wh confer 1i Nature of Release [issuing] up of out— standing right to one in possession 2i Modes in which Release operates wh. con. 1k Release [...] al mitter le droit I.e. to pass a right 2k Release issuing (...) le droit i.e. to pass a right 3k Release {issuing} (...) de (...) l'etoll i.e. to pass an estate. 3K Release d'ex— tinguisher le droit i.e. I.e. to Ex tinguish a right. 4k Release d' enlargir l' etate i.e. to enlarge an estate 2h Surrender Operation to trans— fer the possession to {who} one who has the out—standing right.