CRANE against COLLARD

COVENANT; CRANE against COLLARD. Chittenden, 1820. IN an action on a covenant of seizen, declaration must set forth a legal deed. THE declaration in this case was : “In a p}ea of breach of Covenant: For that on the 7th day of November, 1809, while the said John Collard was of sound mind, at Burlington aforesaid, the said John Collard, by his certain deed of bargain and sale, sealed with the seal of the said John Collard, and here ready in Court to be shewn, the date whereof is the same day and year last aforesaid, for the consideration of $480, did give, grant, bergain, sell, alien, convey and'confirrri, to the said Arzah Crane, his heirs and assigns forever, a certain piece of land, containing 20 3-4 acres, and part of lot Noi 159, drawn to the original right of Thomas Frost; to have &c. And the said John Collar’d did, thereby, covenant, for himself, his heirs, &e. to and with the said Arzah Crane, his heirs, &c. among other things, that at, and until the the ensealing the said deed of bargain and sale, he was seized of the premises in fee simple. And the said Arzah says that in fact, &c. Plea. And now the said John Collard, in Court íieré by his attorney, conics and says, that he has kept and performed the covenants in his said deed mentioned. Demurrer and Joinder. For the defendant, it was contended, that the declaration was bad. The instrument, set forth in, the declaration is not £ lega!. conveyance ; the only requisite of a deed, set forth in the declaration, is that it was sealed. The Statute, 1 vol. p. 189, requires a deed to be signed, sealed and witnessed by two witnesses, even to be of any force against grantor. The covenant set forth in the declaration, is connected with the grant and can have no force independent of the deed; if, then, the instrument fails as a deed, the covenant connected with it must fail: The plaintiff cannot recover on the covenants if the deed which contains them is void, as a deed. Robinson for plaintiff. Adams for defendant. [MAJORITY — By the Court.] By the Court. The declaration not setting forth a legal deed is insufficient. See Pleas and Pleadings, 5.