case llhoyd versus Griffith January the master be of opinion that covenant in  a conveyance by counsel for a purchaser be unreasonable and ought to be strike  out and have insert a covenant only against the seller own act and report he  approve of the draft as it now stand the court on exception to the report  direct the master to alter his draft by insert proper covenant from W against  her own act and the act of l her devisor as to so much as she will be benefit  by the estate devise Mr Loyd who die in have convey his estate in Shropshire  to Mr hill for secure twentythree thousand pound the same year he charge his  estate in Shropshire and his estate in anglesea with two thousand pound more  and the estate to stand as a security for twentyfive thousand pound by two  several settlement execute by Mr Loyd a considerable time before his death in  consideration of fourteen thousand pound he convey his Shropshire estate to  mrs Hester web in fee by deedpoll he release her from the payment of fourteen  thousand pound atkins afterward by his will recite the two settlement on mrs  Hester web and the deedpoll he rectify and confirm the say settlement and  release to her and then devise to two trustee and their heir all his manor  land c in the isle of anglesea and county of Carnarvon to the intent that they  or the survivor c shall with all convenient speed after his decease out of the  rend of his say estate or by sell or mortgage the same or by all or any the  way or mean aforesaid raise such sum as shall be sufficient to discharge the  mortgage of the land already settle on mrs web as well as all other my just  debt and after the same shall be so pay he give the same manor c to his  natural son and his heir one of the trustee be dead and the other have  renounce and administration with the will annex be since grant to Francis  Newton the plaintiff the natural son have bring his bill to carry the trust of  the will into execution which be decree accord and refer to master Bennet to  take a account of the personal estate and of the testator debt and the  personal estate to be apply in payment of the debt in a course of  administration and if the personal estate shall not be sufficient the  deficiency direct to be make good out of the real atkins er p estate devise to  the trustee and if the rend and profit of the real estate be not sufficient  then the say estate so devise to the trustee or a sufficient part shall be  sell to the best purchaser to be approve of by the master in which sale all  proper party be to join and the money arise by such sale to be apply to  satisfy such of the testator debt as the personal estate and rend will not  satisfy pursuant to several advertisement for sale Mr Andrews be allow by the  master to be the best purchaser of the anglesea and Carnarvon estate devise to  the trustee at the sum of twentyseven thousand pound the report be confirm and  the purchase money pay into the bank and he have approve of the title and Mr  Andrews have be let into possession of the estate purchase and a draft of the  conveyance have be prepare by the purchaser counsel with covenant against  their own act respective from hill the mortgagee sir Edward Leighton survive  trustee in the will the two trustee appoint by the decree in the room of sir  Edward Leighton from Mr Loyd the plaintiff and from Francis Newton  administratrix with the will annex and with covenant from mrs Hester web as  follow that Mr hill and the several person above mention have or some of they  have at the seal and delivery of these present full power and authority to  grant to the purchaser and his heir the estate in anglesea and Carnarvon and  that the say sir Edward Leighton c have a right to sell the same to the  purchaser and his heir atkins she be make to covenant likewise for quiet  enjoyment without any interruption by hill c and by herself or by any of they  or by any other person or person lawful claim or to claim by from or under  they or any of they or by from or under the say Thomas Loyd decease pierce  Loyd father of the say Thomas Loyd decease pierce Loyd grandfather of the say  Thomas Loyd pierce Loyd great grand father pierce Loyd great great grandfather  or any of they and that free and clear exonerate c or by the say Hester web  her heir c and from time to time to be well and sufficient save harmless from  all manner of former and other gift c and from all other estate title  encumbrance c make c by Mr Samuel hill c party hereto or by the say Thomas  Loyd pierce Loyd his father c or any of they or by any other person or person  lawful claim any estate right c in to or out of the premise by from or under  or in trust for they or any of they and likewise covenant that the party  hereto videlicet hill c and all person claim from they any estate in the  premise or from Thomas Loyd and so on to his great great grandfather shall do  any further act for assure c Mr welldone peruse the draft on the part of the  grantors and be of opinion that mrs Hester web need not be a party grant or  that Mr hill shall be say to convey at her request but at most only with her  privity and consent not that she can covenant for the title or for quiet  enjoyment or for further assurance and strike those covenant out of the draft  Mr booth differ in opinion with Mr welldone and declare the draft shall be  restore as it stand before the master be attend on the draft of the conveyance  refer the same for the opinion of Mr lane who be of the same opinion with Mr  welldone the master be again attend be of opinion that the covenant from mrs  web be unreasonable and ought to be strike out and therein insert a covenant  against her own act only and on the that of August make his report that he  approve of the draft of a conveyance between the party of the estate in  question as it now stand alter but the purchaser not be content with the  master opinion a case be prepare by his order and lie before fazakerley who be  of opinion that a court of equity will not compel mrs Hester web to enter into  these covenant as she be not entitle to the deed and write relate to these  estate the purchaser take the follow exception to the draft of the conveyance  as settle by the master atkins for that the covenant contain in the say draft  of the conveyance mention in the report from mrs Hester web for the title for  quiet enjoyment and for further assurance on her part be strike out of the  draft of the say conveyance whereas the purchaser insist that the master ought  to have let the say covenant from mrs web have stand in the draft or at least  the purchaser ought to have have such covenant insert therein as will have  indemnified he against any latent encumbrance make by Thomas Loyd or his  ancestor to the amount of so much atkins er p money as the say Hester web  shall receive a beneficial interest from in the estate in question mrs Hester  web do not appear by counsel as not be a party to the suit the exception come  on to be hear this day Lord chancellor a great number of sale be direct by a  decree of this court where there be no covenant at all it have be say by the  purchaser counsel that mrs Hester web must covenant against all the ancestor  of Thomas Loyd because it be a rule among conveyancers where a estate have be  long in a family that the vendor covenant must go as far back as the first  purchaser of the estate but where the vendor claim immediate under the person  who bring the estate there he need not covenant any far back than from that  person because who ever buy this estate have the benefit of the covenant in  the conveyance to the vendor purchaser I never hear nor do I know of any such  rule where conveyance be to be make by a decree of this court the settle they  to be sure be to be by the like kind of rule as man of judgement among the  conveyancers will direct I can make a order upon mrs Hester web to execute any  conveyance because she be no party in the cause and therefore if it can be  final settle to the satisfaction of all party the purchaser must be discharge  but then the purchaser by way of compensation must have all his cost I will  consider the covenant itself atkins that mrs Hester web shall covenant all the  ancestor of her devisor c see the word in the conveyance settle by the  purchaser counsel will be carry it too far for it will be unreasonable to  extend it to the first purchaser where a family have be for several generation  in possession of the estate for they may have have the benefit of the statute  of limitation and other bar in their favour and therefore carry it no far back  than to the person under who mrs web claim be sufficient and the counsel for  the purchaser now say they be content with it it be not a devise to her but to  trustee for the payment of debt the material part of which be a encumbrance by  mortgage on the estate give to her after his debt be pay but it have be insist  by the purchaser counsel that it enures to the benefit of mrs web because the  trustee have no beneficial interest nor the mortgagee and consequent mrs web  the beneficiary and trust have and therefore the master have go so far as to  be of opinion that she ought to join in the conveyance by make her a grantor  as she be to join the question will be how far she be to covenant there be  undoubted a great many case in this court where a person covenant no far than  their own act as where a estate be decree to be sell for payment of debt and  no surplus remain the court will not require the heir to covenant any far than  his own act the same rule as to a devisee but suppose such a sale be decree  and after sale a considerable surplus come to the heir at law or devisee I  believe there be several instance where they have be direct to covenant in the  case of the heir that neither be nor the immediate ancestor under who he claim  and in the case of the devisee that neither he nor his devisor have do any act  to encumber a good deal depend upon the quantum for if the purchase money  arise from the safe of the anglesea and Carnarvon estate be twentyseven  thousand pound and mrs web draw out twentyfive thousand pound for the  exoneration of the mortgage upon the estate devise to her she may be say to be  a devisee of that estate but if there be other debt beside the mortgage to be  pay that be a charge upon that estate then she can proper be say to be the  devisee of the whole of that estate but of so much as be leave after the debt  be pay atkins Lord chancellor propose to refer it to some eminent conveyancer  to consider whether the covenant require of mrs web be a usual covenant but  her counsel refuse make the follow order let the exception be allow and let  the master alter the draft of the conveyance prepare and certify by he by  insert therein proper covenant from mrs Hester web against her own act and the  act of Mr Thomas Loyd her devisor as to so much as she will be benefit by the  estate atkins 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