Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/317

 Ch. 20. tute, no warranty whatoever is implied ; they bearing no ort of analogy to the original feodal donation. And therefore in uch caes it became neceary to add an expres claue of warranty, to bind the grantor and his heirs; which is a kind of covenant real, and can only be created by the verb warrantizo or warrant.

expres warranties were introduced, even prior to the tatute of quia emptores, in order to evade the trictnes of the feodal doctrine of non-alienation without the conent of the heir. For, though he, at the death of his ancetor, might have entered on any tenements that were aliened without his concurrence, yet, if a claue of warranty was added to the ancetor's grant, this covenant decending upon the heir inured the grantee; not o much by confirming his title, as by obliging uch heir to yield him a recompene in lands of equal value: the law, in favour of alienations, uppoing that no ancetor would want only diinherit his next of blood ; and therefore preuming that he had received a valuable conideration, either in land, or in money which had purchaed land, and that this equivalent decended to the heir together with the ancetor's warranty. So that when either an ancetor, being the rightful tenant of the freehold, conveyed the land to a tranger and his heirs, or releaed the right in fee-imple to one who was already in poeion, and uperadded a warranty to his deed, it was held that uch warranty not only bound the warrantor himelf to protect and aure the title of the warrantee, but it alo bound his heir: and this, whether that warranty was lineal, or collateral to the title of the land. Lineal warranty was where the heir derived, or might by poibility have derived, his title to the land warranted, either from or through the ancetor who made the warranty; as, where a father, or an elder on in the life of the father, releaed to the dieior of either themelves or the grandfather, with warranty, this was lineal, to the younger on. Collateral warranty was where the heir's title to the land neither was, nor could have been, derived from Rh