This section is from the book "The Law Of Real Property and Other Interests In Land", by Herbert Thorn Dike Tiffany. Also available from Amazon: A Treatise on the Modern Law of Real Property and Other Interests in Land .
A conveyance which is intended to take effect as a certain class of conveyance, if not valid for that purpose, will, if possible, be construed as a conveyance of another character, in order that it may
416; Snyder v. Parker, 75 Mo. App. 529; Thomas v. Cook. 2 Barn & Aid. 119. See 2 Tiffany. Landlord & Ten. Sec. 154.
12. Co. Litt 338b; Terstegge v. First German Mut. Benev. Soc. 92 Ind. 82, 47 Am. Rep. 135; Deane v. Caldwell, 127 Mass. 242; Harris v. Hiscock, 91 N. Y. 340; Appeal of Greider, 5 Pa. 422, 47 Am. Dec. 413.
13. Platt, Covenants, 585; American Bonding Co. v. Pueblo Inv. Co., 150 Fed. 17, 9 L. R. A. (N. S.) 557; Deane v. Caldwell, 127 Mass. 242; Snowhill v. Reed, 49 N. J. L. 292, 60 Am. Rep. 615, 10 Atl. 737.
14. Ante, Sec. 413, note 66. 15 Co. Litt 338b.
16. Mellor v. Watkins, L. R. 9 Q. B. 400: Mitchell v. Young, 80 Ark. 411, 7 L. R. A. (N .S.), 221, 17 Am. St. Rep. 89, 97 S. W.
454: Buttner v. Kasser. 19 Cal. App. 755, 127 Pac. 811: Mckenzie v. Lexington. 4 Dana (Ky.) 129; Eten v. Luyster, 60 N. Y. 252; Krider v. Ramsay, 79 N. C. 354; Hessel v. Johnson, 129 Pa. 173. 5 L. R. A. 851, 15 Am. St. Rep. 716. 18 Atl. 754; Cuschner v. Westlake. 43 Wash. 690, 86 Pac. 948.
So it has been held that although the surrender of the estate of the head tenant prevents the recovery from the subtenant of rent afterwards accruing (ante Sec. 413, note G9a) the surrenderee is still bound by a covenant entered into by the original lessor. Bailey v. Richardson, 66 Cal. 416, 5 Pac. 910; Standard Oil Co. v. Slye, 164 Cal. 435, 129 Pac. 589.
17. Farnum v. Hefner, 79 Cal. 575, 12 Am. St. Rep. 174, 21 Pac.
Take effect.18 This important rule has been applied in numerous connections. For instance, a conveyance intended to take effect as a bargain and sale, but which is void as such for want of a pecuniary consideration, will take effect as a covenant to stand seised, if a consideration of blood or marriage exists;19 and, as before stated, a conveyance in words of release, void as such for want of an estate or possession in the releasee, will be supported as a conveyance by bargain and sale, or otherwise.20 This principle has also been adopted to support limitations of future estates which could not be supported unless the conveyance were regarded as operating under the Statute of Uses.21