"Among the classes usually inserted in deeds there are a number of stipulations in the nature of collateral promises of the performance or non-performance of certain acts, or of agreements that a given state of things does or shall, or does not or shall not, exist, which are technically known as covenants. When relating to title, they are inserted for the purpose of securing to the grantee the benefit of the title which the grantor professes to convey, and as an indemnity against any loss that may arise in consequence of any impairment of defect of such title. By statute the employment of certain operative words of grant are also given the force of limited covenants for certain purposes."8

6 Coke's Institutes, Vol. II, p. 195, 197.

7 See Chapter III (Lands Open To Exploration And Purchase As Mines, Under The Statutes Of The United States. Section 11. Mineral Lands Open To Purchase By Citizens).

There are five so-called common covenants, which accompany nearly every deed, and which are presumed under the law of most states. These five common covenants, are those of seizin, good right to convey, that the land is free from all incumbrances, for quiet enjoyment, and general warranty.

A covenant is said to run with the land when the right of action thereon will pass to any assignee of the land.9