ABSTRACT
The assign could vouch the first grantor only on the principles of succession. That is to say, he could only do so when, by the failure of the first grantee’s blood, the first grantee’s feudal relation to the first grantor, his persona, came to be sustained by the assign. Bracton, who modelled his book upon the writings of the mediaeval civilians, shows how this thought was used. He first puts the case of a conveyance with the usual clause binding the grantor and his heirs to warrant and defend the grantee and his heirs. If that had been the notion, there would have been a contract directly binding the first grantor to the assign, as soon as the land was sold, and thus there would have been two warranties arising from the same clause,—one to the first grantee, a second to the assign.
