![]() to the meaning which the words "seisin" and "seised" acquired after the Statute of Uses81 as equivalent to a declaration that the grantor has an estate, of the quantum which he undertakes to convey, in the whole land covered by the conveyance.82 Accordingly the covenant has been held to be broken when the grantorħ8. ![]() In a majority of the states, as in England, the above view of the covenant of seisin has not been accepted, but if has been construed with reference. Involve a breach of the covenant, though there is a breach if another is in adverse possession.78 The covenant, though thus limited in effect, may nevertheless be of great advantage to the grantee in any state which still recognizes the doctrine that a conveyance of land in the adverse possession of another is void 79 and this construction of the covenant presumably owes its origin to the recognition by the courts of the probability that it was intended to secure the grantee against the possible failure of the conveyance for this cause.80 "Seisin" originally, as before stated, meant the possession of land by one having or claiming a freehold estate therein, either by himself or by another in his behalf.77 This meaning of "seisin" has been adopted in two or three states in determining the effect of the covenant, and the covenant is there regarded as a declaration by the grantor that lie is in possession, claiming such an estate as he undertakes to convey, ordinarily a fee simple estate, so that the fact that his possession is tortious does not The covenant by the grantor that he is lawfully seised of the premises, called the "covenant of or for seisin," has different effects in different juridictions.
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