
    Harrison Executor of Payne v. Sampson.
    October Term, 1795.
    Executors — Covenant against. — An action of covenant respecting real estate, will lie against executors, though not expressly bound.
    This was an action of covenant brought by the appellee against the appellant in the District Court of New-Dondon, upon a deed made by Payne to Sampson conveying to him a tract of land in fee simple, and containing a covenant for quiet enjoyment, and that the premises were clear of all in-cumbrances.
    The breach assigned was, that the land was not free from incumbrances, and that the plaintiff was not permitted to enjoy it free from eviction &c. for that the posses- • sion of the said land had been recovered from the plaintiff in an action of ejectment instituted by Agatha Payne. Upon the plea of covenants performed, the jury found a special verdict, stating the deed &c. and that after the death of Josias Pajme the grantor, the land was recovered from the plaintiff, by Agatha Payne. Judgment in the District Court for the plaintiff, — From which Harrison appealed. '
    Marshall for the appellee.
    The only question existing in the cause is, whether this action will lie against the executors, they not being specially bound in the covenant, and therefore it is supposed, that this being a covenant real, the action will only lie against the heir. I contend that though the heir is not bound unless he be particularly named, yet in all cases the ^executors are, whether the covenant respect real estate, or be purely personal. I consider this point to be so plain, that it is unnecessary to cite authorities to prove it.
    
      
       See monographic note on “Executors and Administrators” appended to Rosser v. Depriest. 5 Gratt. 6.
    
   The Court

affirmed the judgment, without assigning reasons.  