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upr000093 204

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upr000093-204
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V Nothing 1* eited in support of the foregoing statement ex­cept Sections 555 and 557 of the Restatement of Property. In 21 Corpus Juris Secundum, page 933, relating to release or discharge from liability under real coven­ants it Is stated that by the great wat of authority such covenants may be released by matter In pals, or by parol, the intention of the parties being the controlling factor, whereas in England the covenant must be released by an in­strument of as high a nature as the deed containing it. At page 934 of the same work it is said: "In order that a release may bind a subse­quent assignee it must have been made prior to the assignment, unless the releasor has paid the damages occasioned by a breach of the cov­enant to such assignee. Where the continuity of a covenant is broken by the conveyance of land with new covenants, the subsequent grantee cannot maintain an action against the original covenantor,* and an assignment by a vendor to a third person of his rights against his warrant­ors, made after the eviction of his vendee in possession under contract of sale, cannot in equity deprive the vendee of his recourse a- gainst such warrantors. Grantees of land sub­ject to restrictive covenants may convey the whole tract free thereof except as against the original covenantee or his privies*11 There are also cases cited in 14 Am. Jur. 642 at Sec* 291that indicate that a covenantee can release a covenantor of liability under a restrictive covenant. 13*