307. Effect of covenants in conveyance.

307.     Effect of covenants in conveyance.

Where a conveyance contained a covenant to pay, for all coal found under certain land, £40 per acre, and to pay a yearly sum of £40 until the total amount was paid, 'found' was construed to mean 'ascertained to be', and the finding of coal was held not to be a condition precedent to the payment1.

A covenant for quiet enjoyment contained in a conveyance of land not excepting mines and minerals2 is not broken if the surface of the land subsides owing to the minerals having been worked