The place of trial of civil proceedings is fixed by C. C. P., secs: 66, 69. Section 66 provides: “ That actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated subject to the power of the Court to change the place of trial in the cases provided in this Code.

1. For the recovery of real property or of an estate or interest therein, or for the determination in any form of such right or interest and for injuries to real property.

2. For the partition of real property;

3. For the foreclosure of a mortgage of real property ;

4. For the recovery of personal property distrained for any cause.”

It is evident that our case falls within neither of these provisions. Sec. 67 fixes the venue in actions for penalties and againstpublic officers, and sec. 68 provides that all other actions shall be tried in the county in which the plaintiffs or defendants or any of them shall reside at the commencement of the action. Our case falls under this section.

Apart from this provision of the Code, fixing the venue, this action is upon a personal covenant, sounding in damages. The covenant is not that certain improvements shall be put upon the land, but that if they are put upon the land, they shall be paid for; in effect therefore, the action is simply for work and labor done, and in no sense differs from other personal actions. On a breach of thecovenant.it becomes a mere personal right, which remains with the covenantee or his executors, and does not descend with the land or run with it. 1 Smith L. Cases, 165.

The action was brought to the property county.

Pee Cueiam. Jude-ment reversed.