The covenant of general warranty in a deed is a covenant that runs with the estate in reference to which it is made, and may be availed of by suit in his own name, by any one to whom the same shall come by deed, even after several successive conveyances, or a descent or devise. 2 Wasbb. Real Prop. 662; Crooker v. Jewell, 29 Me. 527; Moore v. Merrill, 17 N. H. 75; Russ v. Perry, 49 N. H. 547. The plaintiff, being tbe owner of tbe premises, and in possession wben tbe covenant of warranty was broken by tbe enforcement of tbe claim for dower by Mrs. Eastman, is the proper person to maintain tbis action for tbe breach of tbe covenant. 2 Washb. Real Prop. 662; Chase v. Weston, 12 N. H. 413; Griffin v. Fairbrother, 10 Me. 91; Allen v. Little, 36 Me. 170; White v. Whitney, 3 Met. 81.

Whether Simpson and Haines, or Johnson, ever entered and took actual possession of tbe land under their deeds is immaterial. By tbe several conveyances, tbe legal title passed from tbe defendant to Simpson and Haines, from them to Johnson, and from Johnson to the plaintiff. Tbe legal title carried tbe right of possession, and gave a constructive possession without actual entry upon tbe premises. Warren v. Cochran, 30 N. H. 379. Tbis is not a case where tbe deed conveyed no land to wbicb tbe covenants could attach. Tbe land passed by tbe deed to tbe plaintiff, and wben be entered and took actual possession of tbe premises, having tbe legal title, tbe covenant of warranty running with tbe land enured to his benefit. Moore v. Merrill, 17 N. H. 75, 81, 82; Wead v. Larkin, 54 Ill. 489; Brady v. Spurck, 27 Ill. 478.

It was not necessary to show an actual eviction of tbe plaintiff from tbe premises to maintain tbis action. The recovery of tbe judgment by Mrs. Eastman was sufficient evidence of tbe breach of tbe covenant of warranty. Loomis v. Bedel, 11 N. H. 74, 82; Drew v. Towle, 30 N. H. 531, 537; Sprague v. Baker, 17 Mass. 586; Donnell v. Thompson, 10 Me. 170. And tbe defendant having appeared and defended tbe suit of Mrs. Eastman for dower, tbe judgment recovered by her is conclusive against him as evidence of tbe breach of tbe covenant of warranty, and be is bound by tbat judgment. Littleton v. Richardson, 34 N. H. 179.

Judgment for the plaintiff oh the report.