TRANSFER OF OBLIGATIONS. 94. The burden of an obligation not ari age relation may be transferred, with th arty entitled to its benefit, but not otherw ded by section 902. $95. A night arising out of an obligation 1, except as provided by section 614. 396. Certain covenants, contained in gran al property, are appurtenant to such esta them, so as to bind the assigns of the cov est in the assigns of the covenantee, in th as if they had personally entered into nants are said to run with the land. What cOV enants run with the land. Id. What covenants run 897. The only covenants which run with the lana, are those specified in this Title, and those which are 'incidental thereto. § 898. Every covenant contained in a grant of an estate in real property, which is made for the direct benefit of the property, or some part of it then in existence, runs with the land. § 899. The last section includes among others, covenants of warranty of title and possession, for quiet enjoyment, or for further assurance, on the part of a grantor, and covenants to keep in repair, or for the payment of rent, or of taxes or assessments upon the land, on the part of a grantee. § 900. A covenant for the addition of some new thing with land to real property, or for the direct benefit of some part of when as signs are named. the property not then in existence or annexed thereto, when contained in a grant of an estate in such property, and made by the covenantor expressly for his assigns or to the assigns of the covenantee, runs with the land so far only as the assigns thus mentioned are concerned. Who are bound by covenants. Who are not. Apportionment of cove nants. § 901. A covenant running with the land binds those only who acquire the whole estate of the covenantor in some part of the property. § 902. No one, merely by reason of having acquired an estate subject to a covenant running with land, is liable for breach of the covenant committed before he acquired the estate, or after he has parted with it, or ceased to enjoy its benefits. § 903. Where several persons, holding by several titles, are subject to the burden, or entitled to the benefit of a covenant running with the land, it must be apportioned among them according to the value of the property subject to it held by them respectively, if such value can be ascer tained, and if not, then according to their respective interests in point of quantity. 10. Full performance of an obligation, b e duty it is to perform it, or by any other f, and with his assent, if accepted by the ishes it. 11. Performance of an obligation, by or ons who are jointly liable under it, exti lity of all, except as provided in section 8 912. An obligation in favor of several P uished by performance rendered to any of he case of a deposit made by owners in co ownership, which is regulated by the Title 913. If a creditor, or any one of two o itors, at any time directs the debtor to perf on in a particular manner, the obligation is Partial perform ance. Payment, what. Application of general by performance in that manner, even though the creditor does not receive the benefit of such performance. § 914. A partial performance of an indivisible obligation extinguishes a corresponding proportion thereof, if the benefit of such performance is voluntarily retained by the creditor, but not otherwise. If such partial performance is of such a nature that the creditor cannot avoid retaining it, without injuring his own property, his retention thereof is not presumed to be voluntary. § 915. Performance of an obligation for the delivery of money only, is called payment. § 916. Where a debtor, under several obligations to anperform other, does an act, by way of performance, which is equally applicable to two or more of such obligations, such performance is applied as follows: ance. 1. If, at the time of performance, the intention or desire of the debtor that such performance should be applied to the extinction of any particular obligation, is manifested to the creditor, it is so applied; 2. If no such application is then made, the creditor, within a reasonable time after such performance, may apply it towards the extinction of any obligation, performance of which was due to him from the debtor at the time of such performance; except that if similar obligations were due to him both individually and as a trustee, he must, unless otherwise directed by the debtor, apply the performance to the extinction of all such obligations in equal proportion ; and an application once made by the creditor cannot be rescinded without the consent of the debtor; 3. If neither party makes such application, within the time prescribed herein, the performance is applied to the extinction of obligations in the following order; and, if there is more than one obligation of a particular class, to the extinction of all in that class, ratably: (1.) Of an obligation due at the time of performance ; (2.) Of an obligation not voidable at the option of the debtor; |