Spencer's Case

A leading English case on the law of covenants. 5 Coke 16a, 77 Eng Reprint 72. The first resolution in Spencer's Case, if regarded alone, implies that a covenant cannot run with the land if it relates to a thing not in esse. The second resolution, however, makes it clear that a covenant relating to a thing not in esse may run with the land if the thing to be done relates to and touches, and is not merely collateral to, the land, and if the intention of the parties that the covenant should run with the land is shown by the covenant. 20 Am J2d Cov § 30.