§ 35-4-271 — Construction of Words “Grant,” “Bargain,” or “Sell”; When Covenants of Warranty Implied

In all conveyances of estates in fee, the words “grant,” “bargain,” “sell,” or either of them, must be construed, unless it otherwise clearly appears from the conveyance, an express covenant to the grantee, his heirs and assigns, that the grantor was seised of an indefeasible estate in fee simple, free from incumbrances done or suffered by the grantor, except the rents and services that are reserved; and also for quiet enjoyment against the grantor, his heirs and assigns, unless limited by the express words of such conveyance; and the grantee, his heirs, personal representatives, and assigns may, in any action, assign breaches, as if such covenants were expressly inserted.

Legislative History

(Code 1852, §1314; Code 1867, §1584; Code 1876, §2193; Code 1886, §1839; Code 1896, §1035; Code 1907, §3421; Code 1923, §6926; Code 1940, T. 47, §154.)