From the use of the word "grant" in
any conveyance by which an estate of inheritance, possessory right, or fee
simple is to be passed, the following covenants, and none other, on the part
of the grantor, for himself and his heirs, to the grantee, his heirs and
assigns, are implied, unless restrained by express terms contained in such
conveyance:
1. That previous to the time of the execution of such conveyance, the
grantor has not conveyed the same estate, or any right, title or interest
therein, to any person other than the grantee.
2. That such estate is at the time of the execution of such conveyance
free from encumbrances done, made or suffered by the grantor, or any person
claiming under him. Such covenants may be sued upon in the same manner as if
they had been expressly inserted in the conveyance. |
