| David Shephard Garland, James Cockcroft, Lucius Polk McGehee, Charles Porterfield - 1898 - 1226 Seiten
...the juris et scisince conjunctio of the common law,8 and the covenant has therefore been defined as " an assurance to the purchaser that the grantor has...quantity and quality which he purports to convey." 3 In other words, the covenant of seizin, as usually expressed, means that the grantor is seized of... | |
| Tennessee. Supreme Court, William Wilcox Cooke, Joseph Brown Heiskell, Jere Baxter, Benjamin James Lea, George Wesley Pickle, Charles Theodore Cates, Frank Marian Thompson, Charles Le Sueur Cornelius, Roy Hood Beeler - 1898 - 822 Seiten
...adverse to them, respectively. 1. A covenant of seizin is an assurance to the vendee that the vendor has the very estate, in quantity and quality, which he purports to convey. It is a personal covenant in present^ and, if not true, is breached the instant it is made, and an... | |
| Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Edward Potton, Joseph Gerald Pease, William Bowstead - 1900 - 934 Seiten
...covenant for quiet enjoyment is of a materially different import, and directed to a distinct object. The covenant for title is an assurance to the purchaser,...convey, viz. in this case, an indefeasible estate in fee-simple. The covenant for quiet enjoyment is an assurance against the consequences of a defective... | |
| Beni Prasad - 1902 - 284 Seiten
...D., 310. Covenant for quiet enjoyment. Nature and Object. — The convenant for title is an assurance that the grantor has the very estate in quantity and quality which he purports to convey ; the covenant for quiet enjoyment is an assurance against the consequences of a defective title, and... | |
| 1905 - 1086 Seiten
...numNOTB.— Covenant of seisin, if broken, is broken when made. The covenant for title, or of seisin. Is an assurance to the purchaser that the grantor...quantity and quality, which he purports to convey. If be has not such title, his covenant is broken Immediately upon its being made. Heal v. Holl ister,... | |
| Robert Frederick Norton - 1906 - 774 Seiten
...covenant for quiet enjoyment is of a materially different import, and directed to a distinct object. The covenant for title is an assurance to the purchaser...quantity and quality which he purports to convey. . . . The covenant for quiet enjoyment is an assurance against the consequences of a defective title,... | |
| Chapman White Maupin - 1907 - 1008 Seiten
...covenanted that he was rightfully seised of an indefeasible estate in fee simple,8 and is to be treated as " an assurance to the purchaser that the grantor has...estate in quantity and quality which he purports to convey."8 Hence, it follows that there need be no eviction or disturbance of the grantee's possession... | |
| Abraham Clark Freeman - 1909 - 1214 Seiten
...English definition and extending and enlarging upon it as follows: "A covenant of seisin is defined to be 'an assurance to the purchaser that the grantor has...quantity and quality which he purports to convey,' and extends not only to land itself, but also to whatever is properly appurtenant to and passes by... | |
| Abraham Clark Freeman - 1909 - 1226 Seiten
...Definition of Covenant. — The covenant of seisin has been defined in England to be "an assurance that the grantor has the very estate in quantity and quality which he purports to convey": Howelle v. Richards, 11 East, 633, 11 BB 287. The words, from having been originally used as synonymous... | |
| Henry Campbell Black - 1910 - 1330 Seiten
...capacity and title to convey the estate which he by his deed undertakes to convey. — Covenant of seisin. An assurance to the purchaser that the grantor has...quantity and quality which he purports to convey. 11 East, G41 ; Kawle, Cov. § 58. It is said that the covenant of seisin is not now in use in England,... | |
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