Riddle v. Nelson

PHILLIPS, Judge.

The order appealed from has no foundation and in entering it the court apparently misperceived both the nature of plaintiffs’ action and the office of summary judgment. A covenant of seisin in a general warranty deed is a covenant that the grantor has ti-*659tie to the land conveyed at the time the deed is delivered and the covenant is breached upon delivery if the grantor does not then have title. Newbern v. Hinton, 190 N.C. 108, 129 S.E. 181 (1925); Price v. Deal, 90 N.C. 290 (1884). Plaintiffs’ allegation that one of the 120 foot road frontage segments defendant Nelson deeded…