Legal Opinion

Winston v. Vaughan

Supreme Court of Arkansas

Decided October 15, 1860PublishedCited by 5 opinions

Appeal from Pulaski Circuit Court. Hon. John J. Clendenin, Circuit Judge. The words “grant, bargain and sell” in our statute on conveyances, make a covenant against incumbrances whether done or suffered by the grantor or any one under whom he claims. Dig. 264; Funic vs. Voneider, 11 Serg. & R. The covenant raised by the words “bargain and sell” extends only to incumbrances created by the grantor. Dig. ch. 37, sec. 1; JRawle on Cov. for Title 486; Sug. on Vend. 524.

1Opinion of the CourtJustice Compton

The action was covenant, broken, by Winston against Yaughan, on a deed dated 4th February, 1856, by which the defendant conveyed to the plaintiff a tract of land in Pulaski county. The deed contained the words “ grant, bargain and sell,” and the suit was brought for a breach of the statutory covenant against incumbrances, implied by the use of those words. The plaintiff alleged as a breach of the covenant, a third person’s right to flow, without paying damages, a part of the land by means of a mill dam, erected upon an adjoining tract — which right was granted by one William Wilson, a former…

2Cases cited4 opinions

  1. Roebuck v. DupreySupreme Court of Alabama · 1841
  2. Lessee of Gratz v. EwaltSupreme Court of Pennsylvania · 1809
  3. Dorsey v. JackmanSupreme Court of Pennsylvania · 1814
  4. Funk v. VoneidaSupreme Court of Pennsylvania · 1824

3Cited by5 opinions

  1. Seldon v. Dudley E. Jones Co.Supreme Court of Arkansas · 1905
  2. Miller v. FraleySupreme Court of Arkansas · 1861
  3. Pratt v. EatonSupreme Court of Missouri · 1877
  4. Doak v. SmithSupreme Court of Arkansas · 1919
  5. Miller v. BaylessSupreme Court of Missouri · 1906

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