Howard v. Clanton

While there is much in the result reached by the majority I find palatable, there is little in the law which supports it. The majority has cited no case here or in any other common law jurisdiction which supports the inescapable effect of the majority's holding: that henceforth the covenant of power to sell contains within it an implied covenant of merchantability of title. I suggest no such case may be found. Changes should be made in our law of real property only in cases of compelling necessity. This is not such a case.

Without any doubt, our law afforded Lexie Howard facilities for…