Simon v. Williams

I am unable to agree with the majority in this case. I think there is a vital distinction between the purpose of a warranty against incumbrances and warrant of title, and that the fundamental distinction is that the breach of warranty against incumbrance is a personal covenant against the warrantor, while the breach of warranty as to title and quiet enjoyment is a covenant running with the land affecting the possessory interest.

In 11 K. O. L., p. 1134, under the title “Covenants,” subheading, “Incumbrances,” section 48 reads:

“An incumbrance, within the terms of a covenant against…