Guy v. First Carolinas Joint Stock Land Bank of Columbia

The plaintiff first sued for breach of the covenant of quiet enjoyment, but as he was not able, or failed, to allege eviction under paramount title, ouster or adverse claim, his complaint was held demurrable. Guy v. Bank, 202 N. C., 803, 164 S. E., 323.

The present action is for alleged breach of covenant of seizin, but as the deed under which plaintiff acquired title contains no covenant of seizin (Cover v. McAden, 183 N. C., 641, 112 S. E., 817, Price v. Deal, 90 N. C., 290), the judgment of nonsuit was properly entered. It is the rule with us that there are no implied covenants with respect…