Gee v. Pharr
Supreme Court of Alabama
ERROR, to the Circuit Court of Wilcox. The plaintiff brought an action of covenant against the defendant, in the Circuit court of Wilcox county, founded on a deed of conveyance, executed by the latter to the former*, by which the defendant “ bargained, sold, released, aliened, and confirmed unto” said plaintiff, certain tracts of land.
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ERROR, to the Circuit Court of Wilcox. The plaintiff brought an action of covenant against the defendant, in the Circuit court of Wilcox county, founded on a deed of conveyance, executed by the latter to the former*, by which the defendant “ bargained, sold, released, aliened, and confirmed unto” said plaintiff, certain tracts of land. The plaintiff avers, in his declaration, “ that by virtue of the legal operation and effect of the words bargain, sell, release, alien and confirm, contained in said deed, the said defendant did then and there covenant, to and with said plaintiff, that he the…
1Opinion of the CourtClay, J.
The question presented in this case, turns upon the construction of sec. 20 of the act of 1803, «respecting conveyances.” [Aik. Dig. 94, § 33.] That section provides that — «In all deeds to be recorded, in pursuance of this act, whereby any estate of inheritance in fee simple, shall hereafter be limited to the grantee, or his heirs, the words grant, bargain, sell, shall be adjudged an express covenant of the grantee, his heirs and assigns, to-wit: that the grantor was seized of an indefeasible estate in fee simple, freed from incumbrances,' done or suffered from the grantor, (except the rents…
2Cited by4 opinions
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