Gibbons v. Moore
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; STATEMENT BY THE COURT. This was a suit for breach of warranty against John P. Moore, who on September 24, 1895, conveyed certain lands to J. W. Gibbons for a certain consideration by deed, the granting clause of which reads: “The said first party hereto does by these presents grant, bargain, sell and deliver unto said second party the lands [describing them]. To have and to hold the aforesaid granted tract of land…
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Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; STATEMENT BY THE COURT. This was a suit for breach of warranty against John P. Moore, who on September 24, 1895, conveyed certain lands to J. W. Gibbons for a certain consideration by deed, the granting clause of which reads: “The said first party hereto does by these presents grant, bargain, sell and deliver unto said second party the lands [describing them]. To have and to hold the aforesaid granted tract of land to said second party hereto * * * and unto his heirs and assigns in fee simple forever.” In 1866 the lands were conveyed…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended that the grantor, having conveyed the lands by the use of the words “grant, bargain and sell,” thereby created an express covenant of general warranty as effectually, because of the 'statute (section 731, Kirby’s Digest), as though a general warranty clause had been inserted in the deed. The statute reads:
“All lands, tenements and hereditaments may be aliened and possession thereof transferred by deed without livery of seizin, and the words ‘grant, bargain and sell’ shall be an express covenant to the grantee, ¡his heirs and assigns, that…
2Cases cited1 opinion
- Logan v. MoulderSupreme Court of Arkansas · 1839
3Cited by8 opinions
- Smiley v. ThomasSupreme Court of Arkansas · 1952
- Brawley v. CopelinSupreme Court of Arkansas · 1913
- Van Bibber v. HardySupreme Court of Arkansas · 1949
- Timmons v. City of MorriltonSupreme Court of Arkansas · 1957
- Doak v. SmithSupreme Court of Arkansas · 1919
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