Jackson v. Holt

Dissenting Opinion.

Alexander, J.,

delivered a dissenting opinion.

Although both parties have proceeded upon the assumption that appellant’s present title is derived through foreclosure of a deed of trust which warranted the title to the lands in question, such is found not to be the fact. This particular deed of trust warranted the title to certain personalty therein, but mortgagor undertook only to “grant, bargain and sell” the land. This is not sufficient to constitute a warranty. Cunningham v. Dillard, 71 Miss. 61, 13 So. 882; Code 1930, sec. 2126. Here the use of such words was held to…