Practical Law a Treatise On Business Law Especially Compiled for Schools That T
Practical Law a Treatise On Business Law Especially Compiled for Schools That T
Burritt Hamilton
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The covenants for quiet enjoyment and to warrant and defend against paramount title are not broken except by actual SALES OF REAL ESTATE. 99 eviction of the grantee, his heirs or assigns. These two covenants pass with the land and may be enforced by the heirs or assigns of the grantee. The other three covenants (a, b and c) if broken at all are broken at the moment when the deed is executed, and are enforcible by the grantee only. If the covenant against incumbrances is broken, the grantee is e...ntitled to recover from the grantor the amount necessarily paid to discharge the incumbranees. If the other covenants are broken (a, b, d and e) the grantee is entitled to recover from the grantor the price paid for the lands, plus interest. The following form of warranty deed is in general use : WARRANTY DEED. THIS INDENTURE, Made this first day of March, A. D. 1906, between John Doe and Mary Doe, his wife, both of Chicago, Cook County, Illinois, as parties of the first part, and Richard Roe, of De- troit, Wayne County, Michigan, as party of the second part.
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