...the grantor's liability for allegedly breaching the implied covenant of seisin—that is, the covenant that the grantor owned the property being conveyed. The grantor purchased property at a...settled the suit. The insurer, as the grantee's subrogee, then sued the grantor for breach of the implied covenant of seisin and breach of the sales contract.... The trial court found for the insurer on both claims. The court of appeals reversed, holding that the special warranty deed did not imply the covenant of seisin, the...

...breached its covenant of seisin and was liable for the purchaser's attorney fees, the court reverses the judgment and grants the purchaser attorney fees at trial and on appeal...Toole, for respondents. [1] Deeds — Covenants — Covenants of Title — Covenant of Seisin — Existence of Adverse...Claim. A vendor breaches the covenant of seisin if, at the time of the sale, an adverse claimant is actually in possession of all or a portion of the land conveyed, regardless of whether the claim...

...alone upon the breach of the covenant of good right to convey, which is the equivalent of an averment of breach of a covenant of seisin by the grantor. Copeland v. McAdory, 100 Ala. 553...: "In declaring for a breach of the covenant [i. e., of good right to convey, the equivalent of a covenant of seisin], all that is necessary is to negative the words of the covenant generally. No...distinction in pleading a breach of the covenant of seisin or of good right to convey, and of other covenants." If the covenantor had not the title he undertook to convey, viz. the...

...Ayers, who purchased a duplex from Cochran in 2011. After a bench trial, the trial court found that Cochran breached (1) the covenant of seisin implied in the special warranty deed that conveyed the...assesses liability against Cochran. Chicago Title's claim for breach of the covenant of seisin is not viable because the special warranty deed that conveyed the duplex to Ayers did not imply the...covenant of seisin. Chicago Title's breach of contract claim is not viable because, under the merger doctrine, the parties' residential sales contract merged with the special warranty deed when Ayers...

...action in the Montgomery County circuit court based on an alleged breach of the covenant of seisin in their warranty deed. The trial court held that although there had been a breach of the covenant of seisin, the...in every statutory form warranty deed. Subsection 1 contains the covenant of seisin and the covenant of good right to convey. These covenants, which are considered synonymous ( McNitt v. Turner...breach of the covenant of seisin. This court has stated repeatedly that the covenant of seisin is a covenant in praesenti and, therefore, if broken at all, is broken at the time of delivery of the...

.... 1. REAL PROPERTY — Breach of Covenant of Warranty. Where possession was delivered to and taken by purchases of real property, which possession was never menaced within the meaning of the applicable statute, nor by legal proceedings, they were not entitled to recover on an alleged breach of the covenant of warranty. 2. Covenant — Seisin — Actions...covenant of seisin, where a statute does not otherwise provide, does not run with the land, but is a purely personal covenant; it runs in.... Where a breach of the covenant of seisin, if any, occurred at the time of the giving of the deed in 1921, and action thereon was not commenced until 1926, the right of action was barred by C. L...

...hold he may maintain his breach of deed warranty action against the Estate despite his ability to assert a claim of paramount title against SCDOT. Because Patterson breached the covenant of seisin in...his deed to Carroll, we agree. Preliminarily, we note the probate court technically erred in finding Patterson breached the covenant of quiet enjoyment contained in the deed to Carroll. However, the probate court's ruling is substantively correct because Patterson breached the deed's covenant of seisin. In...Martin v. Floyd, 282 S.C. 47, 51, 317 S.E.2d 133, 136 (Ct.App. 1984)). The covenant of seisin is the grantor's...

...of a covenant of warranty, an eviction, either actual or constructive, must be alleged and proven. 4. COVENANTS — COVENANT OF SEISIN — WHEN BROKEN. — The covenant of seisin is a covenant that is...recover cost and expenses incurred in proceedings which he has been forced to institute to protect the title supposed to have been conveyed. 6. COVENANTS — COVENANT OF SEISIN — BREACHED BY ADVERSE CLAIM.... — A covenant of seisin implies that the covenantor is in possession of the land conveyed and all of it, and if anyone is actually in possession claiming adversely to the covenantor, the covenant of seisin is...

...action for breach of the covenant of seisin which was inherent in the warranty deed given her by the defendants. On motion for summary judgment by both the plaintiff and the defendants...to the property. This appeal treats the two basic issues of law raised in this cause: first, whether the defendants complied with the covenant of seisin by conveying to the...defendant's having breached the covenant of seisin. The covenant of seisin is an assurance that a grantor has the very estate in quantity and quality which he purports to convey. Thus, seisin is breached...

..., was with him on the brief for the appellee. SYLLABUS BY THE COURT 1. DEEDS — Covenant of Seisin — Grantor...Not Having Title to Part of Land — Breach of Covenant. The guarantee of a covenant of seisin is that the grantor at the time of the conveyance is lawfully seized of an absolute and.... 2. COVENANTS — Remedy for Breach — Action for Damages. Ordinarily the remedy for breach of a covenant of title in conveyance of land is an action at law for damages. 3. DEEDS — Breach of Covenant of Seisin — Damages...

...damages arising from an alleged breach of a covenant of seisin by appellees. The record on appeal conclusively demonstrates the following events and facts. In 1955, appellees...this suit against appellees for breach of the covenant of seisin. After hearing and considering a large amount of testimony and exhibits, the trial court entered its final judgment in favor of appellees.... Hence, this appeal by plaintiff-appellant. A covenant of seisin is an assurance that the grantors (the appellees herein) have the very estate in quantity and quality which...

...). Sun filed a cross-action alleging that Benton had breached an express warranty of title and covenant of seisin. Sun also sought damages under the DTPA contending that Benton's suit was groundless and...of seisin and warranty of title. As a result of its holding on Sun's waiver of the condition precedent, the court of appeals affirmed the take-nothing judgment of the trial court as to Sun's...counterclaim. Although we have held there was no waiver, we hold that Sun has no cause of action for breach of the covenants of seisin and warranty of title because it suffered no damage as a result of the...

..., 18 How. 82. II. The statutory covenant of seisin is a general covenant, unlimited by any restrictive words found in the second statutory covenant. Gratz v. Ewalt, 2...; S.C. 5 Am. Dec. 83. III. The covenant of seisin is broken, if at all, as soon as it is made. Rawle on Covenants, § 205, and cases cited; Lot v...construing a covenant created by statute out of language of grant in a deed, and in derogation of the common law, the words should be construed strictly. Covenants of seisin and for quiet enjoyment...

...covenant of seisin when he is the owner of the land at the time of the conveyance is subject to exception. The intention of the parties is the controlling feature. Where the vendor has denied the...complaint is confined to breach of covenant of seisin, and fails to claim damages for breach of covenant against encumbrance or covenant for future enjoyment. Garner v. Morris.... 568, 571, 39 So. 350. A grantee is never allowed to recover for breach of covenant of seisin when he is the owner of the land at the time of the conveyance. Western Lbr. Co. v. Lacey Lbr. Co., 123 Miss...

.... 1. COVENANTS — "Covenant of Seisin" — Breach — "Covenant of Right to Convey." Covenants of "seisin" and "good right to...action for breach of the covenants of seisin and good right to convey, an eviction need not be alleged; but it is sufficient in charging a breach to negative the words of the covenant generally...deed contains no express covenant of seisin, but is a warranty deed, made in compliance with the requirements of chapter 18, of Comp. Laws 1909. Section 1202 of said statutes is as follows...

.... 2. Covenants. Pleading. Eviction must be pleaded and proved in action on covenant of warranty. In a suit on covenants of warranty of title eviction must be alleged and proved. 3. Covenants. An immediate action arises upon the breach of a covenant of seisin. A...covenant of seisin is an assurance to the vendee that...of action accrues to the vendee for its breach without and before eviction. 4. Covenants. The covenant of seisin does not embrace a title that may be already in the...

...representatives and assigns, against the claims and demands of all persons whatever. In this Commonwealth, a general warranty encompasses the covenant of seisin, covenant...of right to sell, covenant of freedom from encumbrances, covenant of quiet enjoyment, and covenant of warranty of title. See Dortch's Ex'r v. Willoughby, 272 Ky. 231, 113 S.W.2d 832 (1937), and Eli v. Trent, 195 Ky. 26, 241 S.W. 324 (1922). Our attention is directed to the covenants of seisin and...of title. The covenant of seisin guarantees that "the grantor is, at the time of conveyance, lawfully seised of...

...Edward H. Johnston, Jr., for defendant appellee. 1. Deeds 22 — covenant of seisin — property less than stated amount...not establish a breach of the covenant of seisin. Nor did the fact that a portion of the property conveyed by the deed was within the rights of way of two public roads adjoining the property...establish a breach of the covenant of seisin. 2. Deeds 24 — covenant against encumbrances — highway right of way A right of way...

...Court case addressing the measure of damages for breach of the covenant of seisin. The supreme court addressed...covenant of seisin is "an assurance that the grantor has the very estate in quantity and quality which he purports to convey." Burton v. Price...the warranty deed he provided to Al-Nayem. Specifically, the court found that Mr. Allard breached the covenant of seisin when he purported to transfer property to AlNayem that Mr. Allard did not, in...

...the words of limitation quoted were not sufficient to eliminate the common-law covenant of seisin. The...interest in the property conveyed which she may possess." The covenant of seisin is commonly defined to be an assurance...." The Court held that the covenant of seisin as contained in the deed was general and unqualified and that the words of limitation clearly applied only to the covenant of warranty...