Feb. 1976: Albert James & Cheryl
Jun. 6 ,1976: James & Cheryl Dennis
June 10, 1976: Dennis mortgages property for $ 17, 159
Nov. 1977: Dennis paid off mortgage, obtained new mortgage for $17, 671 from GECC.
Title insurance issued.
In the foreclosure proceeding when it was determined Dennis had no interest in the land,
a title search as done and it was determined that Albert is liable for the covenant of quiet
title. It is generally recognized and held that when a covenant of title runs with the land,
all grantors, back to and including the original grantor-covenanto, become liable upon the
breach of the covenant to the assignee or grantee in possession or entitled to the
possession at the time, and the latter may sue the original or remote grantor, regardless of
whether he has taken from the immediate grantor with warranty.
James and Cheryl are not liable because the deed executed to them expressed no express
covenants of title, but used the words “grant, bargain, sell and convey.” Those terms
would only hold them liable against acts done or suffered by the grantor and his heirs.
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