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§ 210. Estate which passes by grant or devise.—A grant or devise of real property passes all the estate or interest of the grantor or testator unless the intent to pass a less estate or interest appears by the express terms of such grant or devise or by necessary implication therefrom. A greater estate or interest does not pass by any grant or conveyance, than the grantor possessed or could lawfully convey, at the time of the delivery of the deed ; except that every grant is conclusive against the grantor and his heirs claiming from him by descent, and as against a subsequent purchaser or encumbrancer from such grantor, or from such heirs claiming as such, other than a subsequent purchaser or encumbrancer, in good faith and for a valuable con. sideration, who acquires a superior title by a conveyance that has been first duly recorded.
[R. S., 2452, pt. II, ch. 1, tit. 2, art. 4, SS 143, 144,
Id., 2461, pt. II, ch. 1, tit. V, § 1,
§ 211. Certain deeds declared grants.-Deeds of bargain and sale, and of lease and release, may continue to be used ; and are to be deemed grants, subject to all the provisions of law in rela. tion thereto.
[R. S., 2452, pt. II, ch. 1, tit. II, § 142,
§ 212. Conveyance by tenant for life or years of greater estate than possessed.-A conveyance made by a tenant for life or years, of a greater estate than he possesses, or can lawfully convey, does not work a forfeiture of his estate, but passes to the grantee all the title, estate or interest which such tenant can lawfully convey.
[R. S., 2452, pt. II, ch. 1, tit. II, § 145,
§ 213. Effect of conveyance where property is leased.— An attornment to a grantee is not requisite to the validity of a convey.
ance of real property occupied by a tenant, or of the rents or
[R. S., 2453, pt. II, ch. 1, tit. II, § 146,
§ 214. Covenants in mortgages.— A mortgage of real property does not imply a covenant for the payment of the sum intended to be secured; and where such covenant is not expressed in the mortgage, or a bond or other separate instrument to secure such payment, has not been given, the remedies of the mortgagee are confined to the property mentioned in the mortgage.
SR. S. 2452, pt. II, ch. 1, tit. II, § 139,
$ 215. Mortgages on real property inherited or devised. Where real property, subject to a mortgage executed by any ancestor or testator, descends to an heir, or passes to a devisee, such heir or devisee must satisfy and discharge the mortgage out of his own property, without resorting to the executor or adminis.. trator of his ancestor or testator, unless there be an express direction in the will of such testator, that such mortgage be otherwise paid.
[R. S. 2461, pt. II, ch. 1, tit. V, § 4,
§ 216. Covenants not implied.— A covenant is not implied in a conveyance of real property, whether the conveyance contains any special covenant or not.
[R. S. 2452, pt. II, ch. 1, tit. II, § 140,
§ 217. Lineal and collateral warranties abolished.— Lineal and collateral warranties, with all their incidents, have been abolished;
but the heirs and devisees of a person, who has made a covenant or agreement, are answerable thereon, to the extent of the real property descended or devised to them, in the cases and in the manner prescribed by law.
[R. S. 2452, pt. II, ch. 1, tit. II, § 141,
§ 218. Construction of covenants in grants of freehold interests.- In grants of freehold interests in real property, the following or similar covenants must be construed as follows:
1. Seizin.- A covenant that the grantor “is seized of the said premises (described) in fee simple, and has good right to convey the same,” must be construed as meaning that such grantor, at the time of the execution and delivery of the conveyance, is lawfully seized of a good, absolute and indefeasible estate of inheritance in fee simple, of and in all and singular the premises thereby conveyed, with the tenements, hereditaments and appurtenances. thereto belonging, and has good right, full power and lawful authority to grant and convey the same by the said convey. ance.
2. Quiet enjoyment.-A covenant that the grantee "shall quietly enjoy the said premises," must be construed as meaning that such grantee, his heirs, successors and assigns, shall and may, at all times thereafter, peaceably and quietly have, hold, use, occupy, possess and enjoy the said premises, and every part and parcel thereof, with the appurtenances, without any let, suit, trouble, molestation, eviction, or disturbance of the grantor, his heirs, successors or assigns, or any person or persons lawfully claim. ing or to claim the same.
3. Freedom from incumbrances.— A covenant “ that the said premises are free from incumbrances," must be construed as meaning that such premises are free, clear, discharged and unincumbered of and from all former and other gifts, grants, titles, charges, estates, judgments, taxes, assessments, liens and incum. brances, of what nature or kind soever.
4. Further assurance.- A covenant that the grantor will "exe. cute or procure any further necessary assurance of the title to said premises," must be construed as meaning that the grantor and his heirs, or successors, and all and every person or persons whomso. ever lawfully or equitably deriving any estate, right, title or in. terest of, in, or to the premises conveyed by, from, under, or in trust for him or them, shall and will at any time or times thereafter upon the reasonable request, and at the proper costs and charges of the grantee, his heirs, successors and assigns, make, do, and execute, or cause to be made, done and executed, all and every such further and other lawful and reasonable acts, conveyances and assurances in the law for the better and more effectually vesting and confirming the premises thereby granted or so in. tended to be, in and to the grantee, his heirs, successors or assigns forever, as by the grantee, his heirs, successors or as. signs, or his or their counsel learned in the law, sball be reasonably advised or required.
5. Warranty of title.— A covenant that the grantor “ will for ever warrant the title" to the said premises, must be construed as meaning that the grantor and his heirs, or successors, the prem. ises granted, and every part and parcel thereof, with the appurtenances, unto the grantee, his heirs, successors, and assigns, against the grantor and his heirs or successors, and against all and every person or persons whomsoever lawfully claiming or to claim the same shall and will warrant and forever defend.
6. Grantor has not encumbered.— A covenant that the grantor “has not done or suffered anything whereby the said premises have been encumbered," must be construed as meaning that the grantor bas not made, done, committed, executed, or suffered any act or acts, thing or things whatsoever, whereby or by means whereof, the above mentioned and described premises, or any part or parcel thereof, now are, or at any time hereafter shall or may be impeached, charged or incumbered in any manner or way whatsoever.
TL. 1890, ch. 475, $ 1,
$ 219. Construction of covenants in mortgages and bonds.— In mortgages of real property, and in bonds secured thereby, the following or similar covenants must be construed as follows:
1. Agreement that whole sum shall become due.--The words “and it is hereby expressly agreed that the whole of the said principal sum shall become due at the option of said mortgagee or obligee after default in the payment of interest for ..... days, or after default in the payment of any tax or assessment for ......... days, after notice and demand," must be con. strued as meaning that should any default be made in the pay. ment of the said interest, or of any part thereof, on any day whereon the same is made payable, or should any tax or assess. ment, which now is or may be hereafter imposed upon the prem. ises hereinafter described, become due or payable, and should the said interest remain unpaid and in arrear for the space of ......... days, or such tax or assessment remain unpaid and in arrear for ......... days after written notice by the mort. gagee or obligee, his executors, administrators, successors or assigns, that such tax or assessment is unpaid, and demand for the payment thereof, then and from thenceforth, that is to say, after the lapse of either one of said periods, as the case may be, the aforesaid principal sum, with all arrearage of interest thereon, shall, at the option of the said mortgagee or obligee, his executors, administrators, successors or assigns, become and be due and payable immediately thereafter, although the period above limited for the payment thereof may not then have expired, anything thereinbefore contained to the contrary thereof in any wise notwithstanding.
2. In default of payment, mortgagee to have power to sell.A covenant that the mortgagor “will pay the indebtedness, as provided in the mortgage, and if default be made in the payment of any part thereof, the mortgagee shall have power to sell the premises therein described, according to law," must be construed as meaning that the mortgagor for himself, his heirs, executors and administrators or successors, doth covenant and agree to pay to the mortgagee, his executors, administrators, successors