70-20-304. Implied covenants -- free from encumbrance. (1) The use of the word "grant" in any conveyance by which an estate of inheritance or fee simple or possessory title is to be passed implies only the following covenants and none other on the part of the grantor for the grantor and the grantor's heirs to the grantee and the grantee's heirs and assigns unless restrained by express terms contained in the conveyance:
(a) that prior to the time of the execution of the conveyance the grantor has not conveyed the same estate or any right, title, or interest in that estate to any person other than the grantee; and
(b) that the estate is at the time of the execution of the conveyance free from encumbrances done, made, or suffered by the grantor or any person claiming under the grantor.
(2) The enumerated covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.
History: En. Sec. 50, p. 487, Bannack Stat.; re-en. Sec. 50, p. 404, Cod. Stat. 1871; re-en. Sec. 227, 5th Div. Rev. Stat. 1879; re-en. Sec. 285, 5th Div. Comp. Stat. 1887; amd. Sec. 1519, Civ. C. 1895; re-en. Sec. 4627, Rev. C. 1907; re-en. Sec. 6874, R.C.M. 1921; Cal. Civ. C. Sec. 1113; re-en. Sec. 6874, R.C.M. 1935; R.C.M. 1947, 67-1616; amd. Sec. 2148, Ch. 56, L. 2009.
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