Right to Enforce Covenants

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The purchaser at a judicial sale may enforce any covenants of warranty running with the land which are incorporated in the previous title deeds.

(Orig. Code 1863, § 2578; Code 1868, § 2581; Code 1873, § 2623; Code 1882, § 2623; Civil Code 1895, § 5450; Civil Code 1910, § 6055; Code 1933, § 39-1308.)

Cross references.

- Rights to which purchaser at public or private sale succeeds generally, § 44-5-60.

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Judicial Sales, § 153.

C.J.S.

- 50A C.J.S., Judicial Sales, § 106 et seq.

ALR.

- Waiver of right to enforce restrictive covenant by failure to object to other violations, 25 A.L.R.5th 123.

Change in character of neighborhood as affecting validity or enforceability of restrictive covenant, 76 A.L.R.5th 337.


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