Implied Covenants in Sales of Land

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In cases where the sale is made at the voluntary instance of parties, the decree or deed of the clerk shall imply a covenant of seisin and warranty of title by the parties whose interest is sold, their heirs and representatives, unless otherwise provided in the face of the decree.

Code 1858, § 4105; Shan., § 5917; Code 1932, § 10116; T.C.A. (orig. ed.), § 16-110.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 303.

Tennessee Jurisprudence, 16 Tenn. Juris., Judicial Sales, § 12; 20 Tenn. Juris., Partition, § 22.


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