Thus, reading the deed as a whole, we hold that it contains a qualifying expression that limits the scope of Cochran’s liability for a failure of title-including in the form of a breach of the covenant of seisin.8 See Childress, 272 S.W.2d at 420 Garrett v.
So while we recognize that the covenant of seisin and a warranty of title are conceptually distinct obligations, at bottom the deed’s language expressly limits liability for a failure of title, regardless of whether that failure of title falls within the scope of the covenant of seisin. According to the special warranty clause at issue here, Cochran assumed the risk for a failure or defect of title that resulted from an individual claiming the property by, through, and under Cochran, but not otherwise. Again, when construing obligations in a deed, we look to its plain language. The fact that the covenant of seisin and a warranty of title are distinct does not prevent a warranty clause from affecting the grantor’s liability for breach of seisin. Nevertheless, “when a vendee accepts … a deed with special warranty, the presumption of law is that he acts upon his own judgment and knowledge of the title, and he will not be heard to complain that he has not acquired a perfect title.” McIntyre v. App.-Amarillo 1921, no writ) (“The limited warranty does not destroy its effect as a conveyance of the land.”).
To be sure, a special warranty deed still “conveys the land itself,” and “the limited warranty does not, of itself, carry notice of defects of title.” Id. By contrast, under a special warranty, the grantor “warrants the title only against those claiming ‘by, through or under’ *903 the grantor.” Paul, 211 S.W.2d at 356. See Gibson, 294 S.W.2d at 787–88 (“The obligation is … that will defend and protect the covenantee against the rightful claims of all persons.” (citation omitted)) Moore, 202 S.W.2d at 453. A general warranty applies to any failure or defect in the grantee’s title, whatever the source.
46, 202 S.W.2d 448, 453 (1947).Ī warranty of title may take the form of either a general or a special warranty. The measure of damages in a suit for breach of warranty of title, like those for breach of the covenant of seisin, is the consideration paid “for whatever portion of the conveyance that was subject to a failure of title” with interest. App.-El Paso 1918, writ ref’d) (“The mere existence of a superior title in another, which has never been enforced, does not amount to a breach of the covenant of warranty.”). Further, a warranty of title runs with the land and is not breached “unless and until there has been an actual or constructive eviction” of the grantee by an individual with superior title. A warranty of title does not warrant the title of the grantor but instead warrants the title of the grantee. “A warranty clause in a conveyance, either general or limited, is no part of the conveyance proper it neither strengthens, enlarges, nor limits the title conveyed, but is a separate contract on the part of the grantor to pay damages in the event of failure of title.” Bond v. 2020).īefore examining the effect of the deed’s language, we review the obligations imposed by a warranty clause.
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