Burton v. Price
141 So. 728, 105 Fla. 544 (1932)
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Rule of Law:
A general covenant of seizin is breached at the moment of conveyance if the grantor does not possess the title they purport to convey, and this breach is independent of a separate, more limited special warranty in the same deed.
Facts:
- A grantor conveyed a parcel of land to a grantee by deed.
- The deed contained a general and unqualified covenant of seizin, in which the grantor asserted lawful ownership of the property.
- The deed also contained a special warranty, where the grantor promised to defend the title only against lawful claims arising 'by, through and under him.'
- At the time of the conveyance, an outstanding adverse title to the property existed.
- This adverse title was not created by the grantor and existed prior to the grantor acquiring title to the property.
Procedural Posture:
- The plaintiff-grantee filed a two-count declaration against the defendant-grantor in a trial court.
- The first count alleged breach of the covenant of seizin, and the second count alleged breach of the covenant of warranty.
- The defendant filed a demurrer to the declaration, arguing that the plaintiff failed to state a valid claim.
- The trial court sustained the demurrer as to both counts, effectively dismissing the plaintiff's case.
- The plaintiff declined to amend the declaration, and the court entered a final judgment in favor of the defendant.
- The plaintiff-grantee then appealed the judgment to the state's highest court.
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Issue:
Does a grantor breach a general covenant of seizin by conveying property to which they lack title, even if the deed also contains a special warranty that only protects against title defects arising 'by, through and under' the grantor?
Opinions:
Majority - Buford, C.J.
Yes. A grantor breaches a general covenant of seizin if they convey property without the title they claim to possess, and this breach is distinct from the obligations under a special warranty. The covenant of seizin is a general assurance that the grantor has the very estate in quantity and quality which they purport to convey. If the grantor lacks title at the time of conveyance, this covenant is breached immediately, and the grantee may sue to recover the purchase price plus interest, without needing to be evicted. In contrast, the special warranty in this deed was limited to defects created by the grantor. Because the adverse title pre-existed the grantor's ownership, it did not arise 'by, through or under him,' and therefore the special warranty was not breached.
Analysis:
This decision clarifies the independent operation of different title covenants within a single deed. It establishes that a broad covenant, like a general covenant of seizin, is not limited or diminished by the presence of a narrower covenant, like a special warranty. The ruling reinforces that the covenant of seizin provides immediate protection to a grantee against any failure of title at the time of conveyance, regardless of the defect's origin. This precedent is crucial for property law as it ensures that buyers receive the full, distinct protection afforded by each specific covenant recited in their deed.
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