89-1-17 - Alienation good for grantor's interest; remainder not affected.
§ 89-1-17. Alienation good for grantor's interest; remainder not affected.
All alienations and warranties of lands purporting to convey or pass a greater estate than the grantor may lawfully convey or pass, shall operate as alienation or warranties of so much of the right and estate in such lands as the grantor could lawfully convey, but shall not pass or bar the right to the residue of the estate purported to be conveyed; nor shall the alienation of any particular estate on which a remainder may depend, whether such alienation be by will or other writing, nor the union of such particular estate with the inheritance, by purchase or by descent, so operate, by merger or otherwise as to defeat, impair, or in any way affect such remainder.
Sources: Codes, Hutchinson's 1848, ch. 42, art. 1 (25); 1857, ch. 36, art. 7; 1871, § 2290; 1880, § 1199; 1892, § 2444; 1906, § 2774; Hemingway's 1917, § 2278; 1930, § 2118; 1942, § 839.