Section 43-25-11 - Use of words "remise," "release," or "quitclaim" in conveyance--Implied covenants.
43-25-11. Use of words "remise," "release," or "quitclaim" in conveyance--Implied covenants. From the use of the words "remise," "release," or "quitclaim" in any conveyance by which an estate or interest in real property is to be passed, the following covenants on the part of the grantor to the grantee, his heirs, or assigns, are implied, unless restricted by express terms contained in such conveyance:
(1) That previous to the time of the execution of such conveyance the grantor has not conveyed the same estate or any right, title, or interest therein to any person other than the grantee; and
(2) That such estate is at the time of the execution of such conveyance free from encumbrances made, done, or suffered by the grantor.
Source: SL 1909, ch 179, § 1; RC 1919, § 549; SDC 1939, § 51.1416.