and several deeds are in use. The
forms differ considerably in the different states. The most important
of them is called a warranty deed, in which the seller not only
conveys the title, but warrants or agrees to defend it against all
attacks. Suppose A sells a piece of land by warranty deed to B, who
makes the unwelcome discovery that a mortgage is existing thereon. He
notifies A and asks him to clear the title. Suppose the mortgage has
been paid, but the lender of the money, the mortgagee, forgot to give
the proper deed to show that he had received payment. And suppose he
was an ugly fellow who would not give the proper release. B could
compel him to do so, and the expense must be borne by A because his
deed of warranty required him to give a clear title.

In such a deed the grantor or seller agrees or covenants to do usually
four or more specific things: first, he asserts that he has a right to
convey the land at the time of the sale. Of course, if he has not, the
agreement or covenant is at once broken and the buyer can proceed
against him to make the title good, or to recover damages if he cannot
retain the premises. The second covenant or agreement is to the effect
that the seller has both the quantity and quality of land mentioned in
the deed. The third covenant is that there are no encumbrances on the
land, that is, no mortgages, no rights of others to pass over it, or
to take earth, water or other things from the land. The fourth
covenant is for the quiet enjoyment of the land, which is the most
general form of warranty. There may be other covenants, often there
are, while the four mentioned may be, and often are, modified.

Does such a warranty bind other persons than the warrantor, in other
words are his heirs and persons to whom he may devise his lands also
indefinitely bound by his warranty? The statutes in some states fix
his liability. Where none exist the law limits the liability of
parties to the amount of assets or property they have received from
the warrantor; if they have received nothing they are not liable for
anything.

A covenant to protect the buyer from encumbrances, claims, etc., does
not always relieve him from the expense of a lawsuit. Suppose A claims
a right of way over B's land and insists on using it. B brings his
action of trespass against him and wins. He cannot sue his grantor or
seller to recover the expense of the suit, for the latter would reply,
"You have won your case which i