Mississippi Code
Miss. Code Ann. § 89-1-33 (2026)
Effect of word "warrant" in conveyance
✓ current as of July 2026
The word "warrant" without restrictive words in a conveyance shall have the effect of embracing all of the five (5) covenants known to common law, to wit: seizin, power to sell, freedom from incumbrance, quiet enjoyment and warranty of title.
Codes, 1880, § 1233; 1892, § 2480; 1906, § 2817; Hemingway's 1917, § 2318; 1930, § 2122; 1942, § 843.
Notes of Decisions
Cited in 12
cases, 1985–2017 · leading case: Ferrara v. Walters, 919 So. 2d 876 (Miss. 2005).
Ferrara v. Walters, 919 So. 2d 876 (Miss. 2005). “" Miss.Code Ann. § 89-1-33 (1999). Because the contract here action obligated the Sellers to render a warranty deed, they possessed an affirmative duty to render to Ferrara a fee simple title which was clear and marketable.”
Ip Timberlands Operating Co. Ltd. v. Denmiss, 726 So. 2d 96 (Miss. 1998). “Miss.Code Ann. § 89-1-33 provides that the word "warrant" without restrictive words in a conveyance has the effect of embracing all covenants known to common law: seisin, power to sell, freedom from encumbrance, quiet enjoyment and warranty of title.”
Willard v. Paracelsus Health Care Corp., 681 So. 2d 539 (Miss. 1996). “1991) (error not to allow jury to consider attorney's fees against defendant accountant when his negligence required executrix to defend against a complaint by heirs).”
Thornhill v. Sys. Fuels, Inc., 523 So. 2d 983 (Miss. 1988). “Miss. Code Ann. § 89-1-33 (1972); see generally Hart and Sacks, note 2, supra, at 17-26; Cardozo, The Paradoxes Of Legal Science 70-72 (1928).”
Howard v. Clanton, 481 So. 2d 272 (Miss. 1985). “Miss. Code Ann. § 89-1-33 (1972). A covenant of merchantability of title has never been held, expressly or impliedly, in this jurisdiction or anywhere else in the common law world, among these five.”
Seymour v. Evans, 608 So. 2d 1141 (Miss. 1992). “According to Miss. Code Ann. § 89-1-33 : The word "warrant" without restrictive words in a conveyance shall have the effect of embracing all of the five covenants known to common law, to wit: seisin, power to sell, freedom from encumbrance, quiet enjoyment and warranty of title.”
Manson v. Magee, 534 So. 2d 545 (Miss. 1988). “Therefore, pursuant to Miss. Code Ann. § 89-1-33 (1972) all five covenants were transferred.”
T & W Homes Etc, LLC v. James Kendall Crotwell, 235 So. 3d 66 (Miss. 2017). “See Miss. Code Ann. § 89-1-33 (Rev. 2011) (“The word “warrant” without restrictive words in a conveyance shall have the effect of embracing all of the five (5) covenants known to common law, to wit: seizin, power to sell, freedom from incumbrance, quiet enjoyment and warranty of…”
Gordon v. Gordon, 929 So. 2d 981 (Miss. Ct. App. 2006). “1992) (citing Miss. Code Ann. § 89-1-33 (Rev.1999); Howard, 481 So.”
Christopher A. Ferrara v. Nancy S. Walters (Miss. 2003). “” Miss. Code Ann. § 89-1-33 (1999). Because the contract here action obligated the Sellers to render a warranty deed, they possessed an affirmative duty to render to Ferrara a fee simple title which was clear and marketable.”
Carolyn Willard v. Paracelsus Health Care Corp. (Miss. 1992). “1991)(error not to allow jury to consider attorney's fees against defendant accountant when his negligence required executrix to defend against a complaint by heirs).”
IP Timberlands Oper Co Ltd v. Denmiss Corp (Miss. 1996). “§ 89-1-33 provides that the word "warrant" without restrictive words in a conveyance has the effect of embracing all covenants known to common law: seisin, power to sell, freedom from encumbrance, quiet enjoyment and warranty of title.”
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