In a conveyance of real estate the words, "warranty covenants" shall have the full
force, meaning and effect of the following words: "the grantor for himself, his heirs,
executors, administrators and successors, covenants with the grantee, his heirs,
successors and assigns, that he is lawfully seized in fee simple of the granted premises;
that they are free from all former and other grants, bargains, sales, taxes, assessments
and encumbrances of what kind and nature soever; that he has good right to sell and
convey the same; and that he will, and his heirs, executors, administrators and
successors shall warrant and defend the same to the grantee and his heirs, successors
and assigns forever against the lawful claims and demands of all persons."
History: 1941 Comp., § 75-135, enacted by Laws 1947, ch. 203, § 10; 1953 Comp., §
Notes of Decisions
RABO Agrifinance, Inc. v. Terra XXI, Ltd., 2012-NMCA-038.
· cites it 4× “” Rabo asserts, based on Section 47-1-403 and the similar language in Section 47-1-37, that “with mortgage covenants” Terra represented and agreed that it was lawfully seized in fee simple of the granted, mortgaged, and conveyed premises and that the property was free from all…”
Bloom v. Hendricks, 804 P.2d 1069 (N.M. 1991).
· cites it 2× “Pursuant to NMSA 1978, Section 47-1-37 (Orig.Pamp.), the words "warranty covenants" in a conveyance of real estate have the following meaning and effect: the grantor for himself, his heirs, executors, administrators and successors, covenants with the grantee, his heirs,…”
Garcia v. Herrera, 1998-NMCA-066, 959 P.2d 533.
· cites it 2× “” NMSA 1978, § 47-1-37 (1947). In a typical warranty deed, “the grantor covenants to warrant and defend the title conveyed by the deed against any lawful claim.”
Rabo Agrifinance, Inc. v. Terra XXI, Ltd., 2012-NMCA-038, 1 N.M. Ct. App. 512.
· cites it 5× “” {8} Rabo explains that the meaning of “warranty covenants” in NMSA 1978, Section 47-1-37 (1947), titled “[ejffect of warranty covenants in conveyances^]” is that the grantor of real estate represents and agrees ‘“that he is lawfully seized in fee simple of the granted…”
Bloom v. Hendricks, 804 P.2d 1069 (N.M. 1991).
· cites it 2× “Pursuant to NMSA 1978, Section 47-1-37 (Orig.Pamp.), the words “warranty covenants” in a conveyance of real estate have the following meaning and effect: the grantor for himself, his heirs, executors, administrators and successors, covenants with the grantee, his heirs,…”
Christopher v. Owens, 2016-NMCA-099, 385 P.3d 633.
· cites it 2× “Sonora filed its motion first, relying on the district court’s ruling that Owens had no ownership in the Maxwell Springs to argue that Owens necessarily breached the warranty covenants ofthe deed as defined inNMSA 1978, Section 47-1-37 (1947). Owens filed a lengthy response,…”
Mary A Suarez (Bankr. D.N.M. 2020).
· cites it 2× “15 NMSA 1978, § 47-1-37 (“In a conveyance of real estate the words, ‘warranty covenants’ shall have the full force, meaning and effect of the following words: ‘the grantor for himself, his heirs, executors, administrators and successors, covenants with the grantee, his heirs,…”
Lorentzen v. Sanchez, 789 P.2d 1260 (N.M. 1990).
· cites it 2× “Such covenants include the warranty that “ ‘the grantor * * * has good right to sell and convey the [granted premises] * * NMSA 1978, § 47-1-37. This warranty was included in the contract form.”
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