Use of word "grant" in conveyance--Implied covenants, action to enforce

From the use of the word "grant" in any conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants, and none other, on the part of the grantor for himself and his heirs to the grantee, his heirs, and assigns, are implied unless restrained 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;

(2) That such estate is, at the time of the execution of such conveyance, free from encumbrances done, made, or suffered by the grantor, or any person claiming under him.

Such covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.

Source: CivC 1877, § 628; CL 1887, § 3249; RCivC 1903, § 942; RC 1919, § 548; SDC 1939, § 51.1415.